Animal lovers should be aware that planning laws can put a block on their activities. The warning comes from Shaun Underhill, a Partner at Shentons in Winchester, after a woman who was ordered to remove a stable and her children’s three pet ponies – from her relatively modest garden – failed in a High Court bid to overturn the decision.
The woman argued that the ponies were pets, beloved by her children, and that they were not much bigger than sheep or goats. She also submitted that the height of the stable block had been over-estimated by three inches and that it fell within the ambit of permitted development rights.
However, in rejecting her appeal as unarguable, the Court noted that, even if the stable had been incorrectly measured, the inspector had made a finding that a change of use had occurred which was fatal to her case. There was no discernible error of law in the inspector’s decision and her claim was “bound to fail”.
The woman, who was ordered to contribute £750 towards the legal costs run up by the Secretary of State for Communities and Local Government in defending the claim, commented at the end of the hearing: “I am going to have to shoot one of my ponies now, thank you”
In his decision, the inspector had noted that the woman’s rear garden was visible from the upstairs windows of adjoining homes and that the visual impact was ‘significant’; He added: “Notwithstanding the rural setting, the keeping of horses in a relatively modest garden area could give rise to smells and attract flies, largely because of the inevitable manure.”