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24/00634/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00634/B Applicant : Mr & Mrs Kieren Mildwaters Proposal : Erection of a covered Equestrian Arena and additional use of agricultural field to equestrian Site Address : Field No 214282 Goldies Loughan Jurby East IM7 3EZ
Planning Officer: Vanessa Porter Photo Taken : 11.09.2024 Site Visit : 11.09.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.09.2024 __
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. The arena hereby approved must be used only for equestrian purposes in association with Goldies Loughan and shall not be used for any commercial use or commercial purposes.
Reason: The application has been assessed on this private use only as requested in the application.
C 3. The change of use of land to private equestrian use relates only to field no. 214282, as shown on drawing No. 24 1816 02, dated received 30th May 2024
Reason: The application has been assessed on this area only for private equestrian use.
C 4. In the event that the arena approved is no longer used or required for equestrian activities, the arena 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 arena 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.
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C 5. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps, horse boxes or any other associated equestrian paraphernalia within field numbers 214281 & 214282 as shown on drawing number 24 1816 01, dated received 30th May 2024.
Reason: The application has been assessed on the change of use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amenity.
C 6. There shall be no external lighting of the extended arena unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include 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 and retained as such thereafter.
Reason: For the avoidance of doubt and to ensure no harm to the dark skies.
C 7. The existing trees and hedges shall be retained on site. Any retained tree or hedge which is removed or becomes seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the appearance of the development and the surrounding area.
C 8. The planting as shown in drawing No. 24 1816 04, dated received 30th May 2024 shall be planted within the first available planting season following the first use of the building approved, and in the event any of those plants die within 5 years of planting they shall be replanted with native species and all shall be retained and maintained thereafter.
Reason: The application included additional planting and this would assist in further visual mitigation to the stable in the interest of visual amenities of the area and impact of the building in the landscape.
This application has been recommended for approval for the following reason. The application is deemed to comply with General Policies 2 and 3, Environment Policies 1, 19 and 21 and Transport Policy 4 of the Isle of Man Strategic Plan 2016
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 30th May 2024; o Drawing No. 24 1816 01 o Drawing No. 24 1816 02 o Drawing No. 24 1816 03 o Drawing No. 24 1816 04 o Photographs o Planning Statement __
Interested Person Status
None __
Officer’s Report
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24/00634/B Page 3 of 7
THE SITE 1.1 The application site comprises a portion of Field No. 214282 which is an irregular shaped parcel of land situated to the Southern side of Bretney Road, Jurby. The site including the property and additional land to the East comprises of 3.7 acres. The site is accessed from Bretney Road and currently separated into three paddocks and an exercise area.
1.2 Due to topography of the site and the surrounding land, the field will only be able to be seen fleetingly from a distance. Once you get closer to the site via Bretney Road, there is mature sod banks and hedging/ trees which provide some mitigation.
THE PROPOSAL 2.1 The current Planning Application seeks approval for the erection of a 40m by 20m, covered arena for the purposes of exercising horses. The walls are to be constructed out of Portal frame steelwork with low level walls measuring 1.2m, which are to be constructed out of concrete block work. There is to be a 2.4m gap between the low level walling and the eaves on the South and North and East elevations, with the Western elevation having corrugated sheeting to the side up to the eaves. Also proposed are solar panels to the Southern elevation and landscaping to the North and South of the structure.
