213971

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91373/B Applicant : Mr Kieren Mildwaters Proposal : Erection of polytunnel, glasshouse and barn/stables Site Address : Part Fields 312149 & 312151 Ballachrink Farm Brack A Broom Lane Poortown Peel Isle Of Man IM5 2AP

Planning Officer: Paul Visigah Photo Taken : 19.03.2025 Site Visit : 19.03.2025 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 29.04.2025 __

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. No retail sales shall take place from any of the buildings hereby approved.

Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details.

C 3. The building/structures hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for agricultural or horticultural purposes.

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

C 4. The building/structures may only be used for horticultural, agricultural or equestrian purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of a horticulture and equestrian need only.

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C 5. The stables shall be for private use only and not for any commercial or private livery use.

Reason: In view of the location of the site in the countryside and the nature of the adjoining road, the Department does not consider the site suitable for anything other than private use.

C 6. Prior to the removal of any tree on site, a Bat Roost Assessment shall be undertaken by a suitably qualified ecologist to determine the presence of bat roosts or potential roost features. The findings, including any required mitigation measures, shall be submitted to and approved in writing by the Department. The development shall be carried out strictly in accordance with the Roost Assessment.

Reason: To provide adequate safeguards for ecological species existing on the site or in the immediate vicinity.

C 7. Prior to the installation of any lighting within or associated with the glasshouse, a detailed lighting scheme shall be submitted to and approved in writing by the Department. The scheme must be designed in accordance with the recommendations of the BCT and ILP Guidance Note 8: Bats and Artificial Lighting (12th September 2018) to minimize disruption to nocturnal wildlife.

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.

The development shall not be carried out other than in accordance with the approved scheme.

Reason: To ensure artificial lighting within and around the glasshouse does not negatively impact wildlife, safeguarding biodiversity.

C 8. No later than the first planting season following the buildings hereby approved being brought into use, all tree planting associated with the development shall be carried out in strict accordance with the approved landscape drawing. Any alterations to the species, location, or planting arrangement must be submitted to and approved in writing by the Department prior to implementation.

Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become 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 ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.

C 9. All tree protection measures associated with the development shall be carried out in strict accordance with the approved Wilson Tree Care Ltd Arboricultural Impact Assessment (AIA) - BS 5837, specifically within Section 5: Arboricultural Impacts, and the Tree Protection Plan (TPP) Drawing No. 5112-WTC-TPP-V1.

Within the Construction Exclusion Zones identified on Drawing No. 5112-WTC-TPP-V1, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.

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Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

C 10. The installation of the glasshouse glazing must be installed with methods for the prevention of bird strike which may include etching, decals or ultraviolet coatings prior to the building being brought into use and shall be retained as such thereafter.

Reason: in the interest of preventing bird strike minded of the large size and rural location of the glasshouse.

This application has been recommended for approval for the following reason. The proposed development is considered acceptable as it aligns with Business Policy 1 of the Isle of Man Strategic Plan, supporting rural economic diversification through sustainable agricultural and horticultural practices. The siting, scale, and design of the structures adhere to Environment Policy 1 and General Policy 2, ensuring that they do not detract from the character or visual integrity of the countryside. The careful integration of features such as natural screening, tree protection measures, and drainage management minimizes potential ecological impacts, maintaining compliance with Environment Policies 1 and 4, which emphasize the importance of preserving countryside habitats and biodiversity. Furthermore, the proposal meets the requirements of Environment Policy 15 and Environment Policy 17 by demonstrating agricultural and horticultural need and ensuring the structures harmonize with the rural landscape. The development represents a balanced approach that promotes resource efficiency, aligns with strategic goals, and preserves the intrinsic environmental qualities of the area.

Plans/Drawings/Information;

This decision relates to the following documents and plans:

Drawings: 1. Drg. 07 Rev A - Landscape Details (12 February 2025) 2. Drg. 01 Rev A - Site and Location Plan (12 February 2025) 3. Drg. 02_1_200_SITE_PLAN (5 December 2024) 4. Drg. B210-LS - Topographical Survey (Sheet 1) (5 December 2024) 5. Drg. B210-LS - Topographical Survey (Sheet 2) (5 December 2024) 6. Drg. 03_GLASSHOUSE_POLYTUNNEL_PLANS_ELEVATIONS (5 December 2024) 7. Drg. 04_EXISTING_BARN_SURVEY_DRAWING_LQ (5 December 2024) 8. Drg. 05_PROPOSED_BARN_STABLES_DRAWING_LQ (5 December 2024) 9. Drg. 06_PROPOSED_STABLES_FIRST_FLOOR_SECTION (5 December 2024) 10. Drg. SS-01 - BARN_SURVEY - Sections (5 December 2024) 11. Drg. GLASSHOUSE DETAIL (6 December 2024) 12. Drg. QU20891-001 Rev A - POLYTUNNEL DETAIL (6 December 2024)

