DEC Officer Report

Application No.: 24/00858/B Applicant: Mrs Linda Lind Proposal: Erection of equestrian building Site Address: Field 54687 Ballakaighen Whitebridge Road Onchan Isle Of Man IM4 6AD Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.09.2024 _________________________________________________________________

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 stables shall be for private use only and not for any commercial or public livery use.

Reason: In view of the location of the site within an area that is largely residential; the Planning Authority does not consider the site suitable for anything other than private use.

• C 3. The building must be used only for equestrian purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need. As such the building must be used for the purposes for which it is approved.

• C 4. The equestrian building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for equestrian purposes.

Reason: The building has been exceptionally approved solely to meet equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason.

It is concluded that the planning application would not have any significant adverse impacts upon public or private amenities nor harm the character and appearance of the site or the

surrounding area and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 23/07/2024:

SM24/617/1 Proposed Plans _______________________________________________________________

Interested Person Status

None ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site forms land at field no.534687 located Ballakaighan Stud Farm. - 1.2 The field is located to the northeast of the dwellinghouse on the property and has a gently sloping topography. - 1.3 The field is used for grazing of horses and is laid to grass. It is bounded by post and rail fencing together with trees

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of a new equestrian stable building. - 2.2 The building will measure 13.7m x 22.8m with a height to eaves of 3.5m above finished floor level. The building will be finished externally in goosewing grey coloured cladding to the walls and roof with steel doors to each elevation. - 2.3 The development will require a degree of levelling to the land which will be banked to the west and north of the building. A concrete yard is proposed to the southern side of the building and accessed through an existing gate.

3.0 PLANNING POLICY LOCAL PLAN - 3.1 The site is shown as within an area not designated for development under the Area Plan for the East. The application site represents the curtilage of a detached dwelling in the countryside. The site is not within a Conservation Area. - 3.2 In terms of the Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. - 3.4 Environment Policy 21: 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 buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used.

3.5 General Policy 2 of the Strategic Plan is considered applicable, which states: "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:

• (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;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.0 PLANNING HISTORY - 4.1 No relevant history.

- 5.0 CONSULTATIONS

5.1 Onchan Commissioners - Recommend the proposals are approved. - 5.2 DoI Highways Services commented - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Applicant should be aware off and comply with the clause above.

- 6.0 REPRESENTATIONS

6.1 No comments have been received. - 7.0 ASSESSMENT

7.1 The key considerations in the assessment of this planning application are the principle of development and impact of the building upon the character and appearance of the landscape. PRINCIPLE OF DEVELOPMENT

7.2 The proposed development would to provide additional stabling and storage for the stud farm. - 7.3 The principle of development is accepted by Environment Policy 1 subject to the impact of the development upon the countryside. The need for additional stabling is taken to exist as

• the site is a stud farm and in active use. As such, subject to consideration of the landscape impact of the proposal, the principle of development is accepted LANDSCAPE IMPACT
• 7.4 The proposed building will sit in a field immediately adjacent to existing buildings at the property. The site is within a remote, privately owned part of the countryside and is not visible from the highway.
• 7.5 The site is well screened by existing planting to the boundary and is well related to existing built form. The proposals would not, therefore, be isolated in the landscape.

7.5 The design, scale, siting and layout of the development is in keeping with the immediate setting and the finished materials will ensure that the impact upon the character and appearance of the landscape is minimised, with the development assimilating into the immediate setting of the landscape. - 7.6 The proposed works would not be visible form public views, although the development is considered appropriate in terms of scale, appearance, layout and overall design. It is considered the proposed development would not have a harmful impact on the character and appearance of the site or the surrounding area in general in accordance with Strategic Plan policies GP2, EP1 & 21. CONCLUSION - 7.7 For the reasons set out above, it is concluded that the planning application would not have any significant adverse impacts upon public or private amenities nor harm the character and appearance of the site or the surrounding countryside. The development will therefore comply with the aforementioned planning policies of the Isle of Man Strategic Plan 2016 and it is recommended that planning permission be approved.

- 8.0 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:

• 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.

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 and/or rights to appeal.

Decision Made : Permitted Date: 13.09.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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