Introduction
As a horse owner whether you need planning permission for a field shelter can be complicated.
Field shelters are essential to provide horses and other livestock with protection from the harsh British weather. Horses also use them in summer, for shade and protection from flies.
However, navigating the legalities of installing one can be tricky.There is also lots of conflicting advice on the internet which may confuse you further.
This guide will help break down the rules around planning permission for field shelters in England, with some key tips to avoid problems.
What is a Field Shelter?
Before we dive into the details of planning permission, let’s clarify what counts as a field shelter for planning purposes.
In simple terms, a field shelter is an open-fronted structure used to provide animals, typically horses or livestock, with shelter from the elements.
There are several types of field shelters:
- Mobile shelters: Equestrians use these the most. A 4×4 or tractor can move them around. Typically mounted on skids.
- Temporary shelters: Lightweight structures that can be erected and dismantled quickly. Farmers will typically use these, less common for equestrian use.
- Permanent shelters: Consist of fixed, more robust structures designed to stay in one place for the long term. They will often have a permanent base of concrete or MOT to help with keeping them clean.
Do Field Shelters Require Planning Permission?
The question of whether you need planning permission largely depends on the type of field shelter you intend to install. Planning permission is often required for permanent structures, but there are some exemptions and allowances for temporary or mobile field shelters.
These are the factors that determine whether planning permission is required:
Mobile vs Permanent Structures
One of the biggest distinctions in planning law is between mobile and permanent structures.
Mobile field shelters allow easy movement around your property because they are not fixed down Because of this, authorities view them as temporary structures. They may not need planning permission
The key factor here is mobility. You must regularly move a shelter around your land to ensure it is “genuinely mobile”. If it remains in one spot for a long time, it could lose its “mobile” status in the eyes of the local planning authority (LPA).
Not many authorities have said what counts as regularly moved. South Downs National Park (SDNP) say that every 6 months is a reasonable guideline. The definition of “moved” is also unclear, but authorities prefer at least the length of the building.
To have a permanent field shelter anchored into the ground, you will need to obtain planning permission.
Location
Where you plan to position your shelter also plays a role in determining whether you need permission.
If your land is in a designated area, you’ll face stricter planning rules. These include Areas of Outstanding Natural Beauty (AONB) and National Parks . Even mobile shelters may need permission in these areas.
Size and Scale
Typically small, moveable shelters do not need planning. However small permanent structures will require permission. Small is considered as under 1500 Sqm for agricultural land
Larger structures (Those over 1500 Sqm) often need planning consent, regardless of whether they are mobile or permanent.
This is not typically an issue for horses, as the buildings do not need to be that large. We have built shelters up to 15m long with no issues, which would house 4 or more horses easily.
Purpose
How you plan to use your shelter also affects the need for planning permission. Agricultural use is treated differently from equestrian use. Domestic use (I.e. pets kept at your home) is also possible, and has different permitted development again.
Land used for farming (e.g., raising livestock) generally enjoys more permitted development rights than land used for leisure or equestrian activities.
If your shelter is for horses as part of an agricultural operation, you may be exempt from planning permission. If you use your horses for leisure or sport, consent will be required for permanent structures
Key Legal Considerations and Exemptions
Now that we’ve covered the basic factors, let’s dive into some key legal terms and potential exemptions that might apply to you.
Permitted Development Rights
Permitted development rights allow for certain types of development without the need for planning permission. For example, agricultural buildings below a certain size may be exempt. If your land is classified as agricultural it might fall under this exemption. This is for working horses or livestock.
However, it’s essential to consult with your LPA to confirm whether these rights apply in your case.
Temporary Structures Exemption
Some temporary field shelters may be exempt from planning permission under certain conditions. To qualify as a temporary structure, the shelter must not have a permanent foundation. Regularly moving the structure around your property may help demonstrate that it is, in fact, temporary and therefore not subject to planning regulations.
Agricultural Use vs. Equestrian Use
As mentioned earlier, there’s a critical distinction between agricultural use and equestrian use in planning law. Horses kept for agricultural purposes (such as working horses) may not require planning permission for their shelters.
However, if you use your horses for leisure, riding schools, or sporting activities, stricter rules apply. You will require planning permission for permanent shelters or stables.
The Planning Permission Application Process
If you do need planning permission for your field shelter, here’s a step-by-step guide on how to apply.
1. Consult with Your Local Planning Authority (LPA)
Start by consulting with your LPA. They will provide advice on whether your proposal requires planning permission and guide you through the application process. Although people are often scared to ask the authorities, most of them are really helpful and will give you basic advice without cost.
If there are more detailed issues to address, you can choose a pre-planning application. This usually costs between £150 and £200, depending on your local authority. Commercial applications, for a riding school or livery yard, will come at a higher cost.
2. Submit a Planning Application
Once you’ve consulted with your LPA, the next step is to submit a formal planning application. You’ll need to include documents such as site plans, detailed shelter specifications, and possibly an environmental impact assessment. We are happy to help with this element, and can supply all the needed drawings and documentation for a small fee.
Remember, there is a fee for submitting a planning application. The exact cost depends on your local planning authority and the size of the proposed development.
3. Await a Decision
Planning applications typically take between 8 to 12 weeks to process, depending on the complexity of the case. The LPA will review your application and assess the potential impact of your field shelter on the surrounding area.
You’ll receive a formal decision notice once the process is complete. The outcome will be an approval, conditional approval, or refusal.
4. Appeals Process (If Needed)
Don’t panic if the LPA refuses your application. You have the option to appeal the decision.
The appeals process can be time-consuming, so it may be better to try and re-site the building and submit a new application. A planning consultant will be best placed to advise on this aspect.
Planning Permission for Mobile Field Shelters
As mentioned earlier, mobile field shelters are often exempt from planning permission. However you must ensure that your shelter remains genuinely mobile and doesn’t become classified as a permanent structure. LPA’s do not monitor movement of shelters, but they can act if they receive complaints. Regular movement of the shelter around your field is key to maintaining its “mobile” status.
Tips for Avoiding Planning Permission Issues
Here are a few practical tips to help you avoid planning permission headaches:
- Consult a Planning Expert Early: Engaging a professional early in the process can save you time and money
- Use Mobile Shelters: These avoid the planning permission process altogether
- Keep Records: Document any movement of your mobile shelter to show compliance with mobility requirements.
- Check Local Regulations Regularly: Planning rules can vary by region and change over time.
FAQs
- Do I need planning permission for a small temporary shelter?
- Probably not, but it depends on how long it stays in one place and whether it’s truly temporary.
- What happens if I install a field shelter without permission?
- You risk enforcement action from your LPA, which could result in a fine or having to remove the structure.
- Can I convert a field shelter into a more permanent structure later?
- Yes, but you’ll likely need to apply for planning permission for the conversion.
Conclusion
In conclusion, while planning permission for field shelters in England can seem complicated, understanding the distinctions between mobile, temporary, and permanent structures is key.
Mobile and temporary structures normally do not require permission, whilst permanent structures almost always will.
If in doubt then always consult your local planning authority and seek professional advice when needed
If you have any questions or need some more help then please contact us, we are always happy to help.