Documents: 13. COVER_LETTER (5 December 2024) 14. Planning Statement (5 December 2024) 15. Wilson Tree Care Ltd (WTC) Arboricultural Impact Assessment (6 December 2024) 16. PHOTO_MILDWATERS_BALLACHRINK_A (5 December 2024) 17. SITE PHOTOS NO 2 (6 December 2024)

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI Highways - No objection

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: o German Commissioners - Objection

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: o Ballacooil Cottage, Lhagg Road, Dalby for Brack-a-Broom Farm, which adjoins Ballachrink Farm

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: o 13 Mona Street, Peel; o Close e Geary Cottage, Poortown, Peel; o The Haven, Poortown, Peel Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b)) __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE ARE 4 OBJECTIONS FROM MEMBERS OF THE PUBLIC, BUT THE APPLICATION IS RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1 The application site comprises Part Fields 312149 & 312151, which exists as part of Ballachrink Farm, Brack-A-Broom Lane, Poortown, Peel. The farm houses a detached farmhouse with several outbuildings including three agricultural sheds and a long stone barn, located to the west of the house. The stone barn is set between the agricultural buildings which have been attached to the barns long sides and are representative of modem steel framed, profiled metal sheet covered structures to house livestock or store fodder crops.

1.2 Access to the site is via Brack-A-Broom Lane which is a single-track road that connects Poortown Road to Glen Mooar Road St Johns. The sites lies in the open countryside although it is screened from its immediate surroundings by mature hedgerows and tree belts on its boundary.

1.3 The proposed buildings and structures are to be situated about 160m from the dwelling at Brack-A-Broom, and 160m from the agricultural buildings at this neighbouring site. No other property is within close proximity.

2.0 THE PROPOSAL 2.1 Planning approval is sought for erection of polytunnel, glasshouse and barn/stables.

2.2 The proposed barn/stable would be erected just north of the existing stone barn situated northwest of the existing dwelling on site. The building would have an overall area measuring 14.99m x 11.9m (178.38sqm) and be 7.3m tall from the lowest point to the top of its ridge. The building would be finished externally in Eternit UrbanPro" fibre cement profile sheeting, or powder coated steel box profile sheeting or corten steel sheet cladding, although the West facing gable wall is to be built on concrete block work faced with minimum 200mm

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thick traditionally laid Manx natural stone work to be laid with concealed mortar joints to provide a dry stone wall effect. Low retaining walls is to be built to connect the eastern elevation to the existing barn to create a courtyard between the existing barn and the new barn/stable. Solar panels would be installed over the south eastern roof plane.

2.3 The barn section would measure 6.6m x 14.9 and be 7.3m tall, while the stable section would be 5.5m x 14.9, and be 3.9m tall where it connects with the barn, and 2.8m at the lower roof section.

2.4 The Glasshouse and polytunnel would be positioned northwest of the existing garden beds, which is situated northwest of the main dwelling and existing barn. 2.4.1 The Glasshouse would measure 20m x 9.6m and be 4.9m tall (4m to the eaves). The building would be finished in Aluminium framing with glass panels.

2.4.2 The Polytunnel would measure 20.1m x 9.14m and would be 4.4m tall from the ground level to the top of its arched roof (2.3m tall on its eave level) which slopes towards the top. The polytunnel is to be finished in Aluminium framing with plastic sheeting over.

2.5 The following additional information are provided in the Planning Statement: 1. The proposed barn/stables will have two large doors for vehicle access and will store farm equipment, animal feed, and accommodate horses, including isolation space. 2. Current equipment includes a compact tractor, larger tractor, quad bike, UTV, 2.7-tonne digger, flatbed truck, and various attachments. Future equipment will include larger machinery for heavy horses. 3. A small courtyard will be finished in cobbles or rustic block paving for safe horse access to the stables and lean-to store on the existing barn upper level. 4. Retaining walls will be introduced to account for natural gradients. 5. Existing electric and telecommunications lines will be relocated underground. 6. The glasshouse and polytunnel are for establishing a commercial market garden. The polytunnel will produce standard fruits/vegetables and can also act as a poultry shed in winter. The glasshouse will be used to produce exotic fruits/vegetables (e.g., Asian varieties). There is a market for locally grown exotic fruits/vegetables, given the number of Filipino and Thai community members and local Thai/Chinese restaurants. 7. The applicants have access to 40 acres of land. A 40-acre farm is not considered economically viable for traditional livestock or grass farming; hence, the focus will be on niche, high-value products like the market garden and exotic vegetables. 8. The existing stone barn is not suitable for storing modern farm equipment due to narrow doors designed for horses. The small lean-to on the side of the barn is insufficient for larger equipment, which must be stored outside or off-site. The barn is better suited for storing and packing produce grown on the farm. 9. The location for the buildings has been chosen as it is the least productive farmland, closest to the main access and existing buildings, and well screened by existing trees.

