Or do they?
This is an age old question, with many differing opinions. Many council planning departments will insist that you do need planning permission and others will say you do not.
My aim today is to bring some clarity to this, so that you may confidently install a mobile field shelter in the full knowledge that you are not in breach of uk. Planning Laws.
Should you be reading this as a planning officer, I trust that you will find my research useful, and it will save you a lot of time and precious council resources coming to your final conclusions on this matter.
So, why is it that there is this conflict of opinion?
Let’s look at this from a planning officer’s perspective. They have a report come in to them to say a large timber building has arrived in a field. “A building put in a field? That must need planning approval” they assume.
On the face of it they are right. Buildings need planning approval, so they issue a note to the land owner stating that a breach of planning control has taken place and the field owner must either remove the building or apply retrospectively for planning permission. Quite straight forward one might assume.
Now to be fair to our planning officers, who, let’s face it, do a great and sometimes difficult, demanding job ensuring our countryside does not get over developed. There is a myriad of new legislation on development to learn on an almost daily basis and I personally feel it is impossible to fully be aware of all of the legislation all of the time.
Therefore, those who are aware of a particular historical planning case in regard to mobile field shelters will tell you that you do not need permission, whereas those who are not aware of it, will tell you the opposite.
I am going to go over and quote from an appeal decision relating to a case involving, a Mr Bennet, following his decision to buy and install a Mobile Field Shelter in Dorset, Wiltshire in 2001. He was asked to remove it by his council.
Way back in 2001, Purbeck District Council issued an enforcement notice to Mr Bennet after he had just taken possession of his mobile field shelter, stating that, and I quote directly from the appeal decision;
” Without planning permission, he had committed a “change of use of the land from grazing to a mixed use comprising the keeping of horses and the siting of a horse shelter.”
They demanded that he “cease using the land for storing a horse shelter and completely remove the shelter from the land.”
Mr Bennet appealed this enforcement notice as he firmly considered that his shelter did not fall under any planning requirements, as his structure was a piece of equipment that was mobile and could be moved at will from location to location and it did not have any ground-works associated with it.
The appeal was decided by an independent inspector appointed by The Secretary of State for Local Government, amongst other titles.
Stick with me, I know this is just getting a bit heavy and your eyes are starting to glaze over, because it will be worth it in the end.
The inspector visited the site, took on board all the arguments on both sides. He acknowledged that:
“No preparation of the ground was required prior to the erection of the mobile field shelter.”
“There is no physical attachment to the ground”
“There are no services connected.”
“It is not permanently sited”
“It is designed to be moved”
The inspector then concluded:
“ Having regard to the foregoing, it is my conclusion as a matter of fact and degree that, on the balance of probability, the stationing of the field shelter on the land did not amount to operational development as defined in section 55(1) of the 1990 Town & Country Planning Act. The enforcement notice which alleges the erection of a horse shelter is therefore not applicable and will be quashed.
Now there was a second element to this enforcement notice, namely Purbeck Council believed that there was a change of use on the land to a mixed use, and I quote again directly from the appeal decision.
“The argument for the appellant is that notice land is used by horses for grazing; that the judgement in the case of Sykes v SSe and South Oxford DC; South Oxfordshire DC v SSe and Underwood and others [1981] JPL 285 confirmed that such a use falls within the definition of agriculture in section 336(1) of the 1990, and that, by virtue of Section 22(2)(e) of the Act, planning permission was not required.
In the inspectors final conclusion he states;
Consequently, the siting of the mobile field shelter in connection with this use would similarly avoid the need for planning permission.
If you are still reading, well done. The appeal decision goes in to great detail with regard to Mr Bennet’s horses need to eat grass, his riding and possible leisure usage being undertaken.
Here are further direct quotes from the Inspector;
“What the council are saying is that there has been a change from use from grazing to a mixed use compromising the keeping of horses and the siting of a horse shelter.”
“There are two horses on the holding which the Appellant explained provides their entire feeding requirement. They graze the grass and a hay crop taken from the land is stored elsewhere and brought back as required in the winter months.”
“The council submit that the land is being used for a hobby purpose. Because horses will eat grass when put into a field, it does not follow that grazing is the primary use.”
