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Application No.: 25/90066/B Applicant: Mr Stuart Watson Proposal: Erection of an equestrian building, containing stables, equestrian facilities and agricultural storage (retrospective) Site Address: Land At Ballacallin Beg Foxdale Road Garth Crosby Isle Of Man Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.05.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: The application has been assessed on this private use only as requested in the application for the stabling of horses and keeping of equipment and feed in association with those horses.
Reason: The application has been assessed on this basis for equestrian purposes only and to avoid the culmination of unwarranted and unused buildings in the countryside.
By reason of the siting, scale, design and intended private use, the proposed timber stables are not expected to result in any adverse or detrimental visual harm to the character or appearance of this specific site and location or the wider countryside. The proposal is not expected to result in any neighbouring amenity impacts due to its siting and distance from neighbours, and the site is already served by an existing access and track and not expected to result in any new or increased highway safety issues. The application is considered to comply with EP1, EP19 and 21, the guidance and principles set out in EP15 and 7.15.1 and to meet with the general standards of GP2 (b, c, g, h and i) of the Isle of Man Strategic Plan 2016. Conditions in respect of its approved use and the prevention of any commercial use are appropriate to add in this case, and one for its removal should it no longer be required for its approved use.
Plans/Drawings/Information; This approval relates to the following:
Annotated mapping re ownership access and use 03 apr 25 - Date published online 04 Apr 2025
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection:
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because:
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application relates to a small triangular parcel of land at Ballacallin Beg, Garth.
2.0 THE PROPOSAL - 2.1 Proposed is the erection of a timber stable building containing stables, equestrian facilities and agricultural storage measuring 10m x 5.4m, and 3.4m to central ridge. The building is also to be used for some agricultural storage. - 2.2 The building has two double doors on its frontage and a window at the rear. The roof is tin sheets.
3.1 The application is provided with information relating to 91/01212/B relating to the erection of 3 field shelters which was approved.
4.1. The site falls within an area not designated for development on the Area Plan for the East 2020. There are no registered trees or registered tree areas within the site and it's not recognised as being at any flood risk. The site is not within a Conservation Area.
4.2 Relevant policies of Strategic Plan.
4.3 Reference any relevant PPS or NPD
5.1 Legislation o None - 5.2 Policy/Strategy/Guidance o None
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 DOI Highway Services - do not oppose subject to condition (03/02/2025) - no significant negative impact upon highway safety, network functionality and/or parking as the site access visibility and layout is acceptable for the proposals on this low flow rural nature of road it is accessed on, however, the first 6m on access road from the adopted highway should be bound and consolidated i.e. no loose material, conditioned on permission within a redline boundary for the application. A S109 highway agreement will be required for the access connection improvements onto the adopted highway i.e. converted from loose material to a surface acceptable to the DOI Highways Inspector.
6.2 The following were consulted but no comments received at the time of writing the report 02/05/2025) o Marown Parish Commissioners
6.3 Owner of Ballacallin View, Garth Road, Crosby - objection (25/02/2025). The original building on the site was a basic open fronted field shelter which was demolished approx. 5 years ago. The new building is close to the position but not on the same footprint. Their application 20/00440/B was for conversion of an agricultural barn into a new dwelling and this
involved the creation of an access track from Garth Road and this track runs directly past the front of the new building and has shared access rights with other land users within Ballacallin farm area. Part of purchasing the field was to facilitate a larger access and visibility splay to comply with highways, they did not create the access for shared use and concerned about boundary infringement occurring. The new owner doesn't have any access rights over my land and has not asked for any rights of access. The application appears to have purchased the building without knowing it was built without planning permission or adequate access and has taken on that liability. There is no soak away or drainage for any rainwater, and any run off will cause erosion of the access and maintenance costs which they do not share. They cannot comment on the intended use of the building, if it's to be used for equestrian purposes a condition should be attached in this regard.
6.4 The applicant provided a response to the above objection date published online 27th March 2025, the response has been summarised below but can be viewed online in full:
7.1 There is a general presumption against any kind of development across the countryside and in any AHLV's as outlined in established policies within the IOM Strategic Plan 2016 (Environment Policies 1 and 2, and General Policy 3), however the same plan also contains a number of paragraphs and policies that explicitly relate to, and offer support to, the development of new equestrian-related development (Paragraph 7.15.1 and Environment Policies 19, 20 and 21) as long as they do not result in the loss of any high quality agricultural land, harm highway safety or by reason of their design detriment the character, appearance and quality of the countryside. These policies also state that cavity wall construction should not be used and that there will be a presumption against large scale equestrian development including new buildings and external arena's in AHLV unless there are exceptional circumstances. Visual Impact
7.2 The proposals in this case seek retrospective approval for the erection of a new small scale stable building measuring 10m x 5.4m, and measuring 3.4m to central ridge. There are no external arenas proposed. The building is finished in timber and with tin sheet roof. The building remains set back from the main Garth Road and down a small lane to a position lower than the main road. Planning history outlines that approval was given for three field shelters back in 1991 and aerial images and Google Streetview from 2010 show that on the site once stood a field shelter of similar size and scale.
7.3 The proposed building in this case is of small size and scale, while it can be seen when travelling along the main road, its set back position and lower level do help to reduce its visual prominence. In the immediate surrounding area there is already a number of large scale
8.1 By reason of the siting, scale, design and intended private use, the proposed timber stables are not expected to result in any adverse or detrimental visual harm to the character or appearance of this specific site and location or the wider countryside. The proposal is not expected to result in any neighbouring amenity impacts due to its siting and distance from neighbours, and the site is already served by an existing access and track and not expected to result in any new or increased highway safety issues. The application is considered to comply with EP1, EP19 and 21, the guidance and principles set out in EP15 and 7.15.1 and to meet with the general standards of GP2 (b, c, g, h and i) of the Isle of Man Strategic Plan 2016. Conditions in respect of its approved use and the prevention of any commercial use are appropriate to add in this case, and one for its removal should it no longer be required for its approved use. - 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). - 9.2 Article A10 sets out that the right to appeal is available to:
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):
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 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: 07.05.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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