181905 — 18/01020/B | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01020/B Applicant : Mr Andrew Brian Byers Proposal : Erection of building for use as stables/store on site of previously approved stables Site Address : Cabbyl Ushtey Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle of Man IM7 1EP

Planning Officer: Mr Owen Gore Photo Taken : 22.01.2019 Site Visit : 22.01.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 14.02.2019 __

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 stables and the external arena shall be for private equestrian use only and shall not be used at any time for any commercial or private livery use.

Reason: In view of the location of the site within an Area of High Landscape or Coastal Value and Scenic Significance the Department does not consider the site suitable for anything other than private use in accordance with Environment Policy 19 and Environment Policy 20 of the Isle of Man Strategic Plan 2016.

C 3. No external lighting shall be erected or installed on the site or buildings associated with the stables and the external arena, hereby approved.

Reason: In the interests of the character and appearance of the site and surrounding area in accordance with Environment Policy 19, Environment Policy 20 and Environmental Policy 21 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information:

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This planning permission relates to the following plans and documents: -

Drawing No.21./A - Site Plan as Existing Drawing No.22./A - Block Plan Drawing No.P6140-01 - Plan and Elevations Stable Block Internal Layout Existing Photographs Date-stamped as having been received 27 September 2018

Drawing No.23. - Location Plan Date-stamped as having been received 28 January 2019.

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION ON VALID PLANNING GROUNDS

0.0 The application was taken to the Committee on Monday 04 March 2019 with a recommendation for approval; however the Committee were concerned about the increase in size from the previously approved planning permission and the current proposal. They have requested that additional details be provided to confirm why there is an increase in size and a justification on that basis and confirm why a disabled toilet has been included.

0.1 The applicant has provided an illustration of the two floor plans stating that 'Whilst the internal area of the new proposal is larger, the overall footprint, inclusive of the previous "yard" area, is not. In fact it is marginally smaller. Both designs consist of: A) "housing" areas for stabling, storage of feed, equipment, etc.; and B) "working" areas for washing, grooming, tacking-up, etc.. The primary purpose of the new design was to have the working areas (B) enclosed as we have found that the site can be quite exposed to the elements. You will note that there is no increase in the number of stables proposed'.

0.2 The footprint of the approved building is stated as 185.57m2 and the footprint of the proposed building is 344.9m2; whilst appears to be a significant increase, is immaterial as the Environmental Policies 19-21 only refer to the loss of amenity or impact the character and appearance of the countryside, which are discussed in the assessment section of the below report.

0.3 In terms of the disabled toilet, the applicant has confirmed that it is likely that users can expect to spend a considerable amount of time using the facility, tending to the animals, and going to and from the adjacent manège in outdoor/riding attire. Therefore makes sense to incorporate a toilet and hand wash facility. It is noted that this was accepted in the previous planning permission. They have also stated: -

'As stated in the original application, and the current one, no commercial use is planned or intended'.

THE SITE

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1.1 The application site is Ballagilley Farm, off of Rhowin Road/Gooseneck Road, which is situated to the north of Hibernia (A2). The site is located to the north west of a group of buildings associated with the farm site.

THE PROPOSAL 2.1 The proposal is for an amendment to the previous planning permission ref: - 13/91106/B, to amend the design of the stable block from the approved L-shaped stable block, which was constructed from rendered concrete and the roof slate-tiled, with the doors to be timber, into an agricultural style building finished in Yorkshire boarding, concrete panels and metal sheeting and a fibre cement roof.

2.2 The new building occupies roughly the same footprint when including hardstanding yard area and includes 6 stables, a tack room, a tool shed, a disabled toilet, a feed store and a store for bedding and hay. The footprint will be 23.64m by 14.59m and the elevations of the building will be 3.6m to the eaves and 5.5m to the ridge.

2.3 The previous external exercise area/arena and amended access were part of the previous application and the permission has been otherwise been implemented, as the access had been constructed at the time of visiting the site.

PLANNING POLICY 3.1 The site is designated as countryside by the Isle of Man Development Scheme (Development Plan) Order 1982, and also as being within an Area of High Landscape or Coastal Value and Scenic Significance.

3.2 Given this designation and the development proposed, several policies of the Isle of Man Strategic Plan (2007) are considered relevant.

3.3 General Policy 2 states (in part): '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:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space, and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways.'

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

3.5 Environment Policy 20 states: 'There will be a presumption against large scale equestrian development, 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'.

3.6 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

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buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used'.

3.7 Paragraph 7.15.1 of the Strategic Plan, which precedes and provides the supporting text to the above three policies, reads: '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'.

PLANNING HISTORY 4.1 The application site has been the subject of a number of planning applications, the most relevant of which is planning permission ref: - 13/91106/B for the Re-location of vehicular access into site, erection of new stable block and horse riding manège that was approved on the 20 November 2013.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division states that they wish the application to be deferred, in the letter dated 05 November 2018. The comments continue: -

'The vehicle access would not be adopted by the highway authority as stated on drawing no.22/A. The proposals would not change the site access or parking arrangements previously considered under the 13/91106/B approval. However, the use of the field access and temporary construction access as a permanent vehicular access cannot be approved as part of the current application as the highway visibility standards have not been drawn correctly and are inadequate as they do not comply with visibility standards. The 'x' distance must be 2.4m as 2m is unsafe in this location. The visibility splays need to be in accordance with the speed limit which is unknown, or a speed survey undertaken to identify the 85th percentile speed adjacent to the site access if there is no speed limit to determine the appropriate visibility standard (the site location cannot be identified from the plan). The visibility splays must be drawn to the carriageway edge/kerbline in both directions with nothing above 1m in height within the visibility splay areas'.