2.6 The application is supported by an Arboricultural Impact Assessment Prepared by Wilson Tree Care and dated 20 October 2024: It details the following: 1. Tree Removals: Six Category U trees and one Category U group are recommended for removal due to poor condition and short life expectancy. 2. Arboricultural Impacts: a. The proposed development includes works within the Root Protection Areas (RPAs) of one tree group (G3). b. Concerns about potential damage to tree roots and soil compaction due to construction activities. c. Mitigation measures are recommended to minimize these impacts, including protective fencing, ground protection, specialist foundations, and hand-digging techniques. 3. Tree Protection Measures: a. Temporary barriers and ground protection will be used to safeguard RPAs.

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b. Specialist foundations and excavation techniques will minimize damage to tree roots. 4. Tree Survey Summary: a. The survey identified 12 individual trees and five tree groups. b. Recommendations for management and retention are based on their condition and categorization.

3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The land as designated as not zoned for development and sits within a rural part of the open countryside on the 1982 Development Plan. The site is not within a Conservation Area or Registered Tree Area, and there are no registered trees on site. The site is also not prone to flood risks or within an Area of High Landscape or Coastal Value and Scenic Significance.

3.2 National: STRATEGIC PLAN (2016) 3.2.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning application:

3.2.2 Relevant Strategic Plan Policies: 1. General Policy 3 - Exceptions to development in the countryside. 2. General Policy 2 - General Development Considerations. 3. Environment Policy 1 - Protection of the countryside and inherent ecology. 4. Environment Policy 4 - Protects biodiversity (including protected species and designated sites). 5. Environment Policy 5 - Mitigation against damage to or loss of habitats. 6. Environment Policy 7 - prohibits developments that harm watercourses, wetlands, or similar habitats unless mitigation measures are effective. Applications must identify nearby watercourses, prevent water quality harm, and avoid development within 8 meters to protect ecosystems. 7. Environment Policy 13 - Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 8. Environment Policy 14 - Prohibits development leading to the permanent loss of high- quality agricultural land (Classes 1-2) unless there is an overriding need and no lower-quality land is available. 9. Environment Policies 15 and 17 - Refers to the visual appearance and best location of agricultural or horticultural buildings. 10. Environment Policy 19 - Permits equestrian development in the countryside only if it preserves local amenity, high-quality agricultural land (Classes 1 and 2), and ensures the local highway network can handle increased traffic. 11. Environment Policy 21 - Prohibits animal shelter buildings in the countryside if they harm its character or appearance in terms of siting, design, size, or finish, requiring designs to suit their purpose and avoiding cavity-wall construction. 12. Strategic Policy 1 - Promotes resource efficiency by ensuring efficient site use (b) and utilizing existing and planned infrastructure (c). 13. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. 14. Strategic Policy 5 - Design and visual impact. 15. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. 16. Transport Policy 4 - Highway safety. 17. Business Policy 1 - Encourages the growth of employment opportunities across the Island, provided development proposals comply with this Plan's policies. 18. Paragraph 7.14.1 (Horticulture): "The use of land for horticulture, market gardens or nursery grounds is common on the Island and often found on sites in the urban fringe or free-standing in the countryside. Such uses can contribute to the economic activity of rural areas, but the requirement for buildings and

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adequate access and parking spaces means that such developments can be intrusive in the countryside. The development and expansion of such sites needs to be carefully managed particularly where there are traffic implications and in order to prevent the proliferation of buildings, which may include growing tunnels and external displays and greenhouses, leading to an adverse impact on the character of such areas."

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.1.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

4.2 DEFA's Food Matters Strategy 2015-2025 4.2.1 This is a development strategy to grow the economic contribution of Isle of Man Food and Drink from 2015 to 2025.

5.0 PLANNING HISTORY 5.1 The site has not been subject of any recent planning application that is considered relevant in the assessment and determination of the current application.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 The DOI Highways comments indicate no significant negative impact on highway safety, network functionality, or parking due to the proposal. The existing access and layout are deemed acceptable for the relatively small size of the proposals, provided a condition is applied to restrict the proposals to private use only for road safety and accessibility purposes (7 January 2025).

6.2 German Parish Commissioners (16 January 2025): Raised concerns about infrastructure, noting that access to the site is via a single-track road, which is unsuitable for heavy goods vehicles.

