| Application No. : | 13/00701/LAW | | :-- | :-- | | Applicant : | Mr Mathew Baxter Ingham & Mrs Lynda Baxter Ingham | | Proposal : | Certificate of Lawful Use for the running of a Livery Stable Yard | | | business | | Site Address : | Ballaclucas Farm | | | Top Road | | | Crosby | | | Isle Of Man | | | IM4 4HN |

Case Officer : Miss Laura Davy Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

1.0 THE SITE

1.1 The application site is the curtilage of the stable yard at Ballaclucas Farm, Crosby Top Road, Mount Rule, Marown. The site is situated to the northern side of the Crosby Top Road and is accessed via an existing farm track. The dwelling at Ballaclucas is set back from the road by approximately 13 m , there is a large garden to the rear and beyond that there is an outdoor manege and stables.

2.0 THE PROPOSAL

2.1 The application seeks approval for a Certificate of Lawful Use for the running of a Livery Stable Yard business which relates only to the access, yard and stables, it does not include the manege.

3.0 PLANNING HISTORY

3.1 The following previous applications are considered to be specifically material in the assessment of the current application:

PA 95/01354/B Erection of horse stables, including tack room and hay store - refused PA 95/01611/B Erection of horse stables, tack room and hay store - permitted PA 96/01336/B Erection of additional horse stables to the rear of existing stables - permitted PA 08/01437/R Erection of extension to stables/implement store and creation of manege permitted 3.2 Whilst the 2008 application was permitted it is relevant to consider the conditions which were attached to the approval which were as follows: C1. This approval relates to the creation of a manege arena and the erection of an implement store as shown on the plans and information WL/08/1091/2 and WL/08/1091/3 submitted and date stamped 23rd July 2008 and WL/08/1091/1A submitted and date stamped 24th October 2008.

C2. The approved equestrian arena may not be used for any commercial purposes and must be used for any commercial purposes and must remain incidental to the use and enjoyment of the property Ballaclucas Farm as indentified on the submitted plan WL/08/1091/2.

C3. The approved lighting may not be used between 9pm and 8am. All lighting must be shrouded so as to direct light only onto the proposal site to protect the amenity of the surrounding area.

4.0 REPRESENTATIONS/CONSULTATIONS

4.1 The owner/occupier of Ballaclucas Cottage objects to the application. In summary they have concerns with the increase in traffic using the lane as there is poor/no visibility. They go on to note that a livery stable business is not appropriate in such close proximity to residential dwellings. They also include a copy of a letter submitted for the previous application which they objected to which raised a number of concerns including that the owners no longer reside at the dwelling and that other people are using the ménage and existing stables which increases traffic. They go on to note that the proposed development would therefore appear to be for commercial purposes which is evident from the amount of traffic using the entrance. There other concerns are with regard to separate sites which have been passed to the Enforcement Officer for investigation. Since further information has been submitted they have made further comment, in summary they note that the applicant has been running an unlicensed business from the property, that the applicant does not live at Ballaclucas, that the plans are incorrect as they do not show the neighbouring properties.

4.2 Marown Commissioners have no objections.

5.0 ASSESSMENT FOR CERTIFICATE

5.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of probability the development has been in excess of 10 years. Under Schedule Part 1, Paragraph 3 (c) of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.

6.0 EVIDENCE

6.1 The applicant has submitted a significant and varied amount of evidence including invoices to clients dating back to 1998, letters from past and present clients, and a letter from the applicant's veterinary practice, an email from the Income Tax Division, rate demands and affidavits.