2.2 The application also seeks approval for the additional use of the existing agricultural field to equestrian.
PLANNING HISTORY 3.1 There have been several applications upon the site as a whole; PA00/01274/B - Utility room extension into adjoining outbuilding - Permitted PA00/01275/B - Erection of agricultural building - Refused on review PA00/02037/B - Erection of agricultural building - Permitted PA01/01006/B - Erection of agricultural building - Refused PA01/01946/B - Erection of agricultural building - Refused PA02/01630/B - Construction of replacement entrance and driveway and extension of domestic curtilage through part of field 411 (214281) Goldies Loughan - Permitted PA02/02050/B - Erection of a two storey extension to west elevation to provide additional living accommodation - Refused at appeal PA04/00221/B - Erection of a two storey extension to provide additional living accommodation
PLANNING POLICY 4.1 The site lies within an area zones as "Not for Development," on the 1982 Development Plan, North Map. The site is not situated within a Conservation Area, nor a Flood Risk Zone
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy 1 - Efficient use of land and resources Strategic Policy 2 - Priority for new development to identified towns and villages Strategic Policy 5 - Design and visual impact Spatial Policy 5 - Development in the countryside only in accordance with General Policy 3 General Policy 2 - General Development Considerations
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General Policy 3 - Exceptions to development in the countryside Environment Policy 1 - Protection of the countryside Environment Policy 15 - Development of agricultural buildings in the countryside Environment Policy 19 - Equestrian development in the countryside Environment Policy 21 - Development for stabling or shelter of animals in the countryside Transport Policy 4 - Highways safety
REPRESENTATIONS 5.1 The following representations can be found in full online;
5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing the proposals are conditioned to be for private use i.e. no public or commercial use, due to the access and parking constraints of the site." (06.06.24)
5.3 Jurby Commissioners were consulted on the 25th June 2024, of which no comments have been received at the time of writing this report. (23.09.24)
5.4 DEFA Ecosystems Policy Officer has written in to request that a condition is attached that the landscaping is undertaken as per the Landscaping Drawing (Drawing No. 24 1816 04). (20.06.24)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2.1 The starting point with any application within land designated as "not for development" is whether the proposal would comply with the relevant planning policies in connection with the site designation.
6.2.2 As stated above the site falls within an area not zoned for development on the 1982 Development Plan, as such there is a general presumption against development within the countryside with development to be focused towards defined settlements in accordance with Spatial Policy 5.
6.2.3 Section 4 of this report highlights that there is a provision within the Isle of Man Strategic Plan for equestrian related development as an exception to the presumption against development in the countryside. Paragraph 7.15.1 of the Isle of Man Strategic Plan 2016 recognises that equestrian activities are becoming increasingly popular and may have adverse impact on the character and appearance of the countryside. Among other things, sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such impacts. This is followed by Environment Policy 19 which allows for the development of equestrian activities in the countryside where there would be no loss of local amenity, no loss of high quality agricultural land and where they would be no highways issues and Environment Policy 21 which resists the construction of stables in rural areas where they would be detrimental to the character and appearance of the countryside in terms of siting, design, size and finish. Any new buildings must be designed in form and materials to reflect their specific purpose.
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6.2.4 As identified within the Isle of Man Strategic Plan 2016, equestrian activities can only be situated within open, rural countryside, as such the general principle of equestrian is acceptable. Whilst this is the case, it is necessary to asses whether the siting, scale, character is acceptable in relation to the surrounding countryside and whether there are any other impacts from the proposal.
6.3 IMPACT OF THE DEVELOPMENT UPON THE SURROUNDING COUNTRYSIDE 6.3.1 Environment Policy 21 indicates that 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. Whilst the proposal is not for a building for the stabling or shelter of the horses, it could be said that the proposal is to support the care of the horses on site.
6.3.2 The proposed arena is sized to accommodate a 20m by 400m arena, which is slightly smaller than average size of a covered arena throughout the UK which is 25m by 50m (The British Horse Society - BHS). It is noted that the facility as designed would afford the applicants the standard indoor facility to train their horses. Given the nature of the facilities available to the applicants and the difficulties proposed within their planning statement it is considered that the facility would ensure that the applicants have regular training sessions for their horses which need to be exercised and trained daily. With the above in mind the proposed size of the arena is deemed acceptable.
6.3.3 The proposed location of the arena is a large distance away from any structures on the site and the already existing domestic properties associated with "Goldies Loughan" which would generally mean that the proposal would be unacceptable as it is located away from the existing structures on site. Whilst this is the case, the proposal due to where it is situated would have less of an impact upon the overall character and appearance of the countryside. The reasoning for this, is if the proposal was situated in the field closer to the main dwelling, it would have to be closer to the main roadside due to the substantial trees already existing within the field, which is turn would mean that the proposal would be more seen from the main road.