6.3 DEFA Ecosystem Policy Team has no objections, subject to conditions (5 March 2025). Key points include: 1. Mature trees in the area likely support bats, birds, and invertebrates, and their removal should be carefully managed. Retaining dead trees where safe is recommended due to their ecological value. 2. Lighting in the glasshouse could harm nocturnal wildlife; a sensitive lighting plan must be submitted and approved. 3. Measures to prevent bird and bat strikes on the glasshouse (e.g., etching or coatings) must be submitted and approved. 4. Thorough checks for bats must occur prior to tree felling, with work halted if bats are found. 5. Tree planting must align with the provided landscape drawing.

6.4 Owner/occupier of 13 Mona Street, Peel (20 January 2025), has objected to the application, citing the following concerns: 1. The proposed greenhouse and poly tunnel are not in keeping with the area, being of commercial scale. 2. Tree removal to increase light and protect the structures is viewed as inappropriate, given the ecological impact and interference with roosting bats and birds. 3. The potential for light pollution could negatively affect local wildlife.

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4. Brack-A-Broom Lane, a poorly maintained grassy lane, is unsuitable for heavy vehicles. Concerns are raised about further damage to the road and the stream running under it, which has already caused partial collapse.

6.5 Owner/occupier of Ballacooil Cottage, Lhagg Road, Dalby for Brack-A-Broom Farm, which adjoins Ballachrink Farm (20 Jan 2025/4 Feb 2025/3 Mar 2025) objects to the planning application, citing the following concerns: 1. Contrary to Environment Policy 15: The application fails to establish agricultural or horticultural need sufficient to outweigh the general policy against development in the countryside. 2. Limited farming activity: Farming at Ballachrink Farm has been minimal, focused on small-scale activities such as poultry, pigs, and vegetable gardening, insufficient to meet active farming criteria or justify development. 3. Impact on Brack-A-Broom Lane: Increased traffic will exacerbate the poor condition of the single-track lane, damaging fragile hedgerows and verges, and posing safety risks. An independent assessment of traffic impact and lane conditions is recommended. 4. Adverse impact on countryside character and ecology: Tree removal and pruning will detract from the lane's natural beauty, replace it with intrusive structures, and harm wildlife habitats. An ecological appraisal and assessment of artificial light impact are requested. 5. Siting and scale of structures: The glasshouse and polytunnel are large, visible, and located close to the highway, violating policies on countryside preservation and residential amenity. 6. Light pollution concerns: Artificial lighting from the structures may harm local wildlife and affect nearby properties, breaching several Environment Policies. 7. Stone barn proposal: The proposed building is overly elaborate, equestrian in nature, and raises concerns about future residential conversion, contrary to Environment Policy 21. 8. Comparison to Brack-A-Broom approval: The application's parallels to the neighbouring approval are unfounded, with the current proposal involving new development and habitat removal, unlike the downsizing and rationalization involved in the previous approval.

6.6 Close e Geary Cottage, Poortown, Peel (27 January 2025): Objects to the proposed poly tunnel and glasshouse, providing the following reasons: 1. The development would be out of keeping with Brack-A-Broom Lane. 2. Suggests relocating the structures closer to Poortown Road with a new access lane. 3. Increased traffic would damage the lane's infrastructure and exacerbate existing issues. 4. The lane hedges are privately owned, and the highway board rarely maintains the lane, leaving potholes unaddressed.

6.7 The Haven, Poortown, Peel (Mon 20 Jan 2025) objects to the application based on the following concerns: 1. Traffic Concerns: Brack-A-Broom Lane is a small, quiet country lane with no passing places, leading to a dangerous junction with Poortown Road. The lane is unsuitable for increased traffic, which would damage hedgerows and cause damp problems due to vehicle wash during heavy rain. Flood waters also pose a risk to the property. 2. Impact of Large Structures: The proposed glasshouse and polytunnel are very large (approximately 20m long by 10m wide and 4m high at the eaves), and their placement next to the lane will detract from its rural charm. The removal of trees will worsen the impact, and there are concerns about light pollution from these structures. 3. Tree Removal: The resident objects to the removal and interference with trees around Brack-A-Broom Lane, which contribute significantly to the landscape and character of the lane. 4. Stone Barn Proposal: There is already an unused stone barn on the site, and the rationale for an additional stone barn on such a small holding is questionable.

7.0 ASSESSMENT 7.1 The key issues to consider in the assessment of the application are: 1. The principle of the development;

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2. The impact the development will have on the character of the countryside; 3. Neighbouring amenities; 4. Ecological impacts; 5. Highway Safety; and 6. Trees and Ecology

7.2 THE PRINCIPLE (GP2, STP 5, GP3, EP 1, EP 15, EP 17, EP 19, EP 21) 7.2.1 Polytunnel and Glasshouse 7.2.1.1 In assessing the principle of erecting the polytunnel and glass house, it considered that there is a presumption against developments that would adversely impact the rural character of the countryside. General Policy 3 (GP3) reinforces this by restricting development outside designated areas unless it serves essential agricultural or horticultural purposes, or an overriding national need without a viable alternative. Environment Policy 1 (EP1) further emphasizes the importance of protecting the countryside and its ecological integrity for its own sake, limiting developments to those with demonstrable and justified need.

