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Application No.: 16/01375/A Applicant: Carolyn Mary Stephenson Proposal: Approval in principle for redevelopment of farm yard - stables, farmhouse and equestrian building alongside farm lane for solely residential development, including improved access to holiday cottages. Proposed creation of access from former railway line footpath to field 244230. Site Address: Pennybridge Stables Main Road Kirk Michael Isle Of Man IM6 2HD Case Officer : Miss S E Corlett Photo Taken: 06.10.2016 Site Visit: 06.10.2016 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT INVOLVES THE DEVELOPMENT OF SOME LAND WHICH IS NOT DESIGNATED FOR DEVELOPMENT
1.1 The site is the holding of Pennybridge Stables/Glebe Farm which sits on the western side of the A3 TT Course to the north of Kirk Michael village. The site incorporates a number of operations - a horse livery yard involving sheds, stables and fields, an indoor horse exercise facility housed in a large building which sits to the rear of a fuel filling station which in turn fronts onto the main road, a seasonal camp site and two dwellings. - 1.2 The former railway - now long distance footpath dissects the site with field entrances into the fields to the north west in existence off the footpath. - 1.3 The equestrian-related operation has been being scaled down in recent years and the applicants have tried to diversify by introducing the camp site and applying for permission to redevelop the indoor arena. They now wish to sell the site and move elsewhere, considering that the livery business is not sufficiently profitable, particularly given the location of the site right alongside the TT Course. - 1.4 There are stables within the traditional farm yard where the two units of residential accommodation sit in the form of the farmhouse and an adjacent unit. There is also an open fronted barn and several smaller storage buildings. There are more stables across the bridge over the public footpath. The farmhouse is a traditional property which has been extended such that it has a long frontage (almost 20m) with a step back to the additional accommodation at the eastern end of the building. - 1.5 Access into the site is from the A3 alongside the garage from where there is relatively good visibility in both directions other than a slight impediment from the totem sign at the garage: 40m to the nearside carriageway to the north and double that to the farside carriageway and around 80m to the nearside and over 100m to the farside carriageway back towards the village. A further
2.1 Proposed is the principle of the redevelopment of the farmyard for the erection of new houses the houses, the indoor arena, stables and storage buildings all redeveloped for purely residential purposes whilst retaining the seasonal campsite and the use of the land for equestrian purposes, served by the stables on the coastal side of the footpath. Also proposed is a link from the footpath to the fields on the landward side by a new entrance which will enable horse-related traffic to cross between the fields and get out onto the Orrisdale Road without having to cross through the farmyard. PLANNING POLICY - 3.1 Part of the land which is proposed to be redeveloped is designated on the Kirk Michael Local Plan of 1994 as Residential. The Residential designation stretches from the village to the site, ending along the northern side of the access lane from the A3 with a belt of Woodland identifying and protecting the trees around the periphery of the Old Vicarage.
3.2 The part of the site which is not designated as Residential is the footprint of the existing indoor arena. This land is part of the much wider area of Open Space which was identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 which preceded the local plan, as of high landscape value and scenic significance. - 3.3 As much of the development is within an area designated on the local plan as residential, the general principles of development as set out in General Policy 2 are applicable as follows:
"Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.4 As part of the site is not designated for development, General Policy 3 and Environment Policies 1 and 2 are applicable as follows:
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.1 Apart from a number of applications for agricultural and equestrian developments, including the indoor arena which was approved under 96/00730/B, the site has more recently been the subject of a number of applications to introduce new uses to the complex, including the camp site 14/01001/B which approved the use of the field until September 2018, and a catering business alongside the indoor arena - 14/01459/C - which would operate on Tuesdays, Thursdays, Fridays and Saturdays between 1700 and 1930hrs. Most crucially, planning approval was granted for the principle of the replacement of the arena with two dwellings - 15/00539A. REPRESENTATIONS - 5.1 Highway Services initially requested that the application be deferred so that it could be demonstrated that the access to the proposed development was satisfactory. Following receipt of additional information and photographs indicating an access lane of adequate width Highway Services does not oppose this application subject to the following application:
Reason: In the interest of highway safety (16.01.2017).
5.2 Michael Commissioners object to the application, expressing concern at the fact that the Orrisdale Loop Road is frequently used during race periods for parking and ambulance and other emergency services and the present gate that leads onto the railway also needs to be restricted access and motorbikes and other motor vehicles are using it (12.01.17). - 5.3 Representatives of the owner of The Old Vicarage which sits alongside the site to the south, expresses concern that the application lacks detail and the access does not meet the requirements of the highway authority and is not suitable for two way traffic. They also raise issues in respect of land ownership although accept that this is not a planning matter (09.01.17). They provide further clarification of their concerns by way of an e-mail of 12.01.17, explaining that their clients seek to protect their own existing living environment and their business interests - the holiday cottages and seek the entitlement to further representation in the process. The lack of information on the number of houses and their position does not allow them to fully assess the proposal.
6.1 This is a difficult application to assess as there is little in the way of information which could demonstrate what development could ensue from what is proposed. Essentially, as the site is mostly within the area designated for development, what is proposed here is the principle of the erection of an unspecified number and type of dwellings where there is currently a large equestrian building: even though an application in principle cannot determine the demolition of a building: in this case,
6.2 The issues here are whether the site is suitable as a whole for residential use and whether the replacement of the arena with potentially more than the two dwellings already approved, all accessed through the main access and with the rest of the site accessed onto the Orrisdale Road. Permission is not being sought for this, the information provided seeks to demonstrate how the rest of the site would operate were this principle to be considered acceptable. Any application for reserved matters would have to include whatever is needed to facilitate this - ie the access onto the former railway line. - 6.3 It is perfectly understandable that those considering the application have found difficulty with assessing the impact as no details have been provided. It is also debatable whether an approval will be terribly useful to anyone coming behind with a specific proposal as what could be permitted is the reinforcement that residential development is acceptable on land which is designated as Residential on the local plan and that the details must demonstrate that there is a satisfactory environmental impact from the development which is open to a number of subjective judgements in accordance with GP2 and EPs1 and 2. - 6.4 What must be determined is whether the site is suitable in its entirety for residential development and use and if so, whether there are any constraints on how this should occur. Such constraints will come about due to concerns about highway safety and the adequacy of the access, the visual impact on the character of the area and the impact on the living conditions of those in adjacent property. There is no evidence that the site cannot be satisfactorily drained of its foul and surface water. Highway safety - 6.5 The access directly onto the A3 is currently used by those in the farmhouse and adjacent unit, the holiday cottages, the indoor arena and the various stables on the site. This has been and could be a significant number of people and the use of the access by horse boxes and large vehicles. The applicant has demonstrated by measurement that the lane is, or could be, a minimum of 4.1m for the first 6m off the A3 as is required by the highway authority for the passing of two way traffic. If the site is redeveloped for residential purposes, it is unlikely that larger vehicles, which would not allow two vehicles to pass side by side, will be using this access and as such, vehicular safety and
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owners of The Old Vicarage or representatives thereof.
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: 30.01.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
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:…06.02.2017
Signed :………E RILEY………….. 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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