Dog ownership in the UK has been dramatically on the rise since 2020. In 2024 approximately 36% of households now own a dog, equating to 13.5 million dogs. This is up from an average 25% of households between 2010 – 2020. Predictably, this growth in dog population has increased the demand for dog-friendly recreational spaces and training facilities. Landowners across the country have responded by setting up new fenced sites in fields and agricultural land, allowing dog owners to train and play with their canine friends in a comfortable environment.
Is planning required?
Planning permission is required where the statutory definition of "Development", as set out in Section 55 of the Town and Country Planning Act 1990 (the TCPA 1990), is met. Development falls into two categories: (1) operational development – building things; and (2) material changes of use. Provided that no operational development is proposed, the use of land for dog training could be considered a material change of use of land dependent on the facts.
Assuming that you are looking to use land formerly or currently in agricultural use, the first question that needs to be considered is the character of the use of the land and whether that use proposed or taking place is materially different to an agricultural use. Materiality is determined by "fact and degree" in each case. If the use of the land falls within the definition of Agriculture, then no development for which planning permission is required will have occurred and, therefore, no planning permission is needed. However, precedent tells us that the starting point is that a dog training use likely comprises a material change of use.
Agricultural use
"Agriculture" is defined within s336 of the TCPA 1990 to include the following: horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes. Notably, there is no specific reference to the training of dogs.
Horsiculture
The scope of an agricultural use has been explored by the courts in several cases. One of the most recited cases is Sykes v Secretary of State for Environment. The Sykes case considered the keeping of horses on land and whether this comprised an agricultural use or whether a material change of use had indeed occurred. It was held that in such circumstances the primary purpose of the land use is pertinent. If horses are simply turned out on the land with a view to feeding them from the land, clearly the land is used for grazing and, therefore, in agricultural use. In contrast, however, if horses are kept on land but being fed by other means, then they are not on the land primarily to graze, and so the land is not in agricultural use through their use of it. If the use is not agricultural, then it must be in a different use, and a material change of use will likely have occurred. A useful analogy was noted within the judgement which stated: if somebody goes to a restaurant and smokes after the meal, they do not go to the restaurant in order to smoke: they go for the meal. In terms of the keeping of horses, the courts have determined that around six different use types can be established by having horses on land.
Are dog training fields agricultural?
Utilising this primary purpose test, the training of dogs on land is not an agricultural use if the primary purpose of the use of the land is to train dogs. For example, whilst you may keep ducks, chickens or other game birds in coops on the land and use these for steadiness training of gundogs. You will likely tend to this livestock daily out of good animal husbandry. However, if the land is primarily utilised, say, for the training of gun dogs, and the livestock in situ as a steadiness training aid, then clearly the primary purpose of keeping that livestock is not agricultural, even if there are no or very limited physical changes to the land as a result of the training use.
As dog training fields and facilities have grown with popularity since the pandemic, planning policy is now catching up and we have seen several appeal cases in recent years seeking consent for dog walking paddocks and training facilities, even if that use is limited in frequency. For example. the land is used for one hour a week to walk pet dogs whilst cattle are strip grazed, then this would clearly not be a material change of use.
So what are the next steps?
If you are thinking of setting up a new facility you should consider seeking advice on submitting a full planning application. You should also consider if you will be implementing any operational development (for example – a grasscrete car parking area) that would also require planning consent. If you have already set up a facility there are two options available to regularise the position:
(1) If the use has been in place continuously for more than 10 years and is still in use, you could seek advice on the merits of applying for a certificate of lawfulness; or (2) if you cannot demonstrate 10 years continuous use, you could apply for retrospective planning consent.
Trowers & Hamlins have agricultural planning experts who are knowledgeable in this area and have recently been involved with a successful appeal case for our client in West Oxfordshire who is a renowned gun dog trainer. Our client had been using his land for more than 10 years to train gun dogs (including his own personal dogs and his clients' dogs). The local planning authority initially refused a certificate of lawfulness for the continued use of his land as a gundog training facility and a separate full planning application for a new build dwelling and kennels on site. We were successful in both appeals and now our client is able to continue with and expand his business (and livelihood) whilst also fulfilling his dream of living on site.
If you are thinking of starting a dog walking / training facility and you would like advice on seeking planning permission or you have already opened such a facility and would like to seek retrospective consent, please do get in touch with Jasmin Andrews or Jacqueline Backhaus to see how we can assist you.