7.2.1.2 The applicant has effectively substantiated the proposed agricultural and horticultural use of the site through a well-documented submission. This includes detailed site and floor plans, alongside photographs illustrating the existing site conditions and intended purposes for the polytunnel and glasshouse. Such evidence aligns with Section 7.14 of the Isle of Man Strategic Plan, which outlines acceptable uses for agricultural and horticultural activities. Furthermore, Environment Policy 15 (EP15) requires that such structures meet a proven need and are designed to be sympathetic to the surrounding landscape.

7.2.1.3 The proposed polytunnel and glasshouse are designed as non-permanent structures, ensuring they can be dismantled and removed when no longer required. This approach mitigates concerns regarding their long-term impact on the countryside's character, in adherence to Environment Policy 15. Additionally, the careful siting near existing structures reduces visual intrusion, consistent with Environment Policy 17 (EP17).

7.2.1.4 Based on the evidence provided, the combined footprint of 375.71sqm for the proposed polytunnel and glasshouse is proportionate and justified to support a predominantly horticultural operation on a 40-acre site. This application adheres to relevant planning policies, including the stipulations in General Policy 3 (GP3) and Environment Policy 15, which prioritize agricultural and horticultural developments that respect rural character and minimize environmental impact.

7.2.2 Stables/Barn 7.2.2.1 The policies referenced in Section 3.2 and Paragraphs 7.2.1.1 and 7.2.1.2 of this report establish a general presumption against new developments in the countryside (Environment Policy 1 and General Policy 3), whilst noting that General Policy 3(f) provides exemptions specifically for agricultural buildings, while Environment Policies 19 and 21 allow equestrian activities and associated buildings in the countryside. Furthermore, Paragraph 7.15.1 acknowledges that equestrian activities are becoming increasingly popular in rural areas and on the fringes of towns and villages, noting that they can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. These policies emphasize that such developments should not result in detrimental impacts to the character and appearance of the countryside, adverse effects on local amenity, loss of high-quality agricultural land (Classes 1 and 2), or unmanageable strain on local highway networks. The proposed stable/barn satisfies these principles by demonstrating its necessity for agricultural productivity and equestrian diversification, while remaining consistent with policies that protect the countryside's character and support rural economic sustainability.

7.2.2.2 In this case, the site is located on land not zoned for development. However, the application demonstrates significant agricultural elements warranting exception under General Policy 3(f). The Planning Statement and Agricultural Needs document outline the necessity of

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the proposed barn for securely housing essential equipment and machinery to support livestock and arable farming. In addition, the stable component addresses the growing demand for equestrian facilities within rural areas, as recognized by Environment Policies 19 and 21. The principle of development is further strengthened by its dual-purpose function, with the barn sustaining essential agricultural operations and the stable contributing to equestrian activities that diversify rural land use. Together, these uses align with policy objectives to support rural economies and enhance land productivity while safeguarding environmental integrity.

7.2.2.3 Regarding the stabling element of the stable/barn building, it is considered that the building meets the policy provisions for equestrian-related development, as outlined in Environment Policies 19 and 21, which allow for exceptions to the general presumption against countryside development. These policies recognize equestrian activities as vital for diversifying rural economies and supporting sustainable land uses in countryside settings. The inclusion of equestrian facilities enhances the agricultural use of the site and contributes to the vitality of the rural economy, ensuring the development aligns with the Strategic Plan's overarching goals for countryside sustainability and productivity.

7.2.2.4 The applicant has justified the necessity of the stable/barn building in this location. The barn's agricultural function supports livestock and arable farming, contributing directly to the Isle of Man's rural economy. The stable component caters to equestrian activities, reinforcing the site's multi-functional role. Site visits confirm that the building is appropriately located adjacent to existing structures, ensuring compatibility with the surrounding countryside and avoiding unnecessary intrusion on undeveloped land. The principle of development successfully integrates the dual-purpose use of the stable/barn into the rural setting, meeting the requirements of General Policy 3(f) and Environment Policies 19 and 21 by balancing economic utility with countryside preservation.

7.3 IMPACT ON THE CHARACTER OF THE COUNTRYSIDE (EP 15, EP 17, and EP 21) 7.3.1 In assessing the impact on the countryside, it is considered that the new structures would be sited in an area largely screened by surrounding trees, which would limit distant views of the buildings. However, the low height of the sod banks along the track serving the site and its neighbours means that the polytunnel and glasshouse would be noticeable when passing the site, while the barn/stable would remain mostly hidden from view. Notwithstanding this, the design and siting of the structures within an area already containing existing buildings ensure that they would be perceived as part of the background and context of the established site. The structures would blend with the surrounding area, which includes other farm buildings, and align with the existing layout of the field. As such, the development would not appear out of place, and no significant additional impact on the surrounding countryside is anticipated.

