Loading document...
==== PAGE 1 ====
25/90096/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90096/B Applicant : Mrs Margaret Law Reader Proposal : Erection of a stable block Site Address : Magher Drine Ballafayle Ramsey Isle Of Man IM7 1EA
Planning Officer: Paul Visigah Photo Taken : 16.01.2025 Site Visit : 16.01.2025 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.03.2025 __
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. For the avoidance of doubt, the stable building hereby permitted shall only be used for equestrian purposes.
Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need only.
C 3. The stable hereby approved shall be removed and the ground restored to its former condition within 12 months from the date it is no longer used or required for equestrian purposes.
Reason: The building has been exceptionally approved solely to meet equestrian needs, and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 4. 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 5. Prior to the commencement of the development hereby approved, full details of the proposed rooflights, including their position, size, and type, shall be submitted to and approved in writing by the Department. The rooflights shall thereafter be installed in accordance with the approved details and retained as such thereafter.
==== PAGE 2 ====
25/90096/B Page 2 of 8
Reason: To ensure that the design and placement of rooflights are appropriate to the rural setting and do not result in an undue visual impact on the countryside.
C 6. Prior to the commencement of the development hereby permitted, full details of the proposed drainage scheme, including measures for the disposal of surface water and wastewater, shall be submitted to and approved in writing by the Department. The drainage scheme shall be implemented in accordance with the approved details before the stable is brought into use.
Reason: To ensure that adequate drainage provisions are in place to prevent any potential adverse impacts on the site and its surroundings.
C 7. There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department. Such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: For the avoidance of doubt and to ensure no harm to the surrounding countryside.
C 8. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps, horse boxes, horse trailers or any other associated equestrian paraphernalia on the land edged red on the Site Location Plan received 24 January 2025.
Reason: The application has been assessed on the change of use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amen
This application has been recommended for approval for the following reason. The proposed development is considered acceptable as it aligns with the relevant policies for equestrian use in a rural area. The need for the stable is clearly justified under Environment Policies (EP) 19 and 21, which allow for equestrian developments, provided their design and scale are appropriate for the countryside setting. The timber-framed structure meets these criteria by being easily integrated into the landscape and maintaining agricultural potential, in line with EP19. Additionally, the proposal adheres to General Policy 3 and EP1, demonstrating sustainability and minimal impact on the environment. No significant adverse effects on highways, site ecology, or trees have been identified, supporting compliance with EP1 and TP4, and safeguarding the area's natural features. These factors collectively justify the approval of the application.
Plans/Drawings/Information; This approval relates to the documents and plans received 24 January 2025. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Garff Commissioners - as they have no objections. o DOI - no objections __
Officer’s Report
1.0 THE SITE
==== PAGE 3 ====
25/90096/B Page 3 of 8
1.1 The application site comprises part of Field 624151 which adjoins the residential curtilage of Magher Drine, Ballafayle, which sits on the western side of the A15 in the Ballajora area of Maughold. The site is accessed via the D26 (Quakers Road), which is a narrow lane leading off the A15. There is a secondary access to the field situated on the southern end of the site, opposite the access to the dwelling Broogh Lheeanee, Ballafayle, Ramsey, which sits southeast of the application site.
1.2 The site basically slopes down from the west towards the A15 which abuts the eastern boundary of the site. Most of its boundary is defined by either sodbanks or hedges where the site adjoins residential properties.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the erection of a stable block. The proposed stable would measure 10.9m x 3.5m and would be 3m tall (2.1m to the eaves). The stable building would be subdivided into three units; the first measuring 3.6m x 3.5, second 3.5 x 3.5, while the third would be 3.5 x 3.6m. The proposed stable block would be finished externally in timber. This building would be constructed with treated horizontal shiplap boarding and reinforced fibre cement sheets on the roof, including 3 translucent rooflights.
2.2 There would be no changes to the existing accesses to the site, and there would be no change to the existing trees or surrounding sodbanks/hedges.
