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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00447/B Applicant : Mrs Bev Thomas Proposal : Additional use of field for equestrian purposes and installation of fenced sand school Site Address : Field 120259 Smeale Ramsey Isle Of Man
Principal Planning Officer: Belinda Fettis Photo Taken : 08.05.2024 Site Visit : 08.05.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.07.2024 __
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. All ground works and construction of the approved fenced sand school shall be constructed in strict accordance with the method statement submitted on the 2nd of July titled 'Works near to natural ponds and drainage channels'.
Reason: To protect the adjacent watercourse from contamination in accordance with Environment Policy 7.
C 3. There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Planning Department.
The details shall be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023) and include such detail as the position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: To accord with Environment Policy 4 of the Isle of Man Strategic Plan to protect the adjacent wildlife habitat woodland within the Lough Gat-y-Wing designated Wildlife Site and to protect the wider countryside and night sky.
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C 4. The fenced sand school hereby approved must be used only for equestrian purposes in association with the existing users of the site, and shall not be used for any commercial use or commercial purposes.
Reason: For clarity because the application has been assessed on private use only against Environment Policy 19 and 20 of the Isle of Man Strategic Plan 2016.
C 5. The use of land for private equestrian use relates only to the area outlined in red as shown on the Site Location Plan received 2nd of July 2024.
Reason: The application has been assessed on this area only for private equestrian use.
C 6. In the event that the fenced sand school approved is no longer used or required for equestrian activities, the fenced sand school and its associated structures shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.
Reason: The fenced sand school has been permitted solely in conjunction with the applicants existing use and its subsequent retention without that need would result in an unwarranted feature in the countryside contrary to Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016.
This application has been recommended for approval for the following reason. For the reasons outlined in the report the proposal is considered to accord with Strategic Policies 3 and 4, Environment Policies 7, 19 and 20, General Policy 2 of the Isle of Man Strategic Plan 2016 and the Animal Welfare Act (2023) and Code of practice for the welfare of Horses, Ponies, Donkeys and their hybrids (2024).
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 2nd of July 2024;
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1. The application site relates to Field number 120259 which comprises an agricultural field given over to equestrian use. A field access gate abuts the highway adjacent which there are 2 stable buildings which are separated from the highway by mature vegetation.
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1.2. The land is relatively level close to the road where the buildings and associated parking turning area is. However beyond this area the land is undulating and slopes downwards away from the highway. The site is bound by mixed vegetation hedging.
1.3. Around 425feet east of the entrance to the site is the detached dwellinghouse, Gat E Whing, on the other side of the road to the north there exists an agricultural building set back from the road. Over a 1000feet east of the site is Ballakeil House Farm and a crossroads junction. South of the site is a watercourse and natural drain within a mature woodland and the Lough Gat-y-Wing designated Wildlife Site. The surrounding area is generally open agricultural fields mostly characterized by hedgerow separation.
THE PROPOSAL
2.1. Planning approval is sought for an additional use of the equestrian field with the installation of a fenced sand school.
2.2. Construction is proposed of a fenced sand school measuring 40m by 20m. The sand school is to be located within the existing topography requiring minimal earth movements to achieve a level sand school. Excavated land will be used to fill in the lower sections of the site to form a level base. No earth is to be removed from site.
2.3. The sections drawing shows that the height of the fence will be 1.4m. At its lowest point the sand school will be 1.4m. At its highest, due to the created increase in land level, the height will be around 1.8m.
PLANNING HISTORY
3.1. There is other planning history on the land however the one below is the only one considered to be materially relevant in the assessment of this planning application.
3.2. 97/00493/B - Erection of stables and hay store, field no's 259 and 260, A10 Road, Ballakeil, Andreas. Permitted.
PLANNING POLICY
4.1. The site is not within a Flood Risk Zone or within a Conservation Area and there are no protected trees within the site. The site is not within setting of Registered Building, Conservation Area or root protection area of a protected tree. However there is a protected wildlife space within the southern and south-west tip of the field; Lough Gat-y-Wing.
4.1.1. The application site is on land designated in the Isle of Man Development Plan map (1982) as "Open Space (Agriculture)" and an "area of high landscape or coastal value and scenic significance."
4.1.2. Policy No.12.4 in the written statement for Kirk Michael (1994) states that, "With the exception of areas already proposed for development use, no areas of open space should be released for development."
4.2. On the Area Plan for the North and West, Draft Proposals Map 3 North, the site remains in open space and is not included in any inset maps. It must be noted at the time of writing, the draft area plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. This means that the 1982 Map and the 1994 Written Statement remain the correct land use designation and no material weight is given to the draft area plan for the North and West.
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4.3. Given the above, the following policies from the Strategic Plan are considered relevant to the assessment of this application.
4.4. Strategic Policy 1: 3 criteria are given to ensure that development makes the best use of resources. The most relevant to this application is (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards;
4.5. Strategic Policy 2: Requires new development to be located in existing towns and villages, and only in the countryside in exceptional circumstances identified in paragraph 6.3 (General Policy 3).
4.6. Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality.
4.7. Strategic Policy 4: Proposals for development must protect or enhance national heritage including landscape and not lead to unacceptable environmental pollution or disturbance.
4.8. Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
4.9. Environment Policy 7 requires development close to a watercourse to take special care to ensure that the development could not cause harm to the watercourse.
4.10. Environment Policy 19: 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 and where the local highway network can satisfactorily accommodate any increase in traffic.
4.11. Environment Policy 20: There will be a presumption against large scale equestrian developments, 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.
