Appeal Allowed for Replacement Fencing to Provide Grazing for Horses

Our clients needed to replace existing barbed wire fencing because of injuries caused to their horses.

The welfare of the horses was a material consideration in this case and the proposed development was necessary for the interest of animal welfare and security. The proposal represented a reasonable and measured solution to the situation.

The appeal was submitted after the council decided to refuse planning permission for the erection of replacement fencing. The proposals would normally be permitted development however, an Article 4 Direction was imposed on the land in 1995 taking away, the permitted development rights for:

“The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure”.

The Local Planning Authority stated that the refusal was due to the development being inappropriate in the Green Belt. Our team was able to show that both types of fencing proposed had been carefully selected to ensure they have minimal impact on the landscape.

The inspector allowed the appeal and stated “the fences would be of a height and design that would be in keeping with the rural character of the area, and I do not consider that the extent of the fencing would be excessive or cause undue clutter”.