A racehorse owner has failed in his attempt to keep his horses on agricultural land at Stoke Albany, following the High Court’s backing of an enforcement notice requiring their removal.
Kettering Borough Council issued the enforcement notice, in respect of the property in Bowd Field, Desborough Road, requiring the claimant to cease using the land for the keeping of racehorses, and to remove sheds and other equipment used in association with the horses. The notice stated that the use had been unlawfully changed to “mixed use”, comprising some lawful agricultural use with the non-permitted use of keeping horses.
An inspector upheld the notice on the ground that the keeping of racehorses did not fall within the definition of agricultural use of the land, and could be distinguished from use of the land to graze racehorses or for carthorses used in agricultural work.
Sullivan J has backed the decision, ruling that the inspector’s approach to the matter was “impeccable”.
He held that the inspector had considered all the evidence, including the fact that there were four horses on the site, one of which was in foal, that evidence indicated that foaling and breeding had occurred elsewhere, and that a council member had observed a man feeding the horses with food brought in from elsewhere.
Fox v First Secretary of State Queen’s Bench Division (Sullivan J) 31 March 2003.
References: PLS News 31/3/03