4.12. Environment Policy 22 states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
4.13. General Policy 2: 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 accords with the criteria of the Policy. In this case the following criteria are considered relevant (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k); (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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;
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(i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
4.14. General Policy 3: Criteria are given to ensure that development is not permitted outside of those areas which are zoned for development on the appropriate Area Plan. Of the criteria the following is considered relevant, (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.
Other Material Considerations
5.1. Animal Welfare Act (2023) 5.2. Isle of Man Government Code of practice for the welfare of Horses, Ponies, Donkeys and their hybrids came into force on the 1 June 2024.
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2. Highways Services - (09.05.2024) The proposal includes no detail to suggest an increase in users therefore we do not oppose on the basis that the proposal is for existing users therefore it would not generate additional trips to and from the site.
6.2.1. Ecosystem Policy Team - (17.05.2024) No objection to the installation of the fenced sand school as per the Proposed Drawing no.24 1822 03. However, do have concerns regarding outdoor lighting because the adjacent woodland is within the Lough Gat-y-Wing designated Wildlife Site. Therefore to minimise impacts upon wildlife, if approved, request a condition for no external lighting except in accordance with a detailed low level lighting scheme in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to and approved in writing by the Planning Department in accordance with Wildlife sites are protected though Environment Policy 4 of the Isle of Man Strategic Plan.
6.2.2. Manx Utilities (Electricity) - although consulted on the 18th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.3. Andreas Parish Council - although consulted on the 18th of April 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT
7.1. Principle 7.1.1. General Policy 3 restricts new development outside of areas zoned for development subject to exceptions. Equestrian activity is associated with and interpreted as a countryside activity therefore criteria (h) is considered relevant.
7.1.2. In addition, given that the existing approved use of the site is equestrian, the principle of an outdoor exercise area is considered appropriate and acceptable.
7.1.3. Furthermore the Animal Welfare Act 2023 recently came into force and within the Isle of Man Government Code of practice for the welfare of Horses, Ponies, Donkeys it clearly states that exercise is an important part of equestrian management. It is acknowledged that
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muddy areas are unsuitable for exercise. As such the sand exercise area will provide off-road and off-mud exercise for the horses stabled at the site during wet weather periods.
7.1.4. Therefore, taking account of the above, the main consideration in the assessment of this planning application are considered to relate to the potential impact upon the landscape and wildlife and residential amenity.
7.2. Impact on Landscape Character
7.2.1. The site is within an area of high landscape value therefore added weight is given to the consideration of impact upon the landscape.
7.2.2. Environment Policy 20 states that there is a presumption against large scale equestrian development. The proposed manege / outdoor sand enclosure is not particularly large and because it is solely for use by the existing users the operation is considered to be small scale.
7.2.3. Due to the topography and propensity for muddy ground, the proposed development is considered essential and in accordance with the Animal Welfare Act.
7.2.4. To mitigate for any minor harm, planting has been considered with the agent and applicant. Although there are 'safe' trees for horses, the applicants' preference is not to plant trees within the grassed exercise area for personal reasons but including those outlined in the Code of practice for the welfare of Horses.
7.2.5. Taking account of the topography and surrounding vegetation, it is considered that the proposed development would be visible in very limited views. The height and position of the development is largely accommodated within the topography. On balance it is considered that additional planting is not necessary.
7.2.6. A condition is proposed to require that any external lighting is first approved.
7.2.7. Overall it is considered that the proposal would not cause harm to the wider, high value landscape. The exceptional circumstance being the existing use and topography which screens the outdoor exercise area well. Therefore the proposal is acceptable.
7.3. Impact on Wildlife
7.3.1. To better protect the wildlife and nearby root protection areas of the trees the fenced sand exercise area has been moved around 2m north and east of the existing trees. This also results in the areas used during construction being further away. In addition, if at a later date light is requested, the position will be better placed to accommodate some low lighting.
7.3.2. The Ecology Team have assessed the proposal and subject to a condition on external lighting are satisfied that the proposal is acceptable.
7.4. Residential Amenity
7.4.1. Impact on residential amenity can be assessed in regard to immediate neighbours and the users of the immediate area.
7.4.2. The proposed off grass development should enable the users to exercise horses when the ground is otherwise unsuitable for equestrian activity. Potentially these could lead to increased activity.
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7.4.3. The access gate abuts the roadside therefore when the gate is closed there is nowhere for vehicles to pull off the road prior to entering the site. However, the road is a relatively quiet road and no concerns have been raised by the Highways department.
7.4.4. The use is proposed by the current users and the risk of adverse impacts as a result of stopping on the road prior to entering are considered to be low, therefore no alterations of the existing situation are sought.
7.4.5. The off grass area is located furthest from the road and adjacent neighbour. In addition no external lighting is proposed. A condition is proposed to require any external lighting to first be approved by the Planning Department.
7.4.6. Overall it is considered that the proposal would not cause harm to residential amenity of the adjacent neighbour or nearby users of the road.
CONCLUSION
8.1. For the reasons outlined above the proposal is considered to accord with Strategic Policies 3 and 4, Environment Policies 7, 19 and 20, General Policies 2 of the Isle of Man Strategic Plan 2016 and the Animal Welfare Act (2023) and Code of practice for the welfare of Horses, Ponies, Donkeys and their hybrids (2024).
8.2. The proposal is considered acceptable and recommended for approval.
INTERESTED PERSON STATUS 9.1. 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 above who should be given Interested Person Status. __
I can confirm that this decision has been made by the Acting Head of Development Management 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 : 03.07.2024
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Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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