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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00015/B Applicant : Nicholas & Patricia Wait Proposal : Erection of stable to replace existing building and formation of equestrian manege Site Address : Bluebell House Braaid Farm Braaid Road Braaid Isle Of Man IM4 2AW

Case Officer : Miss S E Corlett Photo Taken : 07.02.2018 Site Visit : 07.02.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 27.02.2018 __

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The building hereby approved may be used only for the shelter and care of horses owned or managed in association with the occupation of Bluebell House as shown in the submitted plans, and for storage of feed and equipment incidental to this.

Reason: to manage the traffic generated by the proposal and to ensure that the development is appropriate for this rural location.

C 3. Prior to any demolition or alteration of the existing barn, a survey must be submitted to and approved by the Department, for bats and nesting birds, to ensure that the building is not accommodating either as damage to such is an offence under the Wildlife Act 1990. The survey must also include mitigation and a method statement for dealing with any protected species and the development must be undertaken in accordance with these details.

Reason: to accord with the Wildlife Act 1990 and Environment Policy 4.

Plans/Drawings/Information;

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This decision relates to drawings 3B, 4B and 1F all received on 5th January, 2018.

__

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAS OBJECTED TO THE APPLICATION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

THE SITE 1.1 The site is part of the curtilage of Braaid Farm which lies on the eastern side of the A26, to the north of the Braaid crossroads. The site accommodates the dwelling, now called Bluebell House which has a stone barn attached to it, separating the house from the highway, along with a garage which sits to the south west of the house and barn and a small stone barn to the north east.

1.2 The site is visible from immediately alongside on the A26 as well as from the higher perspective from the A24 to the south east from where the site is one of a number of properties with buildings as well as open agricultural land alongside. In the wider landscape the site is not particularly prominent or noticeable.

THE PROPOSAL 2.1 Proposed is the demolition of the stone barn to the north of the house and its replacement by a stable which is L shaped and partly on the footprint of the existing building. The elevation facing the road will be stone faced and unlike the existing which has a single ridge running parallel with the road, this will have a ridge running at right angles and with a smaller section running into this with a ridge running parallel with the road. The stable will accommodate two loose boxes and a hay store with an internal walkway and tack room. The elevations facing into the site will be finished in timber cladding.

2.2 Also proposed to the north east of the proposed stable, is an outdoor exercise area or manege. This will be 40m long with the length running parallel with the road, and a width of 20m. The ground will be levelled with some excavation on the inward side. A 1.4m high fence will be introduced around the manege. The surface of the manege will be finished in brown coloured chips (either rubber or timber).

2.3 The facilities are intended for the applicant's horse which is presently kept elsewhere.

PLANNING POLICY 3.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as not for a particular purpose and outwith any area of High Landscape Value and Scenic Significance. General Policy 3 sets out where exceptions may be made to the general presumption against development in such areas and despite not being one of the exceptions in General Policy 3 to the presumption against development in the countryside, as set out in Environment Policies 1 and 2, the Strategic Plan contains the following advice that is relevant to the development of stabling:

Environment Policy 19: "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

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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 (see Environment Policy 14 for interpretation of Class 1 and 2)."

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."

Environment Policy 21: "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 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; in particular, cavity-wall construction should not be used."

Environment Policy 4 makes provision for ecological protection of important species and habitats.

REPRESENTATIONS 4.1 Marown Parish Commissioners indicate that they have no concern about the stable but object to the manege on the basis that the site of it is immediately adjacent to the highway and is a poor location for it, in addition to changing the landscape. They are concerned that there is what they consider to be a profusion of maneges in the vicinity despite a presumption against equestrian developments in the countryside. They also suggest that the site lies within an area of High Landscape Value and Scenic Significance or as close to one as makes no real difference. If the application is approved they recommend a condition to require that it is for private use only (18.01.18). Following the submission of further information regarding the surface of the manege, the Commissioners confirm their objection, considering that the surface materials have no relevance to their concern about the size and location of the proposal (22.02.18).

4.2 Highway Services raise no objection, noting, "The application has a previously approved planning application (reference no. 17/00770/B) for improvements to the property including an extension and new entrance gates to both the drive and the rear yard. For the current application, the proposed stable would replace an existing building that is to be demolished enabling the applicants to keep their horse on the site rather than elsewhere as at present. The applicant has confirmed that there would be no changes to the site access arrangements or existing site parking provision as a result of the development.