“Because there is no reason to assume that any of the leisure riding or associated activity takes place on the land I find, on the balance of probability, that there is no direct leisure use of the appeal site itself.”
“Consequently, I do not accept the Councils contention that there is no agricultural element in the use currently being undertaken.”
And the inspectors final conclusion;
“Consequently, no planning permission was required and the notice will be quashed. In the circumstances, the deemed application for planning permission does not fail to be considered.”
“I conclude that in the particular circumstances of this case neither the mobile field shelter nor the use of the appeal site fall within the scope of planning control.”
So there it is, from that day back in August 2001, planning law was set on the subject of Mobile Field Shelters. They do not require planning permission and you not need to apply for a change of use for your horses to graze the land on fields with mobile field shelters in.
Councils all over the country now have to follow what the inspector concluded when assessing the siting of Mobile Field Shelters.
As a final piece of essential information on this subject, the site in question we are referring to here, sits in “An Area of Outstanding Natural Beauty.” Therefore we can conclude that even if you wish to site a mobile field shelter in an A0NB. You do not require planning permission.
Should your local planning officer insist that you do need planning approval, quote to them the Appeal decision reference number.
That number is; Appeal A: APP/B1225/C/01/1057144.
They will be able to access the full appeal decision from their database and read it in full for themselves.
Should you prefer, if you send an e-mail to info@primestables.co.uk with the words Appeal Decision in the title, I will gladly see to it that by return an attachment with the full appeal decision documentation is sent for you to read at your leisure..
Ordinarily I would not go in to so much drawn out detail in my posts here on the Prime Stables website, but I thought it was essential as I am seeing a lot of mixed messages from manufactures, various planning departments, Forums and people I talk to who just do not know why Mobile Shelters do not require planning permission. I trust this has helped clear the matter up and will avoid future confusion.
Enjoy your horses
The Stable Doctor.
http://blog.primestables.co.uk/
Advice is given without legal responsibility
56 Comments
I have found this to be true. The council did start to give me a bit of a hard time. I quoted the appeal number to them and eventually it all went quiet.i am thinking of getting 2 more for this winter now.
I thought field shelters needed to be attached to the ground to stop them blowing away in high winds. How can people get round that problem? and how do they secure them?
You are quite right, in an exposed position a mobile field shelter does need fixing to the ground or else the wind could move the shelter.
At Prime Stables, they inform me that they will supply if requested four staking down posts, which are fixed to the main steel towing frame at the four towing points either end of the shelter.
They have also told me that if it is at all possible add the shelter on to your house insurance for that extra peace of mind should the worst happen and you forget to fix it to the fixing down stakes provided..
Valuable info. Lucky me I found your site by accident, I bookmarked it.
Our field is on the single payments scheme with the rural payments agency, Will this be affected if I get a mobile field shelter for my horses who are currently grazing in it?
Also can the council state how far away from the road I must have my shelter?
Remember, they are not really buildings as such because there are no ground works involved and are fully movable. Mobile Field Shelters are simply pieces of equipment that can be towed into and out of your fields as desired. Therefore the council have no say in the matter as to where you might temporarily site your Mobile Field Shelter.
Once again, with the rural payments agency, the same rule should apply.
What an excellent piece of infomation, I can’t wait to ram it up my enforcement officers a***. Naturally I will wait 28 days to respond to his kind invitations. Thankyou for taking the time and trouble to post it.
I want to put up a mobile stable in a field which I rent in Devon. I have 2 horses which I ride. I don’t want to go through planning because the owner of the filed doesn’t want hassle, but said he’s happy for me to put one up.
Do all the above comments you noted on field shelters apply to mobile stables as well? Would I be allowed to pop a mobile stable up instead of a shelter as long as it’s on chains or skids? I won’t be connected to any mains of water or electric.
As far as I understand, if there isn’t any shelter, you are allowed to put up something mobile for animals need to get out of bad weather or hot weather!? So a shelter maybe fine? Though I’d prefer a stable.
Also, what if I want to store hay and straw and feed in it or a shed, how does that come into play? Are you allowed to store feed? Then there’s change of use of land? Though the field has been a grazing field for the past 20 yrs for horses. Will that stand me in good stead?
Regards Anna
Anna there are three points you raise here:
Do Mobile Stables need planning permission?
Can I store hay in my Shelter?
