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PLANNING OFFICER REPORT AND RECOMMENDATIONS

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 Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 02.05.2025 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The building hereby approved shall be used only for private equestrian purposes only 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 for the stabling of horses and keeping of equipment and feed in association with those horses.

C 2. In the event that the stable building hereby approved is no longer used or required for the stabling of horses, the stable building and its associated hardstanding shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.

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.

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

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Plans/Drawings/Information;

This approval relates to the following: 1A - site plan and location 1B - Site Access 1C - Location Map 2 - Original Planning 3 - Former Field Shelter 6 - Lease Agreement Redacted 7 - Photos All date published online 20 Jan 2025

4 - Building Exterior Plans with Elevation 5 - Proposal Plan Both date published online 27 Jan 2025

Applicant's response to objections - date published online 27 Mar 2025

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: o Department of Infrastructure - No objection subject to conditions which have not been applied

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: o Owners of Ballacallin View, Ballanicholas, Garth, Crosby IM4 2HD - as their objection does not set out in relation to material planning considerations, an impact of the proposal on the lawful use of their land (A10(2)(c)) __

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.

3.0 PLANNING HISTORY 3.1 The application is provided with information relating to 91/01212/B relating to the erection of 3 field shelters which was approved.

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4.0 PLANNING POLICY 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. o General Policy 2: General standards towards acceptable development o Environment Policy 1: countryside and its ecology will be protected for its own sake. o Environment Policy 3: protection of woodland areas o Environment Policy 15: sets out general standards towards agricultural buildings and having them clustered amongst existing buildings and not isolated. o Paragraph 7.15.1: general standards towards acceptable equestrian development works o Environment Policy 19: Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic. o Environment Policy 20: presumption against large scale equestrian development which includes arenas and buildings and in AHLV unless exceptional circumstances.

o Environment Policy 21: stables not permitted in the countryside if they detriment character and appearance of the countryside and should be design as such to not include any cavity-wall construction. o Paragraph 4.3.11 of the Strategic Plan states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".

4.3 Reference any relevant PPS or NPD 4.3.1 None

5.0 OTHER MATERIAL CONSIDERATIONS 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

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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: o The plot has its own field number 324306 o The size, scale and design not being open fronted is reflective of its intended purpose and consistent with other stables nearby o The objector has submitted a change of use of his own field o The proposal does not infringe on the objectors land and the width of the land is substantial. The objector does not own the lane but also has only access rights to it. The lane is used by multiple residents and businesses in the area o They were unaware planning was needed and as soon as they knew they applied o The building is provided with natural drainage/soakaway in line with similar buildings in the area o Water already flows down the lane from the main road o A water butt is also to be installed o The objectors application for commercial business on the field 24/90941/C already contributes to erosion and damage to the shared access lane and verge o There are covenants on the building preventing any commercial or residential purpose o Shared disappointment in poor neighbourly communication from objector

7.0 ASSESSMENT 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

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equestrian buildings and riding school, as well as some smaller private arenas and stable buildings.

7.4 The building being on this side of the road is clustered amongst other established built development and may be read as part of the wider site. The tree belt area also forming a backdrop and preventing any skyline intrusion. The small stable building in this location and of typical timber design and tin roof reflective of its equestrian and small scale agricultural use would not be detrimental to the character and appearance of this site or the immediate context of the area in accordance with Environment Policy 1 and 21.

7.5 Where the building sits used to form part of the wider field, until the access for 20/00440/B was formed splitting it from the field. The small triangular parcel is now less practicable for larger scale farming operations but could still be used for small grazing or crops. The siting of the building in this location would not result in the loss of any high quality agricultural land in accordance with Environment Policies 14 and 19.

Amenity Impact 7.6 The site and surrounding area already have some degree of equestrian and agricultural activity and this contributes to the specific character of the site and surrounding area here. The proposal is for a small scale building positioned a sufficient distance from any immediate residential neighbours as to not result in any adverse amenity impacts generally or on the enjoyment of their own homes.

Highway Safety Impact 7.7 Questions have been raised about the existing access track. Land ownership is not a matter to be considered as part of this application and is outside the remit of planning. The objector has indicated that the track has shared rights of access over it, and the applicant also indicates this. It was originally approved as part of 20/00440/B and was conditioned to be carried out with those plans and the visibility splays shown. The proposed works do not seek to alter or change the existing established access and there are no new highway safety issues or concerns expected above or beyond its existing use.

7.8 DOI Highways have stated that the proposal will not have any 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. They also request that the first 6m of the access road be bound and consolidated. However from review of the submitted plans the red line does not include the access track and so any works to it would be outside the remit of this application. A Grampian condition perhaps may be considered but minded that the access already has full approval, is in established use already and was not conditioned previously for any surface finish that it would be unreasonable as part of the application to request this by planning condition. There is separate legislation under the Highways Act 1986 which requires for there to be no obstruction of highways or mud on roads (mud includes earth, stones and other debris) and there are separate obligations to meet with the Highways Act 1986.

Drainage 7.9 The red line site and building is not recognised as being at any flood risk. There is permeable surfacing surrounding the building and surface water channelled into that area. The applicant has also indicated the future installation of a water butt which would further gather rainwater for other uses. The size and scale of the building and anticipated surface water is not considered to result in such a significant adverse impact on the site or surrounding area mindful that most would soak into the immediate permeable surroundings. Any run off would be further reduced should a water butt be installed in the future.

8.0 CONCLUSION

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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: 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 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

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.