There should be no highway issues provided that the proposed use of the stable and menage is for the sole use of the applicants and not for any commercial purposes. Commercial use could significantly increase the number of vehicle movements and site parking demand generated by the site which has not been assessed as part of this development.

In view of the above, Highway Services do not oppose this application subject to the following condition:

The stable and menage shall be used only for private and domestic purposes and no trade or business use shall be carried out therefrom. Reason: In the interest of highway safety and amenity." (19.01.18)

4.3 DEFA Senior Biodiversity Officer notes that the building has potential for accommodating bats and birds and prior to the demolition or alteration, a survey for bat and bird use should be undertaken as bats are protected all year long and birds and their nests, whilst nesting. Mitigation and the provision of nesting opportunities in the new building (01.02.18).

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PLANNING HISTORY 5.1 The site has been the subject of recent applications for alteration and extension of the house (92/00003/B, 16/00262/B and 17/00770/B.

ASSESSMENT 6.1 Whilst the Commissioners suggest that there is a presumption against equestrian developments in the countryside and that the site is within or as close to an area of High Landscape Value and Scenic Significance as makes no difference, the policies actually make provision for the development of equestrian activities in a way that is different to other restrictive policies in the Strategic Plan. For example, the policies dealing with agricultural development use phrases such as "Where the Department is satisfied that there is agricultural need for a new building sufficient to outweigh the general policy against development in the countryside..." and "Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways...", "buildings which are essential for the conduct of agriculture or forestry".

6.2 By contrast, the equestrian policies contain phrases such as "Development...will only be accepted" (implying that they will be accepted subject to certain provisions) and "buildings will not be permitted if...". The reference to the presumption against large scale developments is not relevant here as firstly, the development is not of a large scale and secondly, the site is not within an area of High Landscape Value and Scenic Significance. Whether it is close is not relevant: the policy clearly states that this will apply IN areas of such landscape value and that is not the case here.

6.3 It is agreed that the stable is not unacceptable: it is modest and appropriate in construction and scale to its intended purpose and will sit where there is an existing building of similar scale, finish and appearance.

6.4 The issue is with the proposed manege. This will be seen as the facility will be close to the road but it will have a limited impact as viewed from the A26 as it will be screened by existing hedges and trees. From the A24 the manege will be visible although its brown surface colour is likely to help it blend with its surroundings.

6.5 The potential for damage or harm to bats and birds can be dealt with by a suspensive condition which prevents any demolition before a survey for bats and nesting birds has been undertaken which should also include mitigation should bats or nesting birds be found to be present.

CONCLUSION 7.1 The proposal is considered to accord with EPs 1, 19, 20 and 21 and need not be contrary to EP4 subject to appropriate conditions and is supported.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision-maker must determine:

• whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

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• whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted.. Committee Meeting Date:...12.03.2018

Signed :...S CORLETT... 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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                                      18/00015/B                                     Page  6  of  7

PLANNING COMMITTEE DECISION 12.03.2018

Application No. :

18/00015/B Applicant : Nicholas & Patricia Wait Proposal : Erection of stable to replace existing building and formation of equestrian manege Site Address : Bluebell House Braaid Farm Braaid Road Braaid Isle Of Man IM4 2AW

Presenting Officer : Miss S E Corlett

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 12th March, 2018 subject to an additional condition to require planning approval for any lighting included in the proposed development to safeguard the amenities of the countryside and to protect the Island's Dark Skies and Biosphere status.

Conditions of Approval

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The building hereby approved may be used only for the shelter and care of horses owned or managed in association with the occupation of Bluebell House as shown in the submitted plans, and for storage of feed and equipment incidental to this.

Reason: to manage the traffic generated by the proposal and to ensure that the development is appropriate for this rural location.

C 3. Prior to any demolition or alteration of the existing barn, a survey must be submitted to and approved by the Department, for bats and nesting birds, to ensure that the building is not accommodating either as damage to such is an offence under the Wildlife Act 1990. The survey must also include mitigation and a method statement for dealing with any protected species and the development must be undertaken in accordance with these details.

Reason: to accord with the Wildlife Act 1990 and Environment Policy 4.

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C 4. No lighting may be installed in connection with the stables or manege without planning approval.

Reason: to protect the amenities of the countryside and the Dark Skies and Biosphere status of the Island.

Plans/Drawings/Information

This decision relates to drawings 3B, 4B and 1F all received on 5th January, 2018.