Loading document...
==== PAGE 1 ====
24/00187/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00187/B Applicant : AMG Investments Proposal : Erection of a field shelter, associated stables, and storage; additional use of agricultural field for equestrian use. Site Address : Field 524940 Quines Hill Port Soderick Isle Of Man
Planning Officer: Hamish Laird Photo Taken : 01.06.2023 Site Visit : 01.06.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.05.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.
Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.
C 3. The development hereby permitted shall be occupied as a private equestrian facility for the benefit of the occupants of the Ballamona Estate, their employees and associates only, and that it shall not be operated as a facility open to the general public, or sold or sub-let without first obtaining planning permission.
Reason: To ensure that the private equestrian facility remains as part of the planning unit comprising the Ballamona Estate. This is due to the size and scale of the development, the approval of existing related equestrian development, and its close proximity to the Ballamona Estate Barn, Farmhouse, Manor House and Mill all of which are located in the open countryside
==== PAGE 2 ====
24/00187/B Page 2 of 8
where planning permission for a separate equestrian facility closely related to adjoining living accommodation would not be granted unless there was an identified and justified need; and, to protect the residential amenities of occupants of the adjoining Barn, Farmhouse, Manor House, Mill and residential properties in Quines Hill. This accords with the provisions of General Policy 3 b) and g); and, Environment Policy 1 and 22iii) in the Adopted Isle of Man Strategic Plan (2016).
C 4. Prior to the commencement of development on site, including any works required for demolition, protective 'Heras' fencing as shown on the Tree Protection Plan Drawing submitted as part of the Arboricultrural Impact Assessment (AIA) and Tree Protection Plan - prepared by Manx Roots Tree Management (dated August 2022) - shall be erected around the 'Construction Exclusion Zone' shown on this plan, especially for Tree Groups 01, where it abuts the area of development. The protective fencing should be installed to form the construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.
Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.
This application has been recommended for approval for the following reason. Overall it is concluded that the planning application for the erection of a stable block, field shelter and associated storage facilities; and, the use of land for the equestrian purposes accords with the provisions set out in General Policy 2 b) c) d) g) i) l) and m) Environment Policies 1, 7, 19, 20, 21, and 22 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
The development should be carried out strictly in accordance with the following approved plans, documents and details:
Drawing No. 2202-FS-00 - Location Plan; Drawing No. 2202-FS-02 - Proposed Site Plan; Drawing No. 2202-FS-03 - Proposed Plans and Elevations; Design and Access Statement dated January, 2024; Arboricultural Impact Assessment; Tree Protection Plan (TPP) & Method Statement produced by Manx Roots Tree Management and dated March, 2022 and March 2024.
all date stamped received on 15 February, 2024, unless otherwise indicated above.
__
Interested Person Status - Additional Persons
None. __
Officer’s Report
THE SITE 1.1 The site area comprises Field 524940 and is part of Ballamona Estate which is located in open countryside to the south of 'Quine's Hill' on the Old Castletown Road (A25). The site is estate is approximately 122 acres (493,716.5 square metres), and is bounded to the South by the Steam Railway line and Marine Drive (A37) Access to the Estate is via the A25 (old
==== PAGE 3 ====
24/00187/B Page 3 of 8
Castletown Road) with driveways running from the North and the East as identified on Drawing 2202-FS-00 - Location Plan. The access is not affected by this application.
1.2 The proposed site is on the edge of field 524940 which is currently used as paddocks for grazing horses. The field has a total area of 10.85 acres (44,000 m2). The perimeter of the field is bounded with a mature Manx earth bank and post and wire fence on all sides. The site gently slopes from north (Quine's Hill / Old Castletown Road (A25) to south. To the north, the proposed site is bordered by neighbouring properties 'Cleveland', 'Ballaleshin', 'Cronk View', 'Cronk Rhenny Villas', 'Cronkrhenny' and the Recreation Hall. To the west and south, the site is bordered by mature deciduous trees. The site is accessed along an existing private driveway via existing gates.
THE PROPOSAL 2.1 The application seeks planning permission for the erection of a field shelter, associated stables, and storage; and, additional use of the present agricultural field for equestrian use.
2.2 The field shelter, associated stables and storage on the edge of field 524940 - (see 2202-FS-01 - Proposed Site Plan). The proposed building would be 29.2m long x 3.86m wide and will have an external footprint of 112.8m2.
It will accommodate:
o Hay & Food store and Prep area. (4.26m long x 3.66m wide) o 3 stables (each 4.26m long x 3.66m wide) o Tack and Equipment Store (4.26m long x 3.66m wide) o Field Shelter (7.2m long x 3.66m wide)
The building will be timber frame construction sat on a concrete base. Externally, it will be clad in pressure treated FSC certified shiplap cladding (figure 5). The roof of the stable block will extend by 1.8m to create a canopy and will be supported on timber posts. The roof of the field shelter will project 1.2m with no supporting posts. The roof is to be finished in fibre cement corrugated sheeting in a green colour.