Do I need a change of use for the field?
On the first question, Do mobile Stables need planning permission?
The appeal decision related to a mobile field shelter. mobile stables do have the same criteria inso much as you quite rightly point out, no groundworks are required and no water or electric is connected. Therefore we can conclude that the structure is not a building but a movable piece of equipment that does not fall underplanning control. No council to my knowledge has as yet challenged this and pursed anyone in the way Purbek council did in relation to mobile field shelters, as in the appeal decision that we are discussing here.
The second point raised. Can I store hay in my shelter?
This very point was raised in the appeal notice. Mr Bennet, the owner of the land took a hay crop from the field and brought it back as required through the winter as required. Officially he did not store feed within the shelter for the long term.
The third point raised by you is; Do I need a change of use for my field?
As your horses have been happily grazing for 20 years you have an established use for the land and it should not be a concern. In the appeal notice this was also raised. Purbek council maintained that “a change of use from gazing to a mixed use comprising the keeping of horses and the siting of a horse shelter” The inspector quotes other cases. “Sykes v SSE and South Oxford Dc” amongst others and his conclusion was “I have already found that grazing is a significant use. In planning terms this amounts to an agricultural use. Consequently no planning permission was required.”
Anna, I always advise potential purchasers of land go along to their relevent council and have a friendly chat with a planning officer to see if they wil look upon their proposals favourably. get their input and compromise. Work with the planners where possible. They are civil servants who work for us. Their job is to advise and help where they can. Good luck. I would love to hear how you get on.
Hi there, if the temporary field shelter was mounted on a concrete base – how would this effect the situation in relation to planning?
many thanks
wadders
A goood question. This is a grey area because a small slab of concrete in a field does not require planning permission neither does a mobile field shelter. As the slab of conrete is for the siting of the shelter then this could possibly be construed as engineering works. My advice would be to use stable mats as a temporary base for the horses, then you know you are ok for sure. Prime Stables can supply if you wish to use mats. Hope this helps?
mobile stables. We recently had a visit from a planning officer who said to have mobile stables we should move them every 3 months or so to meet the criteria of mobile.Is this true? ps There hasn’t been any complaint from the public ,the planning officer noticed them and decided to act!
Helo Julie thank you for your comment on mobile stables. Yes the planning officer would be correct. Officially, the council will say that you should move them every three months. However, it is impractical for them to check this and to my knowledge they never do. I believe it is purely to maintain control over the site, should there be a need for them to monitor the activity on the field in question. Provided you are sensible and keep your activities low profile, the council will not bother you at all.
Mobile Stables. I want to buy a piece of land in a country park that has been used for many years for grazing horses. My horses must have stables, and I know that my planning department will not allow the erection of permanent stables. Are you saying that mobile stables will be acceptable please? Also, what would be the maximum size allowed please?
Hi Evellyn
The largest size that Prime Stables supply is 10.8m x 3.6m. Any bigger and you will struggle to move the shelter. The most practical size is 7.2m x 3.6m. You can then have two or more of these, depending on your circumstances. Do speak to the office at ‘Prime’ for more information should you want to talk to your Local Authority Planning Department about them.
i am being told by my local planning authority that because “it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock , or would be, within 400 metres of the curtilage of a protected building”
so i need planning permission do you know if this is correct
Thanks for your question Phil, remember no excavation is needed as the building is movable, in fact it is not a building, just a peice of equipment that can be towed in to and out of the field. therefore it does not fall under planning control.
I suggest you quote the appeal ref no. to your planning officer so that they can read the case for themselves. good Luck!
Keep posting stuff like this i really like it
I seldom leave comments on blog, but I have been to this post which was recommended by my friend, lots of valuable details, thanks.
This is a great thread, just what we wanted to hear! We have put a fully mobile stable on a piece of land next to our house, which in the past was a cattle yard (to gather the cows, prior to milking). It is now just a piece of scrap land, with some grass and some scrubby concrete. One person has enquired whether or not we need planning permission. My questions are:
1) Does the above exemption apply?
and
2) If not, can we apply for retrospective planning and leave it where it is in the meantime?
3) Does it make a difference if the house is Grade 2 listed and in a conservation area?!
We are renting the house, so won’t need to leave the stables there forever, anyway, but possibly up to another 3 years.
