You asked, we answered: equine businesses and planning permission

Following on from our series “you asked, we answered” which addresses a variety of questions frequently asked by members of the public at the National Equine Show at the NEC in Birmingham earlier this year, we look at our next question …

Do I need planning permission to convert a building so I can live on site with my horses?

Equine businesses such as livery yards and racing stables, riding schools and stud farms will generally require planning permission for conversion of an existing building to a residential use. Equestrian buildings, unlike those in agricultural use, do not qualify for permitted development rights of non-residential buildings for residential use. There are other permitted development rights which may be of use, such as fencing.

What are permitted development rights?

Permitted development rights allow certain building works and changes of use to be carried out without having to make a planning application, subject to conditions and limitations to control the impacts.

In May 2024, the Government extended so-called ‘Class Q’ permitted development rights for the conversion of agricultural buildings and former agricultural buildings to residential. Prior approval is required from the local authority before carrying out any works and there are a number of conditions to meet.

Is the use of my land agricultural or equestrian?

It is often assumed that the keeping of horses on the land falls under agricultural use. However, under the definition of agriculture (section 336 of the Town and Country Planning Act 1990) the land can only be used by horses for grazing purposes. Supplementary feeding of hard feed, rugging and exercising horses on the land are all considered to fall outside the definition of agricultural use. As such an application to change the use would be required. The time limit for enforcement by the local authority for a breach of change of use is 10 years.

If I have planning permission for one equestrian use, can I use the land/buildings for another equestrian use?

Equestrian uses often fall under a use class known as ‘sui generis’, which means ‘in a class of its own’. It does not always follow, however, that you can switch one equestrian use for another without permission. For example, a change of use from a stud farm to a racing yard would generally require permission. Should you be considering making any changes, contact Birketts in the first instance so we can give you bespoke advice.

Obtaining planning permission

It can be hard in the countryside to secure planning permission for conversion of a building to residential, or the construction of a new dwelling. However, the National Planning Policy Framework (NPPF), paragraph 84, does provide for housing for rural workers if there is an essential need for a rural worker to live permanently at or near their place of work in the countryside, or the development would re-use redundant or disused buildings and enhance its immediate setting.

Equestrian businesses would potentially be eligible for this, although for rural worker dwellings a supporting statement is required to demonstrate the need for the rural worker to live at, or in close proximity to, their place of work and that on-site attention is required 24 hours a day.

The precise requirements for submitting a planning application for a rural worker dwelling are determined by individual local authorities. They will consider, among other things, the degree to which there is confidence that the enterprise will remain viable for the foreseeable future and whether it is appropriate to consider granting permission for a temporary dwelling for a trial period. Any planning permission granted for a dwelling for a rural worker would come with a rural worker occupancy condition.

If you require advice or support with a planning query, please contact a member of the Birketts’ Equine Sector Group for advice. Our team has specialist knowledge and experience in dealing with equine planning matters and can assist with a wide range of planning issues and advice.

For more questions and answers in our ’You asked, we answered’ series, please visit our Equine Sector Group webpage.