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23/00584/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00584/B Applicant : Mr Lee McCarthy Proposal To erect a new stable block which consist of two stables, a hay store and change of use to equestrian use Site Address Field 334666 Ballachrink Farm Dalby Isle Of Man IM5 3BN
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 31.10.2023
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. In the event that the stable building approved is no longer used or required for the stabling of horses, the stable building and its associated hardstanding shall be removed and the ground restored to its former condition within 24 months of the date the use ceased.
Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided and its subsequent retention without that need would result in an unwarranted stable building in the countryside. The restoration time limitation takes into account the length of time it can take to find a new horse as per the applicants email dated 31/10/2023.
C 3. The building hereby approved must be used only for equestrian purposes in association with the residential dwelling Ballachrink Farm and shall not be used for any commercial use or commercial purposes.
Reason: The application has been assessed on this private use only as requested in the application for the stabling of horses and keeping of equipment and feed in association with the horses.
C 4. The building must be finished externally in accordance with the details listed under 'Formation of Stable Block' on approved elevation and roof plan drawings (dwg: 01, 02, 03, 04, 05 and 06) and retained thereafter.
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Reason: The application has been assess on this basis and in the interest of visual amenities of the area and impact of the building in the landscape.
C 5. The planting as shown in drawing 08 rev 004 (received 25/07/2023) shall be planted within the first available planting season following the first use of the building approved, and in the event any of those plants die within 5 years of planting they shall be replanted with native species and all shall be retained and maintained thereafter.
Reason: The application included additional planting and this would assist in further visual mitigation to the stable in the interest of visual amenities of the area and impact of the building in the landscape.
C 6. The change of use of land to private equestrian use relates only to the area outlined in red as shown on drawing number BCF-002-23-07 01 rev 004 Site Location Plan received 25/07/2023.
Reason: The application has been assessed on this area only for private equestrian use.
C 7. In the event that the stable building is removed in line with C2 above, the equestrian use of the land must also cease.
Reason: the equestrian use of the land is considered on an exceptional basis for the need for horse grazing and in the event that need ceases the land shall also revert to its original use and purpose.
C 8. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps, horse boxes or any other associated equestrian paraphernalia on the land edged red on drawing number BCF-002-23-07 01 rev 004 Site Location Plan received 25/07/2023
Reason: The application has been assessed on the change of use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amenity.
N 1. The applicant is to be reminded to contact Manx Utilities in relation to undertaking the works given the proximity to electrical power infrastructure.
This application has been recommended for approval for the following reason. The need for a stable and use of the land for equestrian use has been demonstrated and the siting, size, design and finish of the proposed stable and equestrian use of the land is not considered to result in any material harm to the overall character or appearance of the locality or the rural landscape, and in the absence of any identified harm to the amenity and living conditions of the The Granary and Shilley Marrey the proposal is considered to meet the tests of Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following drawing numbers and information:
All date received 31/05/2023
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all dated 25/07/2023
Emails from the applicant re: condition timing dated 31/10/2023
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
o Manx Utilities - proximity of power line
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): o The Granary, Ballachrink Farm, Dalby o Shilley Marrey, Dalby
as they both satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THE APPLICATION IS BEFORE COMMITTEE AS THE LAND IS NOT DESIGNATED FOR ANY USE AND THE PROPOSED EQUESTRIAN USE MAY BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION AND RELEVANT DEVELOPMENT PLAN POLICIES PROTECTING THE COUNTRYSIDE FOR ITS OWN SAKE.
SITE 1.1. The sloping site extends to roughly 2.5ha and relates to field number 334666. The site sits north of Dalby road and slopes steeply down towards Glen Maye glen. The field boundary along the road is defined mostly by a post and wire fence.
1.2. The fields down to the glen and wrap around to the east behind the neighbour's house and to the rear of the applicants dwelling and outbuildings.
PROPOSAL 2.1. Permission is sought for the erection of a rectangular stable building to accommodate 2 stables plus a hay store along the western side of field within a natural corner of 334666 and towards the bottom of the field. The proposal also seeks associated equestrian use of the land around the stable (outlined red on the site location plan).
2.2. The building would be clad in timber. With a monopitched sloping roof with a maximum height to roof would be 3.5m at the end of the overhang. The main body of the building would be 13.7m long and 3.75m wide. The overhang area 1.25m wide. The building is to stand on top a concrete pad measuring 14.3m x 5.6m.
2.3. The plans also show additional hedge planting alongside the stable.
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2.4. The stable is to sit 9m from the overhead power line running through this part of the site.
2.5. Supporting information provided by the applicant indicates that one of their horses has become of poor health and needs constant monitoring and taking care of. Whilst tree's offer some shelter in the summer there is no winter shelter on the land.
2.6. They indicate that the upper paddock behind their house is used to make hay which has restricted grazing and siting the stables here would also be closer to the neighbour's house. The lower field is suitable to graze but not suitable for the building due to its steepness and limited access in wetter months. They state that the "field and location selected to erect the proposed stables and hay store has the most suitable and shortest access route which is already in place. The location is the flattest area and the furthest point which we can erect the stables from view of the road to minimise the visual impact. We intend to plant native Manx trees & hedges in front of the stables to completely conceal the stables from the road." They also clarify that the site already has fresh water supply and would be nine meters from a water course which is an environmental requirement for erection of the stables.