Thanks for your help!
Last year i lost an appeal against my local authority to keep some mobile stables that were fixed to a concrete base. I have removed them before issued with an enforcement notice, but now wonder if they will kick off if i put a mobile shelter in said field, in a different site. Site is exposed so can be seen by all and sundry….what to do??
can we build stables on a 6acre field without the need for planning permission if they are built of wood and don’t have concrete floors or are fixed to ground by footings.If we also use the field for other livestock and growing our animal feed and vegetables for our own use. Will no change of use occur and the field remain as agricultural use.The stables will be build along with other sheds behind a high hedge.The location is along a bridle path and other horses are kept in fields near by.
Hi Marion
Your site sounds a little complicated and to give a specific, accurate answer to your situation would be very difficult. However, from what you have said, it does appear to me that you will probably require planning permission for any fixed stables.
Mobile Field shelters will not require permission, but you must show you can move them, do not connect water or electricity as they could be construed as permament buildings.
May I suggest that you have an informal chat with a planning officer from your local council before you install any fixed buildings.
Good Luck and do let me know how you get on.
Hi Kerry
They may come and investigate if you put up a mobile, if they do, show them the appeal decion document. it has set a precedent for planning for MOBILE FIELD SHELTERS.
Good luck, let me know how you get on.
Hi Kloggsie
The simple answer is. Mobile Field shelters do not require planning permission. Fixed buildings do. They are pieces of equipment, not buildings.
All this information is such a great help thank you!!!!
I have just been told by my local planning officer that I will need planning permission as I am in an AONB. Really looking forward to putting in the application with the reference that you have quoted…..Hopefully I will be successful & will be placing an order with you very shortly !
hi
having terrible trouble with our local council they insist that our mobile field shelter (on skids ) is a stable and state that the above appeal decision does not exist
please can you help
yvonne
Hi Yvonne
We hear this all to often. As I pointed out in the blog article on mobile field shelters, some planning officers are just not aware of this ruling and some just use bully boy tactics.
Contact the Prime stables office on 01403 823 836 and they will email over to you a copy of the appeal decision for you to personally present to your council. Let me know how you get on.
hi,
am considering putting a mobile field shelter onto an existing concrete pad (parking place) next to our house (within 10m of house which is not listed) & fencing in a yard around it. It has been suggested to me that if I use movable fencing & gates (using sleves in ground)maintaing that everything is actually mobile & I don’t supply with services then I may not need planning permission – what do you think?
Hi Judy
The mobile field shelters will not need planning permission. As for your fencing, I would be of the opion that if it can be removed and is seen as temporary, then it will probably not need planning permission either.
thanks for getting back,
what about the proximity to the house? I am unsure about planning issues around this.
Lovely blog and information..
If I were to get two 7.2m x 3.6m shelters and station them facing one another – giving the overall effect of a ‘barn’ where would I stand in terms of p.p? Both the units would be completely moveable but it would enable me to have a hay store area between the two shelters as I would utilise the overhang for this purpose fixing barn style doors on the end of each gap.
Very interesting information!Perfect just what I was looking for!
*This actually answered my issue, thanks a ton!
Hi Sarah
The key point to remember is, the shelters are mobile and you must be able to show that you can move them. do not buy mobiles with the intention of making them permament fixtures, especially if you are putting them in because of planning sesnsitivity.
Hi, very interesting blog. I will definitely be saving it. I have 2 mobile 12 x 24 stables and a 12 x 24 shelter and tack room. I have them on the metal skids and are completely towable, but did put down some scalpings and gravel to avoid the muddy conditions. The field is at the back of the house, bought separately from a farmer 2004. I use the stables as storage for the equipment needed to maintain the field as well as stabling for the horses. The house and gardens are in AONB but the field is outside the zoned area as it boarders our property. I did talk to planners prior to buying the house and they did not see a problem with permission for stables, however I was quote £5000 just for a 12 x 24 + apron and drainage with soak away. Which was just too much with the stables on top. So I went for the cheap option. Not sure where I stand, but they have been up for 3 years. I do plan to get permission eventually because would love to put in an menage.