6.3.4 The proposed location of the arena is situated within an area where it would only be partially visible generally but more visible during the winter months when the vegetation on the boundary is sparse, although it would be read largely in the rural context of the site with its field stock fencing, existing sod hedges and trees further reinforcing this character, as it would be screened by an existing sod bank. The proposed light weight design of the building, its low profile height, and its appearance can all help to ensure any visual impact from distance views are mitigated Thus, the impact on principal public views and further afield are likely to be considerably limited, which would serve to diminish any potential the impact on the character and appearance of the area as viewed from the surrounding highways.
6.3.5 Based on the foregoing, it is not considered for the reasons indicated above that the proposal would adversely affect the countryside or have detrimental impacts on the character and appearance of the countryside. Whilst this is the case, conditions should be attached for the proposed landscaping to be adhered to and that if the proposed arena is no longer required it should be removed.
6.4 IMPACT ON NEIGHBOURING PROPERTIES 6.4.1 When looking at the proposed impact of the proposal upon the neighbouring amenities, it is noted that the nearest neighbour would be "East Loughan" which is approximately 160m away to the East and "West Loughan" which is approximately 138m away to the North of the proposal. Given the distance the arena would be positioned from any neighbouring property and landscaping between; it is not considered the proposals would result in significant adverse effects on local amenity.
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6.4.2 Moreover, as has been noted, the proposal is for private and not commercial use which could result in significant intensification of activities with potential impacts on local amenity, particularly the highway network. Therefore, it is considered that due to the smaller scale of the domestic use, the number of vehicle movements expected on the site is relatively low and wouldn't be out of keeping with the existing site and there would also be sufficient parking available on the site. Any other potential noise or odour from the proposed equestrian use would not be out of keeping with the existing site character. A condition will be added to clarify the proposed private use.
6.5 CHANGE OF USE OF FIELD 6.5.1 Turning towards the proposed use of the field where the proposed covered arena is to be situated as equestrian use. Equestrian use of land is not in this instance an agricultural use, as such it would constitute development requiring an application. The proposed equestrian use of the land in this instance would provide suitable grazing area for the keeping of horses and would be without the loss of high quality agricultural land.
6.5.2 The soil classification map indicates this area as being D3A, so while the proposal would result in the loss of a fairly sizable area of grazing field this is not be considered to be unacceptable in terms of Environment Policy 18, and there still remains a notable area to accommodate a continued grazing of horses.
6.5.3 Minded that reverting back to an agricultural use could happen at any time given agriculture use does not constitute development and can be undertaken without the need for a planning application in line with the Town and Country Planning Act 1999. For the avoidance of doubt a condition revoking any external storing of horse jumps or any other similar horse exercising equipment is necessary given the application has not sought approval for any of these within he fields.
6.6 HIGHWAY IMPACT 6.6.1 In relation to the impacts on highway safety, it is noted that whilst the proposal is expected to generate some level of traffic relative to its scale of operations, the scale of activities on site (given the nature of the holding), would not be so adverse to warrant refusal of the scheme on highway grounds.
6.6.2 The comments raised by Highway Services are noted, and should be conditioned within this application so that there are no additional users entering the site, as the application has not been assessed on this basis. With this in mind the proposal is deemed to align with the principles of General Policy 2 (h & i), Transport Policy 4, and Environment Policy 19.
6.6.3 It should be noted that no drive/ path or other type of hardstanding has been provided as part of this application for the applicants to get from the main road to the arena. As such a condition should be attached that no permission has been provided for a hardstanding just encase.
CONCLUSION 7.1 The principle of an arena and change of use of the land to equestrian purposes is considered to be acceptable, whilst the design, scale, form and layout of the proposed development is also deemed to be appropriate in the context of the site's rural location, without detriment to the character and appearance of the wider landscape. The proposals further raise no material highway safety concerns. The application is therefore considered compliant with General Policies 2 and 3, Environment Policies 1, 19 and 21 and Transport Policy 4 of the Isle of Man Strategic Plan 2016. The application is therefore recommended for approval.
INTERESTED PERSON STATUS
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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 6(4) who should be given Interested Person Status.
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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 and/or rights to appeal.
Decision Made : Permitted
Date: 01.10.2024
Determining Officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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