PLANNING HISTORY 3.1. The site of the proposed stable has not been subject to any previous applications, however there have been a number of previous applications for Ballachrink Farm (applicant's house) including applications relating to two existing outbuildings alongside the house. In the late 1990's approval was granted for the conversion of the outbuildings into dwellings. There were two later applications in 2004 for works to these outbuildings:
3.2. 04/00750/B - approved for roofing works to the outbuilding closest to the main road. The application form indicated the existing and proposed use being agricultural and drawings showing internal heights.
3.3. 04/00780/B - approved for erection of replacement tractor store/shed. The existing and proposed use being agricultural and was conditioned for agricultural use only.
PLANNING POLICY 4.1. The site is within an Area of High Landscape Value and Scenic Significance on the 1982 Development Plan. The site is not within a Conservation Area nor recognised as being at any flood risk. The Soil Map Classification recognises the area as Class 3 soil.
4.2. There is a general presumption against any kind of development across the countryside and in AHLV's as outlined in established policies within the IOM Strategic Plan 2016 (Environment Policies 1 and 2, and General Policy 3), however the same plan also contains a number of paragraphs and policies that explicitly relate to, and offer support to, the development of new equestrian-related development (Paragraph 7.15.1 and Environment Policies 19, 20 and 21) as long as they do not result in the loss of any high quality agricultural land, harm highway safety or by reason of their design detriment the character, appearance and quality of the countryside. These policies also state that cavity wall construction should not be used and that there will be a presumption against large scale equestrian development including new buildings and external arena's in AHLV unless there are exceptional circumstances.
4.3. Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which
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outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.4. Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
4.5. Paragraph 7.15.1 states: "Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
4.6. Environment Policy 19 states: "Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic"
4.7. Environment Policy 20: "There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."
4.8. Environment Policy 21 states: "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to that character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used"
REPRESENTATIONS 5.1. Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.2. Patrick Parish Commissioners - no objections (21/07/2023 and 29/08/2023).
5.3. Department of Infrastructure Highway Services - No highways interest (25 and 28th July 2023).
5.4. DEFA Ecosystems - No objections (20/06/2023) - the works are outside the ASSI and not likely to impact.
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5.5. Manx Utilities - Comments 20/06/2023 - they have assets nearby and build works need to not impact on these. The applicant should contact MU prior to works.
5.6. The owners of Shilley Marrey - Objection (01/07/2023) - state that the works will spoil and impact views from their property, and they have concerns for animal waste and where this will run off too. They also outline that the applicants already have a stable block on their property which could be used instead.
5.7. The owners of The Granary, Ballachrink Farm, Dalby - objections (27/06/2023 and 15/08/2023) - there is no access to the stables except over their land and any construction traffic would impact on established trees and their property. They also state that the proposed stable would be an eyesore and that the applications recognise it has visual impact by seeking to plant hedging around it. They share concerns that the proposal will result in effluent running into glen and river, and that they applicants already have outbuildings which could be used and so the proposal stable is unnecessary.
ASSESSMENT 6.1. General Policy 3 resists development out with those areas zoned for development other than in specified exceptional circumstances.
6.2. Environment Policy 1 confirms that the countryside and its ecology will be protected for its own sake. Development that would adversely affect the countryside is not permitted unless there is an overriding national need in land use planning terms and for which there is no reasonable alternative.
6.3. Equestrian pursuits are addressed at section 7.15 of the Strategic Plan. Paragraph 7.15.1 recognises that equestrian activities are becoming increasingly popular and may have an adverse impact on the character and appearance of the countryside. Among other things, sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such impacts. Environment Policy 19 allows for the development of equestrian activities in the countryside where there would be no loss of local amenity, no loss of high-quality agricultural land and where there would be no highways issues. Environment Policy 21 resists the construction of stables in rural areas where they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose. Environment Policy 20 indicates that there will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless under exceptional circumstances.
6.4. The main issue in the assessment relate to the need address siting and existing buildings, effect of the proposed development on the prevailing character and appearance of the surrounding countryside and AHLV, and other matters will also cover construction access and impact on the glen.
6.5. Need 6.5.1. The application seeks to have equestrian use of the land outlined red on submitted plans and provide a stable with two stable stalls and a hay store. The applicant explained during a site visit and in submitted information that they have one horse that is of poor health that requires being looked after daily and they have another horse on site to help keep their horse company. It is considered that the building is sized to meet the basic needs of a horse and any companion as well as associated basic food store and any necessary equipment for keeping the horses. Equestrian use of land is not an agricultural use, thus constitutes development requiring an application. The equestrian use of the land in this instance would meet the need to provide suitable grazing area for the keeping of horse and without loss of any high quality agricultural land. Minded that this equestrian use would not prevent any
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agricultural use in the future minded that use for agricultural does not constitute development and can be undertaken without the need for a planning application in line with The Act 1999.
