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25/90527/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90527/B Applicant : Mr & Mrs Nicky And Carole Ennett Proposal : Erection of quarantine stables (retrospective) Site Address : Ballakillowey Farm House Ballakillowey Road Colby Isle Of Man IM9 4BN
Principal Planning Officer: Belinda Fettis Photo Taken :
Site Visit : 07.08.2025 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.08.2025 __
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 black upvc gutters and rwp shall be attached as such to direct surface water away from the boundary with the adjacent dwellinghouse to the east, 'The Cottage', and thereafter maintained as such for the lifetime of the development.
Reason: For clarity and to ensure surface water is managed within the site in accordance with Environment Policy 22 (i).
C 3. The development hereby approved shall only be used in association with the family equestrian activities at Ballakillowey Farm and shall not be used for any other purposes. If the building hereby approved is not used for a period in excess of 12 months then within 18 months of its last use it shall be removed from the site and the ground restored to its former grassland condition.
Reason: The quarantine stables hereby approved are only acceptable in this location because of the special circumstances. The building has been approved away from the main group of buildings specifically to meet equestrian isolation need. If the equestrian use ceased the isolated building would result in an unwarranted intrusion in the countryside and so be removed.
This application has been recommended for approval for the following reason.
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Due to the design scale, materials and position within the site, the building does not cause harm to residential amenity or landscape character. The proposal is for a specific equestrian need within the existing equestrian operational activity. The proposal is considered acceptable in terms of need and in accordance with Environment Policy 1, Environment Policy 19 and Environment Policy 21 and General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following Plans, drawings and detail received on the 4th of June 2025; unless stated otherwise.
o Location Plan Drawing no.NCES-01 o Site Plan Drawing no.NCES-02 o Proposed Block Plan Drawing no.NCES-04 o Proposed Plans and Elevations Drawing no.NCES-05 o Covering letter __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Highways Services - No objection o Arbory and Rushen Commissioners - No objection __
Officer’s Report
THE SITE 1.1. The application site is within the ownership and lands associated with Ballakillowey Farm. The Farm is situated on the west side of Ballakillowey Farm on the A36 approximately 500m north of the roundabout junction to Port Erin and Port St Mary, just before the peak of the hillside. There are two tracks off the A36; heading up hill the first is to the farm the second is shared with a residential dwelling 'The Cottage'.
1.2. There are other dwellings further north and south however the majority of the land is open countryside.
THE PROPOSAL 2.1. Planning approval is sought to retain a stable building that has been erected; therefore this application is retrospective. The application is supported by plans and a letter explaining the reason and purpose for the stables; Due to the farm having horses on livery that travel off and on the Island between March and October the stables were constructed to provide isolation stabling. This enables the horses to be stabled in isolation upon return to the Island in accordance with guidelines from DEFA and 'The British Horse Society'. Recent outbreaks of infectious disease off Island led to the erection of the stables.
2.2. The building provides three sections, two stables and one tack room to store all necessary food and equipment. The approximate stable building measurements are as follows; width 9.3m, depth 3.6m, mono pitch roof height at the front 2.6m, height at the rear 2.2m.
2.3. The materials are as follows; dark green metal roof; dark brown horizontal timber cladding above white painted render plinth; timber doors painted to match the cladding and black upvc gutters and rainwater goods.
PLANNING POLICY
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3.1. Site Specific 3.1.1. The site is in open countryside on land not allocated for development. 3.1.2. On the Area Plan for the South the site is not constrained by any Public Rights of Way through or alongside the site, recorded flood zone or surface water flooding, protected trees, Conservation Area or Registered Building.
3.2. Strategic Plan 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
3.2.2. The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However, there are policies and texts within the Strategic Plan which support some equestrian-related developments provided they do not conflict with the requirements of GP3 and EP1.
3.2.3. General Policy 3 - exceptions to development in the countryside - states that development will not be permitted outside of those areas zoned for development with some exceptions.
3.2.4. Environment Policy 1 - Protection of the countryside and inherent ecology: "Development which would adversely affect the countryside will not be permitted unless there is an over-riding 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."
3.2.5. General Policy 2 provides the general development considerations that can be applied to all development. In the instance the following are considered relevant; (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; (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;
3.2.6. Environment Policy 21 - Development for stabling or shelter of animals in the countryside
3.2.7. Environment Policy 19: Paragraph 7.15.1: "Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups and designed not only to blend with their surroundings but also to suit their specific purpose".
OTHER MATERIAL CONSIDERATIONS
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4.1. The Isle of Man's Biodiversity Strategy (2015 - 2025) outlines why it is important to protect biodiversity and advises that the ability to adapt to changes is important to protect biodiversity from disease.
