The farm extended to 11ha and included a stable block, manège and horse exerciser and functioned mainly as a stud farm breeding thoroughbred horses with an average of three to four mares present at any one time, producing an average of three foals per year.
The council argued that the equestrian business was not large enough to require constant supervision for most of the year. In contrast, the appellants, supported by a British Horse Society expert, stated that the health and value of the horses stabled and bred on the land was paramount.
The inspector noted that the council had allowed a mobile home in 2000 and in so doing it could not now argue that there was no functional need. Although renewals of this temporary dwelling had subsequently been refused in 2002 and 2003 this did not explain the 2000 approval, which could only have been based on a functional need. In his opinion, a functional need had been established and there was no impediment to granting permission for a permanent dwelling.
Inspector Mike Fox; Hearing
