Within areas zoned for agricultural use, all construction is, in principle, prohibited, unless it is necessary for an agricultural activity.
Whilst the rural code expressly lists certain equine activities as agricultural in nature, the planning code does not automatically follow suite.
As a result, there is substantial case law over planned equine construction proposals.
Although the Supreme Administrative Court, the Conseil d’État, has recognised horse breeding and stallion services as agricultural activities, the reality of an agricultural activity is characterised by “the effective exercise of an agricultural activity of sufficient substance.”
In considering an application, the authorities will therefore have regard to whether the activity is carried out on a professional basis (registered business), although that does not necessarily mean it must be the principal activity, due to the limited profitability of such an activity.
If the activity being carried out is mainly recreational in nature, it cannot, under planning law, be deemed an agricultural activity. Thus, the courts have held that in the absence of a principal breeding activity, a riding school does not constitute an agricultural holding.
Even if an agricultural activity is established, that does not grant an automatic right to construction. Tom Easman, who runs a leading architectural/planning business in France comments that “It must be demonstrated that the proposed construction or installation is necessary for the agricultural holding.”
Thus, in a famous case a planning application for horse boxes, pony club shelters, an office-tack room, and client showers was rejected where these facilities were not directly necessary for the breeding activity, which was itself marginal.
The construction of a dwelling on agricultural land is subject to the same criterion of necessity. Planning permission will be refused unless the operation of the holding requires the close and permanent presence of the farmer.
Given the need for constant monitoring and care, equine activities are particularly well suited to meeting this requirement. Accordingly, courts have ruled that the construction of a dwelling on the same plot as a horse breeding operation satisfies the need for a continuous presence to monitor the animals’ health.
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