7.3.2 Environment Policy 1 emphasizes the importance of protecting the countryside and its ecology for their intrinsic value, permitting development only where it does not adversely impact the rural landscape. The proposed barn/stable, polytunnel, and glasshouse have been carefully sited to limit disruption to the countryside's character. While the barn/stable includes four stables, its size has been designed proportionately to serve its multi-functional purpose without overwhelming the rural landscape. The mature boundary trees and hedgerows provide effective screening, ensuring that the scale of the structures does not detract from the openness or visual quality of the area. The careful siting and screening of the buildings demonstrate sensitivity to the rural environment, supporting the protection of the countryside in line with EP 1.

7.3.3 Environment Policy 15 applies to agricultural buildings where a demonstrable need has been established, requiring new structures to be appropriately sited and scaled to minimize their impact on the landscape. The proposed barn adheres to this policy by being positioned adjacent to existing structures and designed to accommodate its agricultural use. While the barn features a height of 7.3 meters and an area of 178.38 square meters, it is divided into

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sections to house equipment, feed, and storage in addition to its equestrian function, with the stable section set considerably lower in terms of its overall height and this diminishes the bulk of the building, ensuring the scale is proportional to the farm's operational needs. The inclusion of a traditionally laid Manx stone west-facing gable wall which on the road facing elevation further integrates the barn into the existing stone barn, further serving to facilitate its integration into the rural setting, reducing its visual impact while preserving the countryside's character.

7.3.4 Environment Policy 17 provides guidance on horticultural developments such as the polytunnel and glasshouse, emphasizing that they must harmonize with the character of their surroundings and avoid adverse impacts. The polytunnel measures 20.1 meters by 9.14 meters and is 4.4 meters high, while the glasshouse measures 20 meters by 9.6 meters and is 4.9 meters tall. These structures are proportionate to their horticultural purpose and carefully positioned northwest of existing garden beds to facilitate their compatibility with the extant use of this part of the site. The existing mature trees and hedgerows provide screening, ensuring that the scale and form of the structures remain consistent with the rural landscape and do not intrude upon the countryside's character.

7.3.5 Environment Policy 21 requires that stabling facilities be designed to avoid detracting from the character and appearance of the countryside. The stable section of the barn incorporates four stables, divided into sections measuring 5.5 meters by 14.9 meters with a height ranging from 3.9 meters to 2.8 meters. The lower roof profile ensures the stables are not visually dominant within the rural setting. The building's compact footprint and careful integration into the site layout minimize its impact, while its functional design ensures alignment with the equestrian purpose, meeting the policy's requirements.

7.3.6 The proposed development demonstrates compliance with the relevant policies assessing impact on countryside character, including EP 1, EP 15, EP 17, and EP 21. The barn/stable, glasshouse, and polytunnel are carefully sited and proportionate to their intended uses, benefiting from natural screening provided by existing mature trees and hedgerows that effectively minimize visual intrusion. While views of the horticultural buildings are possible due to the low boundary sod bank along the access track, these localized impacts are not substantial enough to detract from the countryside's overall character or openness. The sensitive integration of the structures into the rural landscape ensures their alignment with policy requirements, supporting sustainable rural development without compromising the area's visual or environmental integrity. Consequently, the development is considered acceptable in its impact on the countryside's character.

7.4 IMPACTS ON ECOLOGY/ TREES (EP1, EP3, EP4, EP5 & EP 7) 7.4.1 The proposed development acknowledges the significance of the site's mature hedgerows and tree belts, ensuring their preservation in line with Environment Policy 1, which prioritizes countryside ecology. While six Category U trees and one tree group require removal due to poor condition and limited lifespan, this aligns with Environment Policy 3. To minimize disruptions to the remaining tree population, proactive conservation measures, such as root pruning and the establishment of Tree Protection Zones (TPZs) are integrated into the development. Protective fencing, ground protection techniques, and specialist foundations within Root Protection Areas (RPAs) will help prevent soil compaction and root disturbance. In accordance with GP2(f), the development retains and integrates existing landscape features, particularly mature trees, ensuring minimal alteration to the site's natural characteristics. Undergrounding existing overhead utilities will safeguard root systems from unnecessary interference, supporting long-term tree health and stability. A detailed plan will outline undergrounding techniques, expected timelines, and coordination with other construction activities to minimize disruption. Conditions will be imposed to ensure these tree protection measures remain integral to the development.