2.3 The applicants have provided the following additional information: Purpose: o The stable is necessary to care for 2 horses, which need to be stabled and fed hay for at least 50% of the day. o The nearest livery yard (Rhenab Equestrian) has no vacancies. Using a livery yard would require at least 3 daily car trips, whereas on-site stabling eliminates car travel. o Stables are for private use only, ensuring no increase in travel or need for horse transport vehicles. o Proposal is low key and does not include an external arena. Siting and Landscaping: o Land slopes from southwest to northeast; the stable will be cut into the slope for a lower profile and reduced visual impact from the road. o Stable block will be set behind a hedge and existing trees to improve its appearance. o Excavated earth will be repurposed to create a flat area in front of the stable block. Drainage: o Rainwater will be collected in water butts for reuse in watering horses and the garden. o Soakaways will manage excess water, dispersing it into the surrounding field. Access: o Two existing gates will be used: one for material delivery and hay transport, and the Quakers Road gate as the main access point due to better visibility. o No new access routes or tracks are needed.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site is located within an of land not designated for development under the Isle of Man Development Plan Order 1982, and the site is within an Area of High Landscape or Coastal Value and Scenic Significance. The site is not within a Conservation Area, a registered tree area and there are no registered trees on site. The site is also not prone to flood risks.
3.2 National: STRATEGIC PLAN (2016) 3.2.1 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
==== PAGE 4 ====
25/90096/B Page 4 of 8
Strategic Plan which support some equestrian-related developments provided they do not conflict with the requirements of GP3 and EP1.
3.3 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 14- Soil quality considerations for development that would result in permanent loss of agricultural land. 5. Environment Policy 19 - Local amenity, Soil quality, and highway network and traffic considerations for equestrian development. 6. Environment Policy 21 - Development for stabling or shelter of animals in the countryside 7. Strategic Policy 2 - Priority for new development to identified towns and villages. 8. Strategic Policy 5 - Design and visual impact. 9. 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".
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 IOM Code of practice for the welfare of Horses, Ponies, Donkeys and their hybrids September 2023 4.2.1 Stable/Accommodation "Welfare should be considered when constructing or altering buildings to provide housing for horses. The main considerations are the safety and comfort of the horses, ease of access and adequate drainage and ventilation. If poorly designed or managed, stabling can contribute to the rapid spread of disease, cause injury and pose significant fire risks. Good vehicular access is essential in case emergency vehicles need to access the site."
4.2.2 The Codes of Practice recommends that roofs should be high enough to provide adequate ventilation including good air circulation. There should be a minimum clear space to the eaves of 60-90cm (2-3ft) above the ears of the horse in its normal standing position.
4.2.3 Stable size As horses and ponies vary so greatly in size it is difficult to set an ideal size for loose boxes, barns or stables. However, as a minimum, each horse should have sufficient room to lie down, readily rise and turn around in comfort. Boxes for foaling and for mares with a foal at foot will require additional space. All passageways should be sufficiently wide to enable horses to be led safely past other horses. The BHS minimum stable size recommendations are as follows: o Large horses (17hh+): 3.65m x 4.25m (12ft x 14ft)
==== PAGE 5 ====
25/90096/B Page 5 of 8
o Horses: 3.65m x 3.65m (12ft x 12ft) o Large ponies (13.2hh+): 3.05m x 3.65m (10ft x 12ft) o Ponies: 3.05m x 3.05m (10ft x 10ft) o Foaling box (horse): 4.25m x 4.25m (14ft x 14ft)
5.0 PLANNING HISTORY 5.1 The application site has been the subject of two previous planning applications that are considered to be potentially material to the assessment of this current planning application. These include: 1. PA 89/0779 for approval in principle for the construction of an agricultural building on part of fields 1474, 1476, 1477 and 1479, Ballajora, Maughold. This application was refused initially, and at review, with the review refusal decision notice issued on the 27th February 1990.
PA 06/01706/A for Approval in principle for the erection of stable block, dressage area, driveway and upgraded access - Refused. The stable was to be sited closer to the boundary between Fields 624151 and 621477, and closer to the A15. The scheme was to include a large timber fenced dressage measuring 40 x 20m, and significant site levelling to enable the works. This application was refused for the following reasons: R1: The development proposed by the planning application is deemed to unacceptable by reason: a) that due to the extent of the engineering operations and proposed level of development the proposal will significantly alter the visual appearance of the site within the surrounding area, to the detriment of visual amenity within an area of high landscape or coastal value and scenic significance; b) that the extent of the engineering operations required to facilitate the proposed development would be excessive and lasting. Such excessive works, which would change the appearance of the site forever, are considered inappropriate and unnecessary; and c) that based on the illustrative drawings and information within the planning application the scale of the proposed development is deemed excessive and out of keeping with the surrounding area.
R2: Notwithstanding the first reason for refusal the planning application fails to adequately demonstrate the effects of the proposed engineering operations and development on the surface water drainage.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Garff Commissioners have made the following comments on the application (10 February 2025): o The style and size of the proposed stable block were considered along with its impact in this location. There were no objections to the application.
