"20. The main issues are (1) whether in respect of each notice, the development amounts to inappropriate development in the Green Belt ... 21. Notice A relates to the change of use of part of the land at Bedborough Farm to use for paintball activities. Notices B and E relate to operational development comprising the erection of structures, barriers and obstacles made from a variety of materials, used in order to facilitate the paintball activities. 22. The paintballing activities are a form of outdoor recreation, and in principle outdoor recreation need not be inappropriate in the Green Belt provided it maintains openness (there is then a footnote which states "
"50. The livery use notice includes both open land and a former agricultural barn, as well as a number of animal pens or stables forming part of the original farm yard. Applying the advice in paragraph 3.12 of PPG 2, the use of the land for keeping horses would not by itself necessarily harm openness or conflict with the purposes of including land in the Green Belt. 51. However, in addition to the keeping of horses, it is clear from the evidence that most of those who visit the site to care for the horses travel by motor vehicle, and in addition lorries and trailers are also kept on the land from time to time. The plan accompanying a planning application in 2008 for the retention of the livery and manège showed parking for four cars and four horse lorries or trailers (although there is room on the site for parking of a larger number of vehicles), and photographs taken in January 2010 show three large horse lorries and one trailer parked on land adjoining the former agricultural barn. 52. In my opinion, the level of parking shown in the 2008 application would materially reduce openness. There would in any event be no practical means of control of the number of vehicles, including large horse lorries, that would be parked on the land in connection with the livery use. The appellants seek planning permission under the deemed planning application for the keeping of up to 30 horses on the land, and the parking to which this is likely to give rise would materially reduce openness, even though the visual impact of this parking might be limited because it would be located close to the CLU land where there is already open storage. 53. Furthermore, it is clear from the evidence that, from time to time, horse shelters have been placed on the land in connection with the livery use (although most have now been removed), and these have also reduced openness. Any shelters constituting operational development would require planning permission. But any mobile shelters not constituting operational development would not be subject to such control. As there are not enough stables on the site to provide shelter for all of the horses that might be brought on the land, some other forms of shelter would be likely to be necessary which would also materially impact on openness. 54. My conclusion is that the livery use of the land, because of the parking which it has generated, as well as the likelihood that horse shelters would be needed, has not maintained openness and therefore is inappropriate development in the Green Belt."
"essential facilities for outdoor sport and outdoor recreation, for cemeteries, and for other uses of land which preserve the openness of the Green Belt and which do not conflict with the purposes of including land in it (see paragraph 3.5 below);"
"genuinely required for uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it. Possible examples of such facilities include small changing rooms or unobtrusive spectator accommodation for outdoor sport, or small stables for outdoor sport and outdoor recreation."
"1.68 In my judgment, Mr Village's first core submission is not well founded. The requirement under para 3.5 of PPG2 is to demonstrate that this new building is an "essential facility for the use of the land as an Equestrian Centre which preserves the openness of the green belt etc"
"28. The site is located in the countryside, and it is well outside any settlement. The paintball activity by itself would not harm the rural character of the countryside, provided no inappropriate barriers or obstacles whether fixed or temporary were involved. However, the structures against which Notices B and E are directed and which have now been removed were scattered about the site and had an appearance akin to haphazard storage. They were at odds with the rural character of the area, and harmed the visual amenities of the countryside, in conflict with policy CSIDE1. The paintball activity would also be likely to lead to the use of obstacles, whether temporary or not, which would also harm the rural character and visual amenities of the area because of their appearance of haphazard storage, also conflicting with policy CSIDE1. 29. The structures proposed to be retained and for which planning permission is sought are constructed of stakes and untrimmed logs, appearing similar to woodpiles, albeit draped with camouflage netting. They did not appear to be visible from public viewpoints. They do not stand out as particularly obtrusive features, do not significantly undermine either the rural character or the visual amenity of the area, and do not conflict with policy CSIDE1. 30. The caravan, picnic tables and car parking are all sited close to a large storage building and only have a minimal effect on rural character because of their location close to this building. Their visual impact is also limited because they are effectively sited between the building and a hedge, and although cars parked in this area would not be completely hidden from views from public rights of way, as I saw on my unaccompanied visit, their effect on rural character and visual amenities is limited. As small scale developments ancillary to outdoor recreational use which are reasonably unobtrusively located, they do not conflict with policy CSIDE1."
"A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which— (a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and (b) is not directly connected with or necessary to the management of that site, must make an appropriate assessment of the implications for that site in view of that site's conservation objectives."
"In considering whether a plan or project will adversely affect the integrity of the site, the authority must have regard to the manner in which it is proposed to be carried out or to any conditions or restrictions subject to which they propose that the consent, permission or other authorisation should be given."
"72. The appellants also propose a condition requiring them to ensure that the livery and horse grazing does not result in an increase in horse traffic on Whitesheet Plantation or Holt Heath and also requiring them to impose agreements to that effect on any person using the stabling or grazing facilities. My concern about this is the practicability and enforceability, particularly in the long term, of such a restriction: the condition suggested by the appellants would require them to enforce such a restriction, without providing a mechanism for the Council to enforce it other than against the appellants. 73. I do not doubt the intentions of the appellants in this regard, but I am not satisfied that, even with the mechanisms proposed such as the wearing of bibs identifying the site (although they are not referred to in the proposed condition), such a condition would provide the necessary degree of certainty in the future that riders from the site would not go onto the protected areas. It would be entirely dependent on the appellants (or subsequent owners of the site) enforcing these restrictions, and effective monitoring of compliance would be very difficult if not impossible, particularly bearing in mind that horse riding is a leisure activity which would often take place outside normal working hours. I cannot be satisfied in these circumstances that such a condition would provide the necessary degree of confidence."
"78. I have considered whether, notwithstanding the numbers of horses for which approval is sought by the appellants, it would be appropriate to grant planning permission for livery limited to 12 stabled horses only, having regard to Mr Kite's evidence that such a limit, together with the presence of the manège, would provide reasonable confidence that the numbers of horses from the site riding onto the heath would be very low. However, the difficulty as I envisage it would be to ensure that the manège would remain available for use by all horses on the site for as long as the livery continued. No condition to this effect was put before me, and in any event I am not satisfied that this is something that could be achieved in an enforceable way by condition. Without the availability of the manège for all the horses kept on site being guaranteed in the long-term, I cannot have that reasonable confidence. I also have to bear in mind the test set down in Waddenzee, which requires me to be certain that the development will not adversely affect the integrity of the heaths."