2.3 The application is accompanied by a full set of drawings; a Design and Access Statement; and, an Arboricultural Impact Assessment; Tree Protection Plan (TPP) & Method Statement produced by Manx Roots Tree Management and dated March, 2022.
3.00 PLANNING POLICY 3.1 The application site lies within an area not designated for development and within an area of High Landscape or Coastal Value and Scenic Significance (AHLV) on the Town and Country Planning (Development Plan) Order 1982. On the Area Plan for the East (2020) the site is featured as an area not designated for development. The site is not within a Conservation Area.
3.2 In the Isle of Man Landscape Character Assessment (July 2008) at Figure 3.1 'Landscape Character Types and Areas', the site is identified as being within a Landscape Character Area that is broadly classified as 'D13 - Santon' - Incised Slopes.
3.3 Within the Isle of Man Landscape Character Assessment Written Statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 126, the Landscape Strategy is:
"The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons, its scattered settlement pattern, its Victorian pleasure glen and the railway."
"Key views
==== PAGE 4 ====
24/00187/B Page 4 of 8
Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. o Incinerator chimney forms a notable landmark in the immediate area. o Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. o Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. o Views from Isle of Man Steam Railway"
3.4 It is noted the site is not identified as being at flood risk.
3.5 The site lies partly within a Registered Tree Area 0770 in this location.
The following policies of the IOM Strategic Plan (2016) are considered relevant to the consideration of the application:
3.6 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application:
Strategic Policy 1 Optimising the use of land 5 Design and visual impact 10 Sustainable transport
Spatial Policy 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 3 Protection of trees and woodland 4 Wildlife and Nature Conservation 7 Protection of existing watercourses Paragraph 7.15 - Equestrian Pursuits and Polices EP19 - 21 19 Development of Equestrian Activities and Buildings 20 Presumption against large scale equestrian developments 21 Buildings for the stabling, shelter or care of horses in the countryside 22iii) Protection form vibration, odour, noise or light pollution
Transport Policy 4 Highway safety 7 Parking provisions
4.00 PLANNING HISTORY 4.1 There is an extensive planning history relating to the site of the Ballamona Estate, especially in relation to the provision of equestrian facilities, as well as the adjoining site of the Manor House; Farmhouse, Barn and Mill. The site history is rehearsed below:
4.1 Manor House 04/01191.B - roofing over internal yard area - Permitted - 2/8/2004. 12/01245/B - erection of replacement dwelling with garage block and landscaping - Permitted - 30/1/2013.
==== PAGE 5 ====
24/00187/B Page 5 of 8
4.2 Farm House 10/00493/B - alterations, extensions and renovation of existing dwelling - Permitted - 29/6/2010.
18/00228/B - extension to farmhouse and barn, development of private equestrian facilities with horse walker, relocation of poly tunnel and associated landscaping - withdrawn
4.3 Barns 10/00339/B - Conversion of barns into estate office with facilities - permitted and commenced: the upper floor was converted and has been used for office use: the lower floor is in the process of being converted. Permitted - 20/9/2010.
4.4 Mill 90/04196/A - Approval in principle for conversion of derelict mill into a dwelling - Permitted - 1/1/94. 10/00340/B - Conversion of mill into a private dwelling - Permitted - 20/9/2010. 10/01468/B - Conversion of redundant mill into private residential accommodation - Permitted - 24/11/2010.
4.5 Additional development 11/00489/B - Approved - 31/5/2011; and, 11/00898/B (amendment to PA11/00489/B) - erection of a stable block to the north of the farm yard - Permitted - 10/8/2011.
17/00294/B - erection of poly tunnel - Permitted - 8/5/2017. 17/00738/B - erection of poly tunnel - Permitted - 17/8/2017. 17/01001/B - extension of existing manage - Permitted - 27/10/2017.
4.6 Farmhouse and Barn 22/01167/B - Alterations, extensions to existing dwelling and conversion of outbuildings to form residential accommodation together with the erection of a garden room and domestic garage and associated landscaping including a natural swimming pool - Permitted by the Planning Committee - Meeting date - 21/7/2023. Decision issued 25/7/23.
4.7 Equestrian Facilities 12/01285/B - Erection of equestrian facilities including stables, staff facilities and indoor riding arena - permitted - 30/1/2013. Pre-application advice was provided prior to submission.
22/01386/B - erection of private equestrian facilities. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores, along with an outdoor manage, hay barn, field shelter, horse-walker and associated landscaping. Permitted - 9/8/2023. This application was intended as an amendment to the previously approved scheme PA 12/01285/B.
