Author: markadams
Last saved by: Andrew Wynne
Company: Cherwell District Council

Application Number: 17/00425/CLUE

CERTIFICATE

Town and Country Planning Act 1990: Section 191 
(as amended by Section 10 of the Planning and Compensation Act 1991)

Town and Country Planning (Development Management Procedure) (England) Order 2015

Lawful Development Certificate for an Existing use or operation or activity including those in breach of a planning condition

Cherwell District Council certify that on 23rd February 2017 the use, or operation, or activity including those in breach of a planning condition described in the First Schedule to this Certificate in respect of the Land specified in the Second Schedule to this Certificate and edged red on the plan attached to this Certificate, was lawful within the meaning of Section 191 of the Town and Country Planning Act 1990 (as amended), for the reasons stated in the Third Schedule.

Cherwell District Council

Certified a true copy
Head of Public Protection & Development Management

On behalf of:	Cherwell District Council
		Bodicote House
		Bodicote
		Banbury
		OX15 4AA

Date: 		19th April 2017

First Schedule

Certificate of Lawfulness for the Existing Use of the land and buildings for private equestrian uses (for the sole use of the applicant for keeping 8 horses only) - which shall be only used for the purposes detailed below and not rented, leased or used as livery by any other persons:

Outdoor arena and perimeter boarding (in accordance with plans referenced: RCDL902 01A and RCDL902 02).

Shed 1: Indoor riding and turnout area; 5 stables; a feed room; and a rug and tack room.

Shed 2: mechanical horsewalker; 7 stables; and storage (for hay, jumps associated equestrian equipment, a tractor and a horsebox).

Field F1: Winter Grazing (September to April). Exercising of horses in the summer. 

Fields F2a, F2b and F2c: paddocks used for grazing in the winter only.

Fields F3a, F3b and F3c: paddocks for summer grazing only.

Fields F4a and F4b: Summer grazing with occasional winter grazing

Field F5: Private exercising and riding of horses all year. Grazing in Autumn.

Field F6: Private riding and exercising of horses. Occasional hay cutting. 

Second Schedule

Adderbury Hill Barn, Milton Road, Adderbury, Banbury, OX17 3HN

Third Schedule

On the balance of probabilities, the Local Planning Authority is satisfied that the available evidence indicates that the land and buildings described in the First and Second Schedules has been used for equestrian purposes, as described in the First Schedule for more than 10 years and is therefore considered to be lawful

Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
 
Notes

1.	This Certificate is issued solely for the purpose of Section 191 of the Town and Country Planning Act 1990 (as amended).

2.	It certifies that the matters specified in the First Schedule taking place on the land in the Second Schedule were lawful on the specified date and, thus, was not liable to enforcement action under Section 172 of the 1990 Act on that date.

3.	This Certificate applies only to the extent of the matters specified in the First Schedule and to the land specified in the Second Schedule ('the Land'). Any matter which is materially different from that described or which relates to other land may render the owner or occupier to enforcement action.