The Accidental Smallholder Forum
Community => Introduce yourself => Topic started by: linds01 on June 22, 2013, 06:31:51 pm
-
I wonder if anyone can help me. Basically a friend of mine is being harassed by a local councillor and Council over planning issues. I am trying my hardest to help her and I am going to go to the Ombudsman with a complaint but in the meantime I am trying to put together evidence for her appeals against enforcement notices. She is fighting two and an abatement notice so things are looking bad. To cut a long story short they are saying that she has changed the use of her land (3 small paddocks). However she applied for a Agricultural Holding number 18 years ago which entitles her to keep chickens goats and horses. She has kept Shetlands and Sect A's on her paddocks for the 20 years she has owned the land. In these 20 years she has been very active in helping the local semi Ferrel ponies that are in dire conditions on the commons and she has taken a number in over the years before they have gone on to one of the major charities. I can help with all the 'rubbish' that is being quoted but I am overwhelmed by quotations of case law. They quote 6 established functions of horses . Then relate it to her case - 'There was not difficulty in most cases in recognising whether land was being used for the grazing or for the keeping of non agricultural horses. Then quote para's of previous cases tried in court!!! My friend has been overwhelmed. No appointments are available with Citizens Advice, she cannot afford a solicitor. Does anyone have any advice please. Our evidence has to be in by 2ND July!!! Thank you!
-
Put the goats in with the horses - the horses are only there to help graze back the land after the goats have used it. ;)
-
In the end its a postcode lottery and if you have someone at 'the office' after you - you could be knackered.
Are their any other problems apart from the fact they are quoting that the land has to be agri - which horses and ponies are not?
Is the land overloaded with horses poaching the area to death, hedges being knocked over and eaten? etc etc?
-
I think the best answer would be to goto the local paper - 'council forces poorly ponies off locals land'
Isnt it sad that these people have nothing else to do?
Good luck with it.
-
I agree with Baz - go to the local papers - you may get an offer of pro bono help from a local solicitor :fc:
What a ridiculous situation - makes me wonder what's behind it ???
-
However she applied for a Agricultural Holding number 18 years ago which entitles her to keep chickens goats and horses.
As far as I know an Agricultural Holding Number is just that; a number. It does not entitle you to keep anything nor would it, in my opinion, override the requirement to have the correct Planning Permission for the end use.
Whilst, I'm in no way implying that this relates to your friend's situation many of the ramshackle 'horsey' places I see with old sheds, broken pallets, old freezer containers and general tat tied together with baler twine need as much planning enforcement as possible - from an environmental point of view and often for the sake of the poor animals housed there.
Probably not what you wanted to hear.
-
We bought our land over ten years ago and do not have a holding number. We keep horses but have not applied for change of use. I applied for a stable block and had it with no problem while a friend of ours bought land, applied for change of use from agricultural and has had no end of problems ending up with mobile field shelters and no outbuilding at all!
-
You could be entitled to a Lawful Use Certificate. This can apply to both land use and buildings.
-
Also, if horses are purely grazing the land and not being fed additional feed or exercised (ridden or driven) then altho horses (excl working horses) aren't agricultural animals in planning terms that use of the land IS considered agricultural and change of use is not required.
Grey area if hay is put out for them, that might breach the exemption, but then if the other livestock is out there too the hay could be for them.....
Any structures or equipment solely for the horses on the land would undermine being able to use that exemption, I think tho.