5.0 CONSULTATIONS
REPRESENTATIONS 5.1 Highway Services - Comments received - (26.2.2024) - "24/00187/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the existing accesses are acceptable for the proposals."
5.2 Braddan Parish Commissioners (1.3.24) - No objections.
5.3 Forestry, Amenity and Lands, CHA (28.02.24).- The proposed stables are located adjacent to a registered area of high-quality trees. In order to have a high degree of confidence that the proposal will not have an adverse impact to these trees, I would like to
==== PAGE 6 ====
24/00187/B Page 6 of 8
request a tree protection plan, complete with details of the size of the root protection areas of the adjacent trees. I request that this information is provided prior to determination.
ASSESSMENT 6.1 Whilst there is a presumption against development here, Strategic Plan Environment Policies 19 and 21 make it clear that equestrian related development can be considered acceptable subject to certain conditions. In this case the site is within an area where the soil capability is graded as 3. The location of the buildings is close to other existing structures to the south-0east at the Manor House, Barn, Mill and site of the proposed equestrian centre (See PA 22/01386/B). It is set against a backdrop of trees, and hedging located in the south-eastern part of Field No. 524940, with dwellings located to the north in Quine's Hill being some 150m away. The style, design and finish of the stable building, tack room and feed store, rug store, and field shelter (all combined in one structure) are considered to be appropriate for their equine related use. The development is, therefore, considered to accord with EP's 19 and 21. EP20 is not relevant as the development is not significant or in an area of High Landscape Value and Scenic Significance.
6.2 Approval is also sought for the use of the land for the keeping of horses. The keeping of horses is not considered to be 'agriculture' unless the horses are used to farm the land, or are bred to provide meat or clothing. A change of use planning permission is therefore, required for the grazing of horses on agricultural land. Agricultural practises such as the keeping pf cattle, sheep or chickens on the land would not themselves require planning permission because agriculture (as well as forestry and horticulture) is the default land use on the Island and on the UK mainland.
6.3 It is noted that a significant amount of equestrian related development and keeping of horses already occurs on the Ballamona Estate. The area covered by Field No. 524940, is maintained as grassland, and is not species rich. Nor, does it contained any protected plants or habitats. The impact of the development would have little adverse impact on the ecology of the site, and it is considered that the visual impact of the proposed development arising from the erection of the stables, and including the change of use of the land for equestrian purposes involving the keeping of horses, is acceptable.
6.4 It is noted that no neighbour comments have been received and it is considered that the siting of the stables is unlikely to give rise to issues of noise and disturbance from fractious horses given that the stables would be sited approximately 150m from the curtilage of the nearest dwelling. Given the use of the stables and its association with the PA 22/01386/B equestrian facility and associated development, which is restricted by condition as a private facility, it is noted that the proposed stables and use of the field for keeping horses is for private use, which is in line with the approved equestrian centre. The applicant is experienced in equestrian eventing and management and the bringing on of high quality bloodstock for such purposes. A condition can be attached to any planning permission granted restricting the use to a private use only, albeit it is unlikely that the site would be operated as a commercial livery. It is clear that the siting of the stables in this location would be sufficient distance away from neighbouring residents to not to be considered a nuisance to them in respect of noise or activities carried on within and around the equestrian facility. This would accord with the provisions of Policy EP22 iii) in the Adopted Isle of Man Strategic Plan (2016).
6.5 In order to minimise further any potential for harm to bats and other protected species, Officers consider that the details of any scheme for outdoor lighting should be conditioned to ensure that any such impacts are minimised and to protect the quality of the rural night sky from any unnecessary light-spill. This would accord with the provisions of Policy GP2 c) d) and m) and Policy EP22 iii) in the Adopted Isle of Man Strategic Plan (2016).
6.6 In order to minimise any impacts arising from the development on Registered Trees which are located in Group 01 immediately to the west of the site along the main drive serving
==== PAGE 7 ====
24/00187/B Page 7 of 8
the Estate from Quines Hill, a condition should be attached to any permission granted requiring protective fencing be erected on the site boundary where development is to take place, adjoining these trees. This is as advised in the submitted Arboricultural Impact Assessment; Tree Protection Plan (TPP) & Method Statement produced by Manx Roots Tree Management and dated March, 2022.
6.7 Overall, it is considered that the proposed development is appropriate for the application site and suitably accords with the relevant planning policies. It is therefore recommended that the planning application be approved.
CONCLUSION 7.1 It is considered that the development complies with the provisions set out in General Policy 2 b) c) d) g) i) l) and m); and, Environment Policies 1, 4, 5, 7 19 and 21 in the Isle of Man Strategic Plan 2016, and the application is supported.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 4(2) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 22.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
==== PAGE 8 ====
24/00187/B Page 8 of 8
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.
Copyright in submitted documents remains with their authors. Request removal