DC Casebook: Agricultural Development - Stables use restrictions held unnecessary

Various conditions imposed on a planning permission allowing the retention of private stables in the Somerset countryside have been struck down as unnecessary and excessively restrictive.

The first condition stipulated that a waste management plan had to be approved by the council dealing with the storage and disposal of straw and dung. The second dictated that no soiled bedding should be burnt on-site and the third restricted stable use to between 8am and 9pm each day.

The inspector noted that the stables were situated in an isolated position more than 400m from the nearest dwelling. Only a limited number of horses could be stabled in them, he decided. On that basis, he held that the first two conditions were unnecessary to maintain the amenity and living conditions of nearby residents.

The final condition was so manifestly unreasonable as to effectively nullify the consent, he ruled. He accepted that the council's objective was to minimise traffic using the access to the site. However, he found it clear that the appellant often needed to collect her horses early in the morning to take part in events and would often return late at night. As this would happen only occasionally, he concluded that it was unnecessary to limit hours of use in the manner required by the council.

DCS Number 100-064-245

Inspector Christopher Gethin; Written representations

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