Mrsmedhurst

Haha! Ours are much the same, you wave a carrier bag and they just want to see if there is anything interesting inside. I think they will definitely enjoy the entertainment!

Yes, that’s exactly what we did, thank you! We included a covering letter stating clearly that we understood a payment was needed and that we wished to pay as soon as possible. And brilliantly they let us make the payment nice and early on, phew!

Thank you LSB. Happy to hear your horses are still happily grazing, ours are too wonderfully! Not sure what they will make of all the fuss going on in the coming months!

“Prior Approval Required and Granted”!!! Thank you all for your help and comments on this thread, which proved very helpful. Today we received the best possible outcome and are thrilled! On to the next challenge of seeing through the development, very exciting and daunting all the same!

Thank you Temp, sorry it took me a little while to look into your suggestion. I believe sadly the local plan was updated fairly recently. It’s very interesting reading although quite over my head!

Interestingly, additionally a rug and some forage may be provided in certain circumstances under DEFRAS Welfare code of practice. Much as shelter and hay or straw can be provided to grazing sheep or cattle in harsh winter months for instance. A legal duty of care to the horse for its welfare does not amount to equestrianism.

The policy was still in consultation at the time of appeal, it came into place after our original application frustratingly. I have seen another appeal where the policy was a condition rather than a reason for dismissal, must be a luck of the draw on the inspector front. Saying that we were lucky he was sensible on the horsey front! have emailed in hope of more specific guidance and clarification but nothing as yet. It seems covid has closed the phone lines...sigh! Plan so far is to go ahead as temp suggests with a note in the covering letter expressing our wish to enter into the agreement and pay the mitigating sum.

Thank you for having a browse, that’s what we thought. Mitigating sum it is, if we can just get them to take our money! yes frustratingly it came to consultation after our application was in. And I think because it is new there’s still a lot of confused people. Have been scouring resent applications, will continue in hopes someone suddenly knows what to do! In the meanwhile the plan now is to go ahead as you suggest with the note in the covering letter. Fingers crossed!

It doesn’t seem to be one of the options sadly. Here’s the link for the supplementary planning document about the scheme - https://consultations.essex.gov.uk/place-services/the-essex-coast-rams-spd/supporting_documents/Essex%20Coast%20RAMS%20SPD_January%202020.pdf It seems fairly simple until you try to find the documents needed to enter into the agreement. Unless we are missing something in the document? All we can hope is that as per the LPAs response to our query, should they be minded to approve our application they will provide the relevant documents for us to complete. And as suggested we can make it clear in our covering letter that we wish to do so.

Thank you for your reply Temp, this is very helpful. I think this is definitely and perhaps our only option it seems. Your guidance to be as specific as possible is great, thank you!

Thank you for your reply Buttercup, we have tried all methods of contacting the Council who are being clearly evasive. There seems to be the perfect cover of Covid currently for no one to answer a phone or answer an email or letter, sigh! Other local councils allow for a simple form to be filled out at the application stage to meet the stipulation so it is very frustrating. I think we will try the routes suggested here by a few of including an explicit offer to comply in the covering letter with the re application.

Thank you Mr Punter your reply gives me hope we’re close and on the right tracks! I was hoping someone would say it is possible to resubmit after an unsuccessful appeal so that’s helpful!

Thank you Simon, that is helpful, I will have a search to see if there is anyone qualified who might help. I feel as we are so close we don’t want to trip up on a last point like this!

Thank you for your reply, we have argued this point successfully as the horses are solely grazing the field meaning their purpose is not equestrian but agricultural as per Section 336 of the Town & Country Planning Act 1990 which defines the land use as agriculture when used for grazing. Of course if the horse were ridden, driven or used for breeding their purpose would amount to equestrian.

Hi All! I am completely new to planning and build so am hoping you wonderful experienced people might be able to help! I am helping my Mum with a class Q application to convert a block of stables that have been used for agricultural purposes into a dwelling and we are stuck on a technicality. So far - Our first application was declined due to a lack of evidence to prove the buildings had been used for agricultural purposes, we resubmitted the application with further evidence which the council were satisfied with on that ground however the second application was declined on the councils view that the horses grazing on site amounted to equestrian use of the wider site. We submitted an appeal explaining why the horses on site amounted to agricultural as they are merely grazing which the inspector agreed with. Our appeal however was dismissed purely based on the fact we have not paid a mitigating sum for an environmental protection scheme now being operated by our council. Our difficulty is that the opportunity to pay the sum is not given despite our clear willingness to do so in all applications and the appeal. I contacted the local council and received the following reply - "We can advise that once an active applications is submitted, if the Council is minded to approve it then the relevant planning officer would be in contact with you regarding the completion of the relevant documentation." So my question now is, can we resubmit our application with all the additional supporting information now an appeal has been dismissed? And if so how do we make it clear that we want to pay the mitigating sum? I hope this makes sense! Thanking you in advance!