6.5.2. The applicant indicates that the steepness of the site limited where the stable could be located, and that the natural flattest part being the western side and furthest from the neighbours and so this site selected.
6.5.3. During a site visit the existing two outbuildings situated nearest the applicants dwelling were investigated and their internal construction having low level internal floors would not lend themselves to providing sufficient head height to accommodate their horse (or any horse or large/medium pony) and during the time of visit were filled with gardening equipment, tools, household items along with equipment for mushroom growing and cultivating.
6.5.4. Moving to the application site, this would be located in a natural levelled area and the stabling proposed would clearly contribute to good animal husbandry and help with the poor health condition of their horse as well as offering a companion shelter offering protection from bad weather as well as shaded area during summer and shelter at time of illness.
6.5.5. Having regard to the health of the appellant's animal, and that horses should be kept with at least one companion and being mindful of animal welfare requirements, and that there are no existing outbuildings readily available for suitable stabling that it is considered the need for a stable of the size sought has been acceptably demonstrated in this case.
6.5.6. The question of acceptability then turns to the impact on the character and appearance of the countryside and AHLV.
6.6. Character and Appearance 6.6.1. The appeal site lies within countryside for the purposes of planning policy. General Policy 3 resists development in the countryside other than in specified circumstances, none of which is applicable in this case. However, Environment Policy 19, 20 and 21 do explicitly allow for equestrian development in the countryside, but only where, by virtue of its siting, design, finish or size it would not be detrimental to the character and appearance of the area, and that large scale equestrian buildings and arenas are resisted in AHLV.
6.6.2. The timber building proposed is small scale and would have the appearance of a typical low level stable block as seen all over the Island. The topography of the site and area is as such that there are far ranging views down over the fields and beyond to the coast and sea, as well as across to the other side of Glen Maye valley as the land slopes back up towards Peel.
6.6.3. There would be views of the proposed stable from the road, although these would be fairly long range and given the size of the stable, its low profile, its siting below the road and read amongst the valley backdrop behind, it would not be seen as an unduly intrusive or incongruous feature in the countryside here and would not break the skyline nor be of any dominating visual impact. Planting behind the building also helps to provide backdrop and any additional planting as shown on the plans would help to soften and minimise views further still.
6.6.4. The proposal is not considered to be large scale equestrian development and is not considered to adversely harm the general countryside landscape.
6.6.5. Environment Policy 19 resists equestrian buildings where there would be a loss of local amenity. In this case however, even noting that the stable site is lower than then neighbours and the distance separation combined with intervening vegetation, would be more than sufficient to ensure that there would be no material harm in this regard. Whilst there may be some views within their outlook it is not considered to be of such scale or of harm as to impact their living conditions.
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6.6.6. The proposal is for private equestrian use and so there will be no increased commercial nature and so no harm on neighbouring living conditions in this respect. A condition will be added to clarify this private use only.
6.7. Other Matters 6.7.1. The occupiers of The Granary raise concerns in relation to impact of construction access and the need to access the site over their land. Matters of landownership and access for construction would be outside the remit of planning and to be discussed between the two parties should it be required (although it appears access could be achieved from within the applicants own land).
6.7.2. Also raised as a concern is the run off of effluent into the nearby glen. The site and surrounding fields have been in agricultural use and for grazing. The proposal would present a stable area where waste may be concentrated too, however the application has received comments from Ecosystems and they have indicated the site being outside the ASSI and not likely to impact. The proposal is also approx.110m from the river and the area of hard surfacing for the stable is considered to be small with significant permeable soft landscaping fields surrounding. There is not expected to be any increased impact beyond the agricultural or proposed equestrian use as to cause any new or increased harm.
CONCLUSION 7.1. The proposal is of small scale providing only the space necessary to house the applicant's horse and a companion, with an associated hay store. The proposal is of typical stable appearance in terms of its timber construction and proportions and its siting away and below the road and read with the valley and vegetation backdrop results in no adverse or material harm to the character and appearance of the area, and given its private use and distance and relationship with the neighbours means there would be no harm on the living conditions for occupiers of The Granary or Shilley Marrey.
7.2. A need for the stable has been demonstrated and overall there would be no material harm to the character or appearance of the area as a consequence of its siting, design, finish or size, and there would be no conflict in this regard, with Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016 which seek to protect such interests, and in the absence of any identified harm to the amenity and living conditions of the The Granary and Shilley Marrey.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
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8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...06.11.2023
Signed :...V PORTER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 06.11.2023
PA No 23/00584/B Applicant Mr Lee McCarthy Proposal To erect a new stable block which consist of two stables, a hay store and change of use to equestrian use Site Address Field 334666 Ballachrink Farm Dalby Isle Of Man IM5 3BN
Planning Officer Miss Lucy Kinrade Presenting Officer Mrs V Porter Addendum to the Officer Report
Planning Committee considered the application and recommended approval with an additional condition regarding external lighting,
C9 - There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: For the avoidance of doubt and to ensure no harm to the dark skies
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