5.2 Garff Commissioners have commented on this application and have objected, in the letter dated 10 October 2018. Their comments continue: -

'Members feel that the original approval was contrary to Environmental Policies 19-21 of the Isle of Man Strategic Plan and feel that the proposals in 18/01020/B should be considered against the same policy.

This proposal is for a significant increase in the size of the structure of the stables and Members feel that the Planning Officer and Committee should take careful and considered note of Environmental Policy 20 which directly presumes against large scale equestrian

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developments in area of high landscape value (as this is designated in the 'Landscape Character Assessment Document'), as well as Environmental Policy 21 which seeks to protect the character of such areas from built development that is inappropriate in terms of several factors including size.

The commissioners feel that this is an extremely sensitive location and request that permission is not granted for the development to be extended'.

ASSESSMENT 6.1 The principle for the equestrian use on this agricultural site was accepted under Planning permission 13/91106/B. In their assessment the then officer stated: -

'The applicant has confirmed that the stables and manege are for private use, which should be relatively low-key and appropriate to this location. Although the size of the works proposed is perhaps slightly larger than would normally be the case for purely domestic use, it is accepted that the proposal does not represent a 'large scale' operation; from the point of view of Environment Policy 20, 'large-scale' would normally be considered to comprise an operation with some commercial element and it is not considered that four horse and two pony stables would readily lend the site to a commercial use, whether now or in the future'.

6.2 The officer concluded that therefore the principle considered is acceptable and the assessment of the current application hasn't altered this view.

6.3 In terms of the stable block the previous officer stated: -

'The stable is proposed to be set back from the highway, behind a new access that would also be screened by new planting, with the manège proposed to be located yet further back from the highway. The nature of the site and surrounding land is such as to make this an appropriate location as the natural screening afforded by the established hedgerows and sloping landscape, along with limited public views into the site, serve to reduce its visual impact on the countryside. Moreover, the design of the stables (and associated works) is considered to successfully manage the careful balance required between providing a good quality of design while also reflecting the specific purpose of the building by giving the impression of its being specifically for equestrian uses. Its location close to existing buildings is also considered appropriate'.

6.4 The approved stables comprised of four horse stables, two pony stables and various associated stores, and included a disabled toilet; all of the subdivided areas opened out onto the external yard area. The proposal re-orientates the space and occupies the same footprint, including the yard, going from an 'L' shape to a rectangle; the 'accommodation' remains largely the same.

6.5 In terms of the increase in the size, the yard was located on the inside of the 'L' shape and two of the elevations will remain the same size; therefore from a distance, the site would ultimately be perceived as a rectangle regardless. The new materials mimic that of an agricultural building rather than a rendered outbuilding and the location will remain the same, close to the remaining farm buildings. Therefore, on balance, the increase in size would not have a significantly greater overall impact to the character of the countryside or the Area of High Landscape or Coastal Value and Scenic Significance, above that of the previous approval.

6.6 The highways officer has raised concern regarding the access in terms of visibility. The officer noted that the proposals would not change the site access or parking arrangements as previously considered under the 13/91106/B approval; however they continue by stating that 'the use of the field access and temporary construction access as a permanent vehicular access cannot be approved as part of the current application as the highway visibility standards have not been drawn correctly and are inadequate as they do not comply with visibility standards'.

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6.7 There has been some confusion regarding the works being proposed as part of this application as at the time of visiting the site the alterations to the access, the blocking up of the previous access and the new track leading to the site and to 'Cabbyl Ushtey' had been constructed as per the approved plans, although without the fencing or the planting scheme. Therefore the track and the access are existing and in accordance with the previous approved planning permission.

6.8 Within the report for the previous planning permission the officer noted under 'Other Matters' that no lighting is proposed as part of this planning application and condition was attached for the avoidance of doubt stating that no lighting of any kind shall be erected or installed without prior planning approval. This is considered to relevant and has been replicated for this application.

CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with General Policy 3.

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: 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 in Article 6(4) who should 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: 01.04.2019

Signed : O Gore Presenting Officer

Further to the decision of the Committee an additional report and condition was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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PLANNING COMMITTEE DECISION 01.04.2019

Application No. :

18/01020/B Applicant : Mr Andrew Brian Byers Proposal : Erection of building for use as stables/store on site of previously approved stables Site Address : Cabbyl Ushtey Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle of Man IM7 1EP

Planning Officer : Mr Owen Gore Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee considered the application at the meeting on 01/04/2019. The Committee accepted the officer's recommendation, but requested that an additional condition be included, in line with the comments made by the highways officer at the meeting.

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 stables and the external arena shall be for private equestrian use only and shall not be used at any time for any commercial or private livery use.

C 3. No external lighting shall be erected or installed on the site or buildings associated with the stables and the external arena, hereby approved.

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C 4. Prior to the occupation of the stable building, hereby approved, the access shall be constructed in accordance with the access approved under planning permission ref: - 13/91106/B. The visibility splays identified on Drawing No.22/A - 'Block Plan', date-stamped as having been received 27 September 2018, shall be kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.

Reason: In the interests of highway safety.

Plans/Drawings/Information

This planning permission relates to the following plans and documents: -

Drawing No.23. - Location Plan Date-stamped as having been received 28 January 2019.

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.