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7.4.2 Beyond tree management, the proposal considers broader biodiversity concerns, ensuring the preservation of habitats that hold the potential to support biota along the site boundary, which includes the sod banks and adjoining water course. The site's existing tree cover plays a vital ecological role, offering connectivity between habitats and serving as a refuge for local wildlife, and these would be largely retained. The development footprint has been carefully planned to avoid undue disruption to potential habitat features, with mitigation measures in place to prevent habitat fragmentation. In line with Environment Policy 5, any unavoidable impacts will be minimized through sustainable land management practices, including habitat conservation, disturbance reduction strategies, and ecological compensation where necessary. The strategic placement of retaining walls to accommodate site gradients reinforce the commitment to minimizing ecological harm while promoting agricultural sustainability.

7.4.3 The proposal demonstrates a conscientious approach to integrating development with ecological and tree conservation objectives, aligning with established environmental policies. While the removal of deteriorated trees is unavoidable, the broader commitment to ecological protection ensures a responsible balance between land use and environmental preservation. The incorporation of biodiversity-sensitive planning techniques, tree protection measures, and sustainable agricultural strategies strengthens the resilience of both natural and built environments. Given the extensive mitigation provisions, the development presents a balanced and acceptable solution that respects the ecological integrity of the Isle of Man's countryside while fostering agricultural innovation, and as such align with the principles promoted by EP1, EP3, EP4, EP 5, EP 7 and GP2 (d & f) of the Strategic Plan.

7.5 IMPACTS ON NEIGHBOURS AMENITIES (EP 22 and GP2) 7.5.1 The proposed development is located in a remote rural area, ensuring minimal direct impacts on neighbouring properties. The nearest neighbours 'Brack-A-Broom' and its associated agricultural buildings are situated approximately 160 meters away from the proposed site, while no other residential properties lie within close proximity. This substantial separation significantly reduces the potential for disruption to residential amenities. Likewise, natural screening features such as mature hedgerows, tree belts, and sod banks along the site boundaries provide effective buffers against noise and visual intrusion, ensuring the structures remain unobtrusive and well-integrated into the rural landscape. The positioning of the proposed barn/stables, glasshouse, and polytunnel near existing access routes and buildings further minimizes the potential for impacts.

7.5.2 In compliance with Environment Policy 22, the development incorporates measures to address potential emissions from farm and horticulture activities. Noise mitigation from agricultural operations, including equipment use and animal activity is achieved through the site's remote location and natural screening. Similarly, odour impacts associated with housing horses and handling feed will be minimized through the positioning of the stable away from nearby properties. These measures ensure odour does not detract from the amenity of neighbours.

7.5.3 Measures to mitigate the risk of water pollution have been carefully integrated into the proposal, aligning with EP 22(i). The retaining walls and sod banks prevent water runoff and safeguard the adjacent watercourse. These strategies reflect a commitment to sustainable land management and the protection of environmental resources.

7.5.4 Based on the foregoing, it is considered that the proposed development complies with Part (g) of General Policy 2, ensuring it does not adversely affect the amenity of local residents. Moreover, it aligns with Environment Policy 22 by addressing potential issues related to noise, odour, and water pollution through proactive and sustainable solutions.

7.6 HIGHWAY SAFETY (TP 4, TP 7, GP2, and EP 19)

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7.6.1 The application site is served by an existing dedicated access track from Poortown Road via Brack-A-Broom Lane, a single-carriageway-width road subject to a 10-mph speed limit. Concerns have been raised by neighbours regarding Brack-A-Broom Lane, highlighting its poor condition, partial grass covering, narrow width, and the risk of further damage to hedgerows, verges, and a stream running beneath the lane. These concerns particularly note that the lane may be unsuitable for heavy vehicles and increased traffic. However, it is worth noting that the proposal emphasizes private use only, with no evidence of activities that would require frequent or heavy commercial vehicle movements. The limited scale of the development, including the barn/stables, glasshouse, and polytunnel, ensures that its operations remain in keeping with the small-scale, private agricultural and horticultural character of the site. The Highways Authority has reviewed the application and confirmed that the existing access arrangements and site layout are sufficient to accommodate the development, provided use remains restricted to private purposes.

7.6.2 Regarding the junction between Brack-A-Broom Lane and Poortown Road, concerns about its limited visibility, lack of passing places, and potential safety hazards have been noted. However, the remote location and private-use condition ensure that the proposal will not generate significant additional traffic.

7.6.3 Suggestions to relocate the proposed buildings closer to Poortown Road with a new access lane have been noted but would be inappropriate in the current case. Creating a new access route would result in unnecessary encroachment on productive agricultural land and an adverse impact on the countryside, contrary to the principles of General Policy 2 and Environment Policy 15. The current siting, located near existing access points and infrastructure, is designed to balance operational functionality with countryside preservation and highway safety.

