It's Neigh Laughing Matter!

• Published date: 25 October 2020
• Subject Matter: Real Estate and Construction, Construction & Planning, Land Law & Agriculture
• Law Firm: Rollits LLP
• Author: Ms Libby Clarkson

Donkey Riding Held to be a Material Change of Use

In a recent planning appeal decision, the Planning Inspector held that the use of an agricultural property for commercial donkey rides would be a material change of use and would not be ancillary to the use of the property for agriculture and the keeping of donkeys.

In this case, the applicant applied for a Certificate of Lawfulness for a Proposed Use or Development for the use of the property for commercial donkey rides for 6 months of the year, on the basis that this use would be ancillary to the main use of the property for agricultural purposes, and the application was rejected by the Council. The applicant subsequently appealed.

The inspector held that whether the use of the property for donkey rides would amount to an ancillary use was a matter of fact and agree and on the facts of the case held that the use of the property (for donkey rides) would not be reasonably regarded as incidental to the keeping of donkeys on a premises. Accordingly, it was held that a material change of use would occur which amounted to development and so...