29 May 2023 · Delegated - Principal Planner (Chris Balmer)
Ocean View, Baltic Road, Kirk Michael, Isle Of Man, IM6 1ef
The application sought permission to erect a stable block measuring 13.716m x 16.3m with a height of 5.496m, using tantalised lap boarding, timber doors, and fibre cement roofing, on an existing concrete base in an adjacent field.
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The officer started from the presumption against development in unzoned countryside under Spatial Policy 5 and Kirk Michael Local Plan Policy 12.4, requiring exceptions like equestrian uses to be just…
General Policy 3
General Policy 3 provides exceptions to countryside development but requires justification; the officer found no sufficient justification for the scale, deeming it unwarranted and harmful to countryside amenity, especially clause (g).
Environment Policy 1
Requires protection of countryside for its own sake unless overriding national need; proposal's stable block and manege would cause visual harm and encroachment despite limited visibility, failing the test as no overriding need demonstrated.
Environment Policy 21
Prohibits stabling buildings detrimental to countryside character in siting, design, size or finish; building too large for need (223sqm vs ~40sqm required), poor design without stable internals/ventilation, and isolated positioning failed specific purpose reflection.
Spatial Policy 5
Limits countryside development to General Policy 3 exceptions; equestrian provision exists but not met here due to lack of functional justification and landscape harm.
Environment Policy 19
Relates to equestrian development; referenced but not deeply assessed, subsumed under ENV21 and ENV1 failures.
Environment Policy 15
For agricultural buildings; mentioned but equestrian focus prevailed, with design critiqued as barn-like.
Kirk Michael Local Plan Policy 12.4
No release of open space areas for development except proposed uses; site in 'Open Space (Agriculture)' triggered presumption against.
no significant negative impact upon highway safety, network functionality and /or parking on the facility being restricted to personal use.
Highway Services Division issued no objection to the application subject to restriction to personal use; Highways Drainage raised concerns about surface water runoff onto the highway.
Key concern: surface water runoff onto public highway
Highway Services HDC
Conditional No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, highway functionality and /or parking on the facility being restricted to personal use.; there will be no statement from HDC. There are no highway matters to address other than a condition requested for the proposed facility restricted to personal use.
Conditions requested: facility being restricted to personal use
DOI Highways Drainage
Conditional No ObjectionAllowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.; Recommendation: Please be aware off and comply with the clauses above.
Conditions requested: Please be aware off and comply with the clauses above
The original application for erection of a stable block on existing concrete base, construction of equestrian manege and change of use of field adjacent to Ocean View was refused by the Director of Planning and Building Control using delegated powers on 29 May 2023 for lack of justification to override countryside protections and harm to landscape character contrary to General Policy 3(g) and Environment Policies 1 and 21. The appellant argued the site forms part of residential curtilage, provided justification for need based on animal welfare and BHS standards exceeded, demonstrated minimal visual impact via LVIA, clarified internal layout and design suitability for exposed location, and highlighted no highway or amenity objections. The inspector, following a public inquiry on 26 July 2023 and site visit, accepted the field as agricultural open countryside outside curtilage, found insufficient justification for the 223.5sqm building size beyond stabling three horses/pony despite detailed layout, noted form more akin to agricultural barn than stables, and concluded it would harm countryside character despite discreet siting. The manege was found acceptable with no harm. Appeal recommended for dismissal on 7 August 2023.
Precedent Value
Demonstrates strict need test for equestrian stables in countryside; size must be robustly evidenced vs BHS minima + essential ancillaries, form must reflect stabling not generic ag barn; manege often acceptable if screened; visibility alone insufficient to override policy.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
