Equine Commercial-Legal
About Equine Commercial-Legal
Sally-Ann Tinsley BSc, LLDip, PgC Ag Law, owns Equine Commercial-Legal, a planning consultancy specialising in the commercial equestrian development sector. From the office situated on the Shropshire/Cheshire border, instructions and site visits are undertaken throughout the UK.
As a lifelong owner and rider, Sally-Ann had ponies from an early age and was a member of the North Shropshire Pony Club. Having taken BHS exams, and with a particular interest in equine physiology and behaviour, she subsequently graduated from Harper Adams University College with BSc Equine Welfare with Business Management. Sally-Ann also has a Graduate Diploma in Laws and Postgraduate Certificate in Agricultural Law.
Acknowledged as an expert in the equine business sector, she is a specialist in equestrian planning. Specialising in the complex policy area of equestrian workers dwellings, also known as ‘rural enterprise dwellings’, notable successes have been achieved in cases that have previously been refused and dismissed at appeal.
Services
Expert reports
Providing expert reports and professional opinion in relation to equine welfare/management and equine business:
– The justification for development
– Functional test/essential need assessment
– The viability of an enterprise
– The impact of a proposed development on equine welfare, rider safety and equine business
– The impact of equestrian development on the local area
– Traffic movement assessments
– Interpretation of planning policy
Equine Planning
Advising and preparing applications of all types including:
– Applications, enforcements, appeals and public inquiries
– Certificates of Lawfulness, for buildings or use
– Changes of use to ‘equestrian’ or ‘mixed agricultural and equestrian’
– Strategic development appraisal
– Sites designated open countryside, Green Belt, AONB, Special Landscape Value
National Parks
Equine Business
As an expert in equine business, advising and preparing the following:
– Business plans and 3/5 year forecasts for finance applications
– Business models
– Viability statements
– Financial analysis of accounts
– Industry benchmarking data
Insights
Expert Reports
If you have already submitted a planning application for stables, arena or temporary/permanent dwelling and the planning authority have told you that there is insufficient justification, or that it does not comply with policy, then contact us to provide an expert opinion report.
We regularly supply expert reports to support clients’ applications. These can set out why facilities are necessary for the efficient management of the enterprise or equine welfare; argue your case that the proposed development fully complies with planning policy; or provide a full financial analysis of your accounts to show that the business is viable.
We are happy to take instructions from agents or their clients.
New Businesses and Temporary Dwellings
2022 was an extremely busy year with a record number of planning permissions for temporary and permanent dwellings and Certificates of Lawfulness.
We have had 100% success rate of temporary dwellings to support brand new businesses. It isn’t always necessary to wait until the business is up and running.
However, it is crucial that expert advice is taken to ensure that the business model complies with the relevant planning policy tests.
Log Cabins
We have had several clients decide that they would rather continue to live in their log cabins than submit an application for a traditional permanent dwelling, built of brick, after three years. In these cases we submit a Variation of Condition to enable the log cabin to be retained permanently. This can be a good route to take because the business won’t need to show sufficient profit after three years to fund the cost of a house build.
However, in every other respect the application the same and it is not any easier to retain a log cabin than it is to build a house.
Permanent Dwellings After Three Years
It is important to remember that planning permissions for temporary dwellings expire precisely three years from the date of the permission, regardless of when they are built and occupied.
Whilst these temporary permissions indicate that a permanent dwelling will be permitted at the site, subject to the functional and financial tests being met, it is essential that the application is properly prepared as a refusal will result in the temporary dwelling being removed.
Permanent Dwelling
If your business has been running for some time it could be possible to obtain planning permission for a permanent dwelling without first having to live in a mobile home for three years.
We have achieved this for a number of clients. In some cases, the clients came to Equine Commercial-Legal having had a previous application refused, and or dismissed at appeal.
The successful re-submission of these applications demonstrates the importance of a thorough understanding of the way in which equine businesses are run and financial analysis in the context of the relevant planning policy. Sally-Ann is acknowledged by leading planning consultancies as an expert in equine business.
If you have had a planning application for a dwelling refused on the grounds that your business is not viable we may be able to help you.
Small Sites
We have repeatedly achieved success for temporary and permanent dwellings on sites as small as three and a half acres. These have included brand new enterprises with little or no existing infrastructure.
We were able to assist clients by creating viable business models to fulfil the financial test and preparing business plans and forecasts to show that a very small enterprise can be sufficiently viable to comply with rural enterprise dwelling policy.
Previously Refused Applications
Prior to contacting us the client had decided to withdraw an application for a rural enterprise dwelling because it was going to be refused. This was due to the Council’s consultant concluding that there was no functional need to live on site and that the accounts showed that the business was not viable.
This meant that the client would have had to move oft the site as soon as the temporary planning permission tor the mobile home expired.
However, we were able to make the case for there being a need to live on site and decisively analyse the accounts to prove that the business was viable. The application represented an unusual business model that relied on a very small number of horses, but our thorough understanding of the equine industry and an innovative approach to interpreting the planning policy led to a very quick approval once resubmitted.
It is crucial that these applications are prepared by a consultant specialising in equine business to provide a decisive financial analysis and prove that the business is viable.
We have never had an application fail the financial test.