7.0 ASSESSMENT

7.1 The key issues to be assessed in the determination of this application are whether the information submitted is sufficient to demonstrate that the running of a livery yard business has been carried out for such a period of time that it has become lawful. 7.2 A condition was attached to the 2008 approval which restricted the use of the arena. The condition meant that the use of the arena had to remain incidental to Ballaclucas Farm. Because the condition was attached it meant that this could not be included within the Certificate of Lawful Use as they would have had to be in breach of the condition for a continual period of 10 years from the date of the decision notice in 2008. They have been in breach of this condition for only 5 years and therefore a Certificate of Lawful Use for the manege would not be granted. 7.3 As part of the evidence a letter has been submitted from Milan Veterinary Practice advising that they have attended the stable yard at Ballaclucas Farm since 1998 in their

professional capacity and confirm that the yard has been a livery stable for horses and ponies since that time and continues to be at present. 7.4 There are copies of invoices dating from 1998 through to 2013; the invoices demonstrate that there have been a number of clients stabling their horses at Ballaclucas from 1998 through to present day. The clients have changed over the years and there have been different options of livery including holiday livery, retirement livery and diy livery. 7.5 There are also a number of letters from present and previous clients confirming that they have been clients at Ballaclucas Farm. 7.6 The Rate Demands and a letter from the Isle of Man Water and Sewerage Authority have been submitted as part of the application. Whilst this shows that rates and water rates have been paid it does not distinguish between Ballaclucas Farm bungalow and the stables, so therefore does not separate the use of the farmhouse and the use of the stables. 7.7 An email from the Income Tax Division has also been submitted which the author indicates that the stables to the rear of Ballaclucas has been used as a livery business and has been declared for tax purposes since 1997/1998. 7.8 Affidavits have been submitted by the applicants, they confirm that the business has been run as a livery stable business since December 1997. They also confirm that self employed instructors come to the yard to teach the clients which are based at the yard and also clients which come from other livery yards. 7.9 On the balance of reasonableness it is considered that the stables at Ballaclucas Farm have been used as a livery stables business for a period in excess of 10 years and therefore has a lawful use as a livery stables business. 7.10 It is recommended that the Certificate of Lawful Use be issued.

Recommendation

Recommended Decision: Certificate of Lawful Use Approved

Date of 08.10.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The submitted application referenace PA 13/00701, contains evidence sufficient to demonstrate that the stables and yard to the rear of the bungalow at Ballaclucas Farm (as defined by the

red line on drawing P10-100 Rev B date stamped 21st August 2013) has been used as a livery stable yard business for a period in excess of 10 years.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Certificate of Lawful Use Approved Date : 10/10/13

Determining officer (delete as appropriate)

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PA13/00701/LAW Mr Mathew Baxter Ingham & Mrs Lynda Baxter Ingham Certificate of Lawful Use for the running of a Livery Stable Yard business, Ballaclucas Farm Top Road Crosby Isle Of Man IM4 4HN Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 19.06.2013, includes;

Dev Control Polygons: Reference Number: 96/01336/B Status: Permitted Proposal: Erection of additional horse stables to the rear of existing stables, Ballaclucas Farm, Mount Rule, Marown.

Reference Number: 13/00083/B Status: Application Withdrawn Proposal: Extension to existing stables (part retrospective) Reference Number: 07/01845/B Status: Permitted Proposal: Erection of a sun lounge extension Reference Number: 94/00550/B Status: Permitted Proposal: Extension to create additional living accommodation, Ballaclucas Farm, Upper Ballaclucas, Marown. Reference Number: 92/01393/B Status: Permitted Proposal: Alterations and extension, Ballaclucas, Top Road, Mount Rule, Marown.

Reference Number: 08/01437/R Status: Permitted Proposal: Erection of extension to stables / implement store and creation of manège

Reference Number: 98/01558/B Status: Permitted Proposal: Alterations and extensions to dwelling, Ballaclucas Farm, Mount Rule, Braddan.

Reference Number: 95/01611/B Status: Permitted Proposal: Erection of horse stables, tack room, and hay store in field behind, Ballaclucas Farm, Mount Rule, Marown.

Reference Number: 95/01354/B Status: Refused Proposal: Erection of horse stables including tack room & hay store, field behind Ballaclucas Farm, Mount Rule, Marown.

BC Case Polygon: Reference Number: 93/02294/DEX BC Case Status: Building Work Started Proposal: Kitchen Extension