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Application No.: 19/00660/B Applicant: Grenaby Estates Limited Proposal: Use of three mobile shelters for agricultural purposes (retrospective) Site Address: Field 434773 Grenaby Mooar Grenaby Road Ballasalla Isle Of Man Principal Planner: Miss S E Corlett Photo Taken: 20.09.2017 Site Visit: 20.09.2017 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 16.08.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. It is not considered that there is sufficient agricultural or equestrian need for the shelters to outweigh the presumption against development here or to over-ride the harm to the character and appearance of the countryside and the development is therefore considered to be contrary to Environment Policies 1, 2, 19 and 21 of the Strategic Plan.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Euromanx House, Ballasalla (owners of Silverburn Farm) Garey Rhennie 7, Balthane Square, Ballasalla and Balladuggan
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; their property is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is part of an agricultural and equestrian holding with tourist and residential accommodation situated on both sides of the Grenaby Road (B41). The buildings serving the holding are situated on the western side of the road and comprise a range of stone and more modern agricultural buildings and stables, buildings which have been converted to tourist accommodation and a large house. There are two driveway accesses into this site, one serving the tourist accommodation and stables and the other serving the house. There are various areas for car parking around the site. The site also currently hosts a polo club and liveries. - 1.2 The land around the site is, on the western side of the road, fairly flat and used for grazing. On the eastern side of the road the land is less managed, with grazing fields closest to the road then the land slopes downward towards the Silver Burn with a stone lane which leads down to the lower plateau. Three timber shelters have been erected within this area. The purpose for them was originally to provide shelter for sheep and animals which graze there and also was to provide shelter for people who were using the area for clay pigeon shooting which was the subject of a recent application (see planning history). Horses graze in the fields above the site. - 1.3 A public footpath runs through the site. THE PROPOSAL
2.1 Retrospective permission is sought for the erection of three wooden shelters for use as animal shelters. - 2.2 The buildings are basic timber open fronted shelters which are 2.9m high to the apex of the monopitched roof and 2.4m to the eaves and 3.7m by 3.1m in area. - 2.3 The applicant has explained that the estate has over 20 horses and ponies which are looked after all year round. Some of their animals are elderly and will be retiring to the fields which have no stabling or shelter. They consider it vital that they have durable livestock protection and storage solutions for their growing numbers of sheep and horses. They advise that the shelters are used for sheep and horse use and provide photographs of them being used as such. They describe the site as being in a secluded area and not visible from public highways. The shelters provide shelter from rough weather conitions and strong sunlight and flies in the summer and are also ideal for confinement following injury or illness in the field where they are kept without separating them from their herd. The shelters can also be used for storage of hay and feed and they note that the field is the furthest away from the main barn areas on the farm. They confirm that the shelters are not fixed to the ground which facilitates their relocation to other parts of the field if required using just a 4 by 4 vehicle or tractor. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South (2013) as not identified for any particular purpose and also the field is marked as a draft area of ecological importance. - 3.2 As the site is not designated for development, there is a presumption against development as set out in Environment Policies 1 and 2 (as the site lies within an area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order
1982) and General Policy 3. There is provision for development which responds to agricultural need as set out in GP3f and Environment Policy 15.
3.3 The site is within an area designated on the draft Landscape Character Appraisal as Incised Slopes and describes the area variously, but particularly "There is a settled but semi-rural character. There is a relatively strong sense of tranquillity that pervades much of the area. Wooded horizons are common in most places, creating an intimate contained and continuous character. The steep sided Glens break what would otherwise be a relatively monotonous
"The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of this farmed landscape with various field patterns defined by different hedges, a scattered settlement pattern of traditional hamlets, farmsteads and nucleated settlements fringed by trees, a varied road network enclosed by grassed Manx hedges and roadside vegetation, and numerous wooded valleys and glens. In addition to the conservation of archaeological sites, measures should also be adopted to conserve and enhance the physical structure and setting of upstanding heritage features such as the Silverdale watermill."
3.5 Whilst the site is not designated for development, General Policy 3 of the Strategic Plan sets out exceptions which include "(f) building and engineering operations which are essential for the conduct of agriculture or forestry". Further advice is provided at Environment Policy 15 as follows:
"Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.
Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
3.6 The Strategic Plan also highlights the importance of the footpath network in the following policy:
Recreation Policy 5: "Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes."
3.7 Finally, provision is made in the Strategic Plan for development which is associated with equestrian use in the countryside as follows:
4.1 Whilst the main site which accommodates the buildings on the western side of the road has been the subject of a number of applications, there has been only one on this side of the road. This application, 17/01024/B proposed the erection of the shelters and the use of the site for clay pigeon shooting at certain times of the day and on certain days. This application was refused by the Planning Committee and confirmed at appeal for reasons relating to the noise nuisance to neighbours and users of the footpath, potential and perceived harm to the users of the footpath and potential harm to the watercourse. - 4.2 The inspector comments on the animal shelters as follows: "Need for the Field Shelters
5.1 Statutory consultees
5.2 Government departments
5.3 Local residents
Euromanx House, Ballasalla (owners of Silverburn Farm) (02.07.19) Garey Rhennie (05.07.19) 7, Balthane Square, Ballasalla (11.07.19) Balladuggan (06.07.19)
6.1 The site is not designated for development and as such, there needs to be demonstrable need for the shelters to outweigh the presumption against development here. The shelters are not considered to be large in scale so Environment Policy 20 is not considered relevant here. - 6.2 The shelters are indicated as being needed for agriculture and equestrian purposes and the tests for each are slightly different. There needs to be agricultural need demonstrated but for equestrian related development, the requirement is only that such development results in 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 and where the structures are appropriate for their purpose in materials and construction and where they would not be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Need - 6.3 The shelters have been in situ for a few years and during that time, it was originally intended that they be used for sheep and for humans using the clay pigeon shooting range. The justification now given for the shelters is for horses as well as sheep and it is a little puzzling as to why the shelters now appear to be needed for horses. The previous justification for sheep shelters was rejected by the Planning Committee and the inspector as they all considered that loaghtan sheep are hardy and would not need such shelter. This remains the case. - 6.4 The shelters are not particularly large and the animal shown in the applicant's photograph is a relatively small horse/pony. The surrounding area is relatively small in terms of usable area, compared with the fields and paddocks higher up and closer to the road and adjacent to the public footpath. It is difficult to see how, if an elderly or sick horse were to require shelter, it would be in the least secure and furthest part away from the main living accommodation and available supervision and furthest from the highway were emergency access or egress be required. Impact - 6.5 Whilst the applicant suggests that the shelters are not visible from a public highway, they are, of course adjacent to a public footpath and clearly visible therefrom. Whilst the shelters themselves are inoffensive, their presence does not enhance the otherwise open character of the site and as such, in the absence of demonstrable need for them, the shelters are considered to have an adverse impact on the character and appearance of the countryside, which is recognised as of High Landscape Value and Scenic Significance and where the protection of the character of the countryside is "the most important consideration" (Environment Policy 2). CONCLUSION
7.1 It is not considered that there is sufficient agricultural or equestrian need for the shelters to outweigh the presumption against development here or to over-ride the harm to the character
and appearance of the countryside and the development is therefore considered to be contrary to Environment Policies 1, 2, 19 and 21 of the Strategic Plan.
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:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 23.08.2019 Determining officer
Signed : A MORGAN Abigail Morgan Principal Planner
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