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                                                 16/01038/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/01038/B Applicant : Mr Mark Bibbi/Mrs Joanne Christian Proposal : Creation of stable block Site Address : Land Adjacent To Allandale Farm Ballamanagh Road Sulby Isle Of Man

Case Officer : Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY RECOMMEND REFUSAL

1.0 SITE 1.1 The application site represents a parcel of land adjacent to Allandale Farm, Ballamanagh Road, Sulby. The site is located on the northern side of Ballamanagh Road and south of the Sulby Bridge. Presently there is a single storey Tholtan building within the site which runs parallel with the Ballamanagh Road. A number of previous applications for a dwelling have been previously approved on the site, the details of which are below. The dwelling is current under construction.

2.0 PLANNING POLICIES 2.1 The application site is within the area covered by the Sulby Local Plan Order 1998. Under this, the application site is recognised as being within an area of open space (including agriculture).

2.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-

2.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and

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(h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

2.4 Environment Policy 1 states: "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 outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

2.5 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 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."

3.0 PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application:-

3.2 Erection of a detached dwelling and detached stables - 15/01134/B - APPROVED

3.3 Reserved matters application for the erection of a dwelling - 09/01719/REM -APPROVED AT APPEAL.

3.4 Reserved Matters application for the erection of a detached dwelling - 08/02096/REM - REFUSED on appeal on the following grounds:- "1. The dwelling would be sited unsatisfactorily close to the fence at the rear of the plot, resulting in a cramped appearance and inadequate amenity space. 2. The details of landscaping, including the boundary treatment, are in inadequate. 3. The layout of the access is not of appropriate domestic scale, and would add unnecessarily and undesirably to the visual impact of the development."

3.5 Reserved Matters application to erect a dwelling - 08/00326/REM - REFUSED on appeal on the following grounds:- "The details of reserved matters for which approval is sought would not be satisfactory, particularly in respect of siting, design, internal layout and landscaping."

3.6 Approval in principle for the erection of a dwelling - 07/00375/A - APPROVED

4.0 PROPOSAL 4.1 The application seeks approval for creation of stable block. The block would be single storey with a pitched roof. The building would be rectangular in shape having a width of 3.8m, a depth of 10.9m and a ridge height of 3.4. The building would be finished in timber cladding with a slate roof. The block would be sited 9.5 metres from the south-west gable end of the main dwelling house and 3 metres form the south-western boundary of the site which is shared with Allandale Farm.

5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners have recommended a refusal (on 10.10.2016). Concerns relating to the stable being used for domestic purposes and question the size of the land for the exercise and grazing of horses.

5.2 Highways Division do not oppose subject to the following condition (received on 03.10.2016): "1. The development shall be used only for personal use associated with the dwelling and not for commercial use.

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Reason: In the interest of highway safety"

6.0 ASSESSMENT 6.1 Firstly it needs to be acknowledged that a similar three stable building has been previously been approved, and this building could be constructed at any time given the application has been commenced by the construction of the dwelling. It should also be noted the building was slightly smaller in size, having a width of 4m and depth of 7m. Furthermore, this stable building was partially within the residential curtilage and partially within the area of rear paddock i.e. outside residential curtilage. The new proposal is wholly within the residential curtilage of the site.

6.2 The proposal would have little visual impact upon the area or neighbouring amenities, and its proposed use would be acceptable. A condition can be attached to require its use for private equestrian use only and for not domestic storage and/or commercial uses. Accordingly, it is considered to be an acceptable form of development. Whilst the Commissioners have raise concerns to this proposal (no issues with previous scheme), it is considered the rear aspect of the site has always been described as a paddock and it was always the intention of the applicants to use this in this manner as the applicant's daughter would/has ponies/horses. This proposal would also be located entirely within the residential curtilage of the site which is beneficial in terms of preventing development expanding into the countryside.

7.0 RECOMMENDATION 7.1 For these reasons the proposal would be appropriate in this location and therefore the application is recommended for approval.

8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Services of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.10.2016

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

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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 stables may be used only for equestrian purposes by those resident in the main house on the site and may not be used for any domestic storage or any commercial use.

Reason: In the interest of highway safety.

C 3. The field/paddock shown within the red line on the submitted drawings, to the northwest of the main dwelling house may be used only for agricultural or equestrian use or as open space and may not be used for any domestic or residential purpose.

Reason: In the interest of visual amenities of the area and to prevent the expansion of the residential curtilage into the agriculture field northwest of the fence.

This approval relates to drawing reference number 01 received on 6th September 2016.

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: 31.10.2016

Signed : C BALMER 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

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