Hi does anyone know how shepherds huts are classed by planning, as they are made of wood and on wheels does the same apply as for a field shelter, as this would be when we are cutting hay etc, we don’t have animals on the land, but have abundant wildlife and we would use it as a hide, also possibly to store hay for short periods before collection, we have a very difficult council on planning rules
thank you very much for this blog, it’s giving me a bit of hope after three year planning nightmare caused by my neighbour. We actually got permission for 3 loose boxes and a barn on the edge of our garden and field but then our neighbour used a planning consultant to challenge it and it looks like we are not going to get what we want. The house is listed and we are in a conservation area and AONB. Sykes was quoted by the planners in insisting we apply for change of use over the whole field. We had previously grazed this land with sheep and cattle and we intend to carry on with this after we get horses. if we were to put in a couple of field shelters would we still require change of use? If we rode/fed the horses on the field would that change the situation? Are we allowed to store feed/garden equipment in the shelter? Many thanks for your help.
We are a group of volunteers and opening a new scheme in our community. Your site offered us with valuable information to work on. You’ve done an impressive job and our entire community will be grateful to you.
I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again
What about your other buildings – such as the garden offices. Do they need planning permission or are they also viewed as mobile?
What about the case that is reported in Wales where the chap had to take his shelters down and was fined over 1000 pounds. I also heard there was another case also in Wales. Thanks
Just had a visit from the Planning Enforcement Officer and rushed to the Internet; many thanks for this article and your comments to others – it has all been very helpful and reassuring.
Can you send me the full appeal decision documentation, please? Also, do you have any information/links/reference points that would tell us when is a mobile field shelter a mobile field shelter? We have just been visited by the planning enforcement officer who said that it had to be moved to a completely different location in the field every 3 months. I hadn’t heard that;is it true? We have only yesterday, attached our shelter to a concrete post as the shelter was moving by itself due to the high winds. Other than that, there has been no ground preparation and no fixing but it isnt on skids so, although it is temporary (our rent agreement is to return the field as it was so would be taken down anyway) we hadn’t wanted to move it. Do we have to? We have sited it to cause least visual effect; moving around the field, as it is on a slope, is much more visible.
Hi there Sue. For the full appeal documentation, please contact the Prime Stables Team and they will be happy to advise you. Either give them a call on 01403 823 836 or drop them an email at info@primestables.co.uk. With regards to your questions, in the appeal decision, it doesn’t say anything about the fact that it has to be moved and it is unlikely that the council have the man power to police this. I hope this helps. The Stable Doctor.
could this apply to kenels at all?
Hi Lyndsay
It could as long as all the rules are adhered to to make it mobile.
If you give Prime Stables a call, they will be more than happy to answer any questions you may have.
The Stable Doctor.
Would your advise change in a National Park I.e. the Yorkshire Dales?
Regards
Mike
Please advise if there is any reason not to follow your advise with respect to a National Park area I.e. the Yorkshire Dales?
Regards
Mike
Hi Mike
It is a bit of a delicate subject as National Park areas are different to normal areas so in this case, we would advise not to put any building there.
Hope this helps you.
The Stable Doctor
Could you please advise on any companies who will insure a mobile shelter? My home insurers will not cover it as it is in a field about a mile away from home and I did get a quote off SEIS but they wanted over £200 for the premium and £500 excess. I’ve tried NFU but they just take a message and never bother to ring me back.
What if we placed the field shelter on the edge of our drive adjacent to our land. I understand we could put a caravan in our drive? Not that we would!
Mike
My wife and I live in a council house in such a bad area we could never afford to buy and sell for a profit and go somewhere we would like to live.
We have thought about buying a field, around an acre, with a friendly farmer to let our three horses wander and graze. The farmer in question is a good friend and we would happily give up our horrible council house and put a large static caravan in the field to live in.
Do the same legal requirements apply??
Our caravan would have no fixed ground works and can be moved freely?
Hi,
I have found your comments very interesting.
Would I be able to put up a stable in my garden and keep the horse there?
We do have some land elsewhere with a stable, just wondered about keeping a horse in the garden, some people are saying we as its used a lawn mower and fertilizers the flowers, others are not sure.
Look forward to your responce.
Hello.
Interesting reading !
Our Council are very strict in our area.
Recommend we move the shelter stable every year, unclear of the distance when moving,can you assist me on this one !
Thanks.
Elaine