4.2. IOM Code of practice for the welfare of Horses, Ponies, Donkeys and their hybrids September 2023 in conjunction with the Animal Welfare Act 2023 requires that horses should have adequate stabling and be protected from amongst other things, disease.
PLANNING HISTORY 5.1. There is previous planning history relating to the construction of agricultural buildings within the boundaries of ownership but none are considered relevant to this application.
REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.2. Local Authority: 6.2.1. Arbory and Rushen Commissioners - (26.06.2025) supported.
6.3. Statutory Bodies 6.4. Highway Services - (17.06.2025) Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site access and layout is acceptable for the proposals. 6.5. DEFA Forestry, Amenity and Lands - (23.06.2025) There are no registered trees impacted and it appears that the likely construction would have little impact upon the retained trees; we have no objection at this juncture to this proposal in its current form.
ASSESSMENT 7.1. The fundamental issues to consider with this application are; (7.2) The principle of the proposed development (GP3, EP1, and Paragraph 7.15.1); (7.3) Design and external appearance (EP 21 & GP2); (7.4) Impact on Residential Amenity (GP2) (7.5) Other
7.2. Principle of Development (Need) 7.2.1. The assessment of applications like this begins with recognizing that whilst the site is not in an area designated for development it is in an area already encompassed within land used for equestrian activity. In addition the purpose is to quarantine horses returning to the Island before stabling them with horses that have not been off the Island.
7.2.2. While General Policy 3 and Environment Policy 1 establish a presumption against development in this countryside location, Environment Policies 19 and 21 provide that equestrian-related developments may be permissible, subject to certain conditions. These include ensuring the building's style, design, and finish are appropriate for its intended use. Additionally, as equestrian developments typically require substantial land, they are generally situated in rural areas (Paragraph 7.15.1).
7.2.3. Proposals of this nature must demonstrate sufficient justification for the development. Paragraph 7.3.1 of the Strategic Plan, when addressing development in rural environments, emphasizes the need to balance conservation with development. It states: "Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development." In this context, the stable building has been placed out of public site and due to other topographical, built and vegetative forms the building is screened from public views of the countryside. The code of practice for keeping horses highlights the necessity of stable facilities for emergencies, such as illness (disease) or injury, emphasizing that such provisions must be made in advance.
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7.2.4. The building has been designed to meet the essential requirements for housing two horses, along with storage for hay and basic equipment away from the main stable. This would provide a good quarantine facility for an established equestrian site competing off Island on a regular basis. 7.2.5. The logistical challenges of off-site stabling for quarantine when returning to the Island would be impractical and generate unnecessary traffic activity. The building clearly meets a need to be able to quarantine horses quickly if the need arose.
7.2.6. Considering the welfare requirements of the applicant's animals and the absence of viable alternatives, the principle of retaining the stable on this site is considered acceptable.
7.3. Design and external appearance. 7.3.1. The design of the stable is simple with a dark low profile metal roof and dark painted timber panels above rendered panels. The material finishes are in keeping with the colours and finishes used in other buildings within the site. This ensures the development would not be unduly intrusive or out of place within its rural surroundings. This is especially relevant given the presence of existing equestrian and agricultural buildings in this part of the countryside, which helps the stable align aesthetically with its environment.
7.3.2. The scale and position results in the building not being visible in any near-to public views, including the adjacent residential dwellinghouse. If seen in any wider views the building will appear as it is in the context of the existing building group and roofscape.
7.4. Residential amenity 7.4.1 Due to the proximity of the adjacent dwellinghouse consideration has been given to any adverse impacts such as storage of manure. During the site visit the applicant explained that manure would be collected, as it is for the main stable, and taken to the far end of the site where the manure keep exists. As such there are no concerns regarding smells.
7.4.2 Consideration has been given to drainage and where the additional rainwater would be directed. As a result a condition is proposed to ensure that rainwater is directed away from the neighbour's boundary.
7.5. Other Matters 7.5.1 The balance between allowing development in this location of the countryside is that there is an identified need to ensure protection from disease risk as a result of equestrian activity on and off the Island. No harm in terms or residential amenity or harm to the landscape has been identified.
CONCLUSION 8.1. The proposal is of a reasonable proportionate and practical scale, providing space necessary to house the applicant's own animals with associated storage for feed, bedding and other equestrian equipment necessary to isolate up to two horses in the event of illness or upon return to the Island. No harm to residential amenity or landscape is observed. Therefore retention of the stable is considered acceptable in terms of need and visual impact and to meet with the tests of EP1, EP19 and EP21 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
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9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 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 the Right to Appeal. __
I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 28.08.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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