7.6.4 Moreover, the private nature of the proposal ensures that any increase in traffic remains minimal. By maintaining appropriate usage levels, the development prevents further degradation of Brack-A-Broom Lane, including impacts to its hedgerows, verges, and underlying stream. Additionally, the applicant's sustainable land management practices, including runoff control through the retention of natural sod banks, reduce risks of flooding and surface water impacts on the lane and nearby properties.

7.6.5 Considering these factors, the proposed development complies with TP 4, ensuring that access arrangements are safe and suitable for the scale of the proposal. It also avoids any significant impacts on highway network functionality. Furthermore, the proposal adheres to Part (h) of General Policy 2, providing safe and convenient access for all highway users, and complies with EP 19 by ensuring the local highway network can satisfactorily accommodate the limited traffic generated by the development without compromising the amenity of the area. A condition would, however, be imposed to ensure that no commercial activity is carried out at the site to minimize impacts on the highway network.

7.7 DRAINAGE/FLOODING (GP 2 & EP 13) 7.7.1 The proposed development is located in a rural area and does not fall within a recognized Flood Risk Area. Its design incorporates sustainable land management practices, such as maintaining natural sod banks and gradients, to effectively manage runoff. These measures mitigate potential risks of water pollution or excessive surface water impacts on nearby properties and infrastructure. The proposal avoids significant increases in hard surfaces and retains much of the site's natural landscape features, ensuring no additional flood risks are posed to downstream areas.

7.7.2 In accordance with General Policy 2 and Environment Policy 13 of the Strategic Plan 2016, the development prevents unacceptable flood risks on or off-site. Its drainage strategy emphasizes sustainable practices and watercourse safeguarding, aligning with policies

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promoting responsible and sustainable environmental management. As such, the proposals are considered acceptable in terms of drainage and flood risk.

7.8 OTHER MATTERS 7.8.1 Concerns regarding the stream damage beneath Brack-A-Broom Lane were raised by neighbours, emphasizing its partial collapse and the role of increased traffic in lane degradation. However, the proposed development is limited to private use with minimal traffic generation, and there is no evidence to suggest that it would exacerbate existing issues with the stream. Similarly, the flooding risks raised by "The Haven" property due to vehicle wash during heavy rain are unlikely to be impacted by the proposal, as the site is not prone to flood risks and incorporates sustainable drainage measures to manage runoff effectively.

7.8.2 Regarding the maintenance of lane hedges, stakeholders highlighted that these are privately owned and rarely maintained by the highway board. As the hedges are largely outside the site boundary and utilized by various users, potential impacts cannot be directly attributed to the development. Consequently, these concerns, while noted, are not considered significant or relevant to the determination of the current proposal.

8.0 CONCLUSION 8.1 The proposed development has raised objections from neighbours, particularly regarding its potential impact on the rural character and ecology of the countryside. Concerns have been expressed about light pollution, disruption to wildlife habitats, and tree removal, in relation to Environment Policy 1, which prioritizes the intrinsic ecological value of the countryside. Issues surrounding highway safety and the poor condition of Brack-A-Broom Lane have been noted, referencing Transport Policy 4, which emphasizes safe and suitable access arrangements. Additionally, the scale and visibility of the glasshouse and polytunnel have been criticized for their perceived intrusion on the area's natural charm, invoking Environment Policy 17 on minimizing visual impacts for horticultural developments.

8.2 Despite these objections, the proposed development adheres to several relevant policies, demonstrating compliance with Environment Policy 15, which permits agricultural buildings with proven need and ensures minimal impact on the landscape, and Environment Policy 17, which supports well-sited horticultural structures. Careful siting of the barn/stables near existing buildings and effective screening through mature hedgerows align with Environment Policy 21, which encourages equestrian-related development that maintains the countryside's character. The drainage strategy adheres to Environment Policy 13, safeguarding water quality and minimizing flood risks. Sustainable practices to protect trees and wildlife habitats address the provisions of Environment Policies 3, 4, and 5, emphasizing biodiversity conservation and mitigation of ecological impacts. Furthermore, compliance with General Policy 2 ensures that neighbouring amenities are protected, and appropriate access is maintained.

8.3 While concerns regarding ecological impacts, visual intrusion, and highway safety are valid and warrant consideration, the development has incorporated thoughtful design and mitigation measures that align with strategic policies such as Environment Policies 1, 3, 4, 5, 13, 15, 17, and 21, as well as General Policy 2 and Transport Policy 4. The proposal strikes a balance between fostering rural innovation, agricultural productivity, and environmental preservation, demonstrating sensitivity to the countryside's natural characteristics. On balance, the development represents a responsible and sustainable addition to the Isle of Man's rural landscape.

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.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 19.05.2025

Signed : Presenting Officer

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