6.2 DOI Highways Division have made the following comments on the application (29 January 25): o The existing site access and visibility on low flow rural Quakers Road, and the proposed layout, is acceptable for the proposals and therefore HDC do not oppose the application.
6.3 Manx Utilities Electricity have not made any comments at the time of drafting this report and were consulted on 27 January 2025.
6.4 No comments have been received from neighbours.
7.0 ASSESSMENT
==== PAGE 6 ====
25/90096/B Page 6 of 8
7.1 The fundamental issues to consider with this application are; 1. The principle of the proposed development (GP3, EP1, and Paragraph 7.15.1); 2. Highway and Access (EP 19 & TP 4); 3. Visual Elements: Design, Internal layout, External appearance (EP 21 & GP2); 4. Impact on agricultural soils (EP 19 & EP 14); 5. Other Matters
7.2 Principle of Development (Need) 7.2.1 The assessment of applications like this begins with recognizing the proposed development's nature, which is for equestrian use. It is also noted that the site is in an area not designated for development.
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 applicant has submitted supporting information indicating that the proposed stable will house two mature horses, which require stabling and feeding for at least 50% of the day. A recent code of practice for keeping horses and donkeys highlights the necessity of stable facilities for emergencies, such as illness or injury, emphasizing that such provisions must be made in advance.
7.2.4 Furthermore, the applicant has contacted the nearest livery yard, Rhenab Equestrian, but confirmed that no vacancies are available. They also noted that using a livery yard would necessitate at least three daily car journeys, whereas on-site stabling would eliminate the need for travel. This strengthens the justification for constructing stables on-site.
7.2.5 The proposed building is designed to meet the essential requirements for housing two horses, along with storage for hay and basic equipment. Additionally, the proposed facility, being appropriately sized for equestrian use, would not hinder future agricultural activities. This is in line with the TCPA 1999, which allows agricultural use without requiring planning permission.
7.2.6 Based on the evidence provided, including details of the horses' health and welfare needs, and the logistical challenges of off-site stabling, the necessity for a building of the proposed size has been demonstrated. Considering the welfare requirements of the applicant's animals and the absence of viable alternatives, the principle of constructing a stable on this site is considered acceptable.
7.3 Highway & Access 7.3.1 With regard to access to the site, it is considered that the site is accessed via the D26 (Quakers Road), with access width which measures about 3.5m and set back from the position of the highway considered to be acceptable, and there are no changes proposed to any of the accesses to the field or highways.
7.3.2 The applicants have confirmed within the supporting information that the development is intended solely for their own private use. Furthermore, it is noted that the horses associated
==== PAGE 7 ====
25/90096/B Page 7 of 8
with the proposal would rarely be removed from the site, which minimizes any additional vehicular movements and further supports the appropriateness of the scheme.
7.3.3 Although the proposal introduces a new use for the site, the private nature of this use ensures that there would be no significant impact on local highway or traffic. Coupled with the fact that no alterations are proposed to the existing vehicular accesses, the development is in keeping with the site's existing characteristics and to pose no unacceptable highway concerns.
7.3.4 Overall, the proposed development is acceptable from a highways and access perspective. The rare removal of horses from the site, the private nature of the use, and the absence of any changes to the vehicular accesses contribute positively to the scheme's suitability. A condition to restrict the site to private, non-commercial use would adequately ensure its compliance with relevant standards and mitigate any potential impacts.
7.4 Visual Elements: Design, Internal layout, External appearance. 7.4.1 The proposed stable is designed with a timber-framed construction, which ensures it is both functional and sustainable. The structure would be of an appropriate height to securely house the horses, providing the necessary ventilation through well-positioned fenestrations, and featuring doors capable of accommodating a wide range of horse sizes. The use of timber not only allows for the incorporation of local construction materials, contributing to the scheme's sustainability, but also ensures that the stable could be easily removed from its countryside location if it is no longer needed for this purpose. The timber design enables the building to integrate harmoniously with the site and blend seamlessly into both the local and wider rural context. Additionally, the form and scale of the development are appropriately suited to the countryside setting, ensuring it would not appear as an incongruous feature within this part of the landscape.
7.4.2 The internal layout of the stable is assessed to be of a reasonable size to comfortably accommodate the animals, including mature horses. The proposed height further enhances its suitability for housing horses of varying sizes, ensuring practicality and comfort.
7.4.3 In terms of visual appearance, the timber stable would resemble a typical stable block commonly seen across the Island. The proposed timber cladding 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.
7.5 Impact on Agricultural Soils (EP 14 and EP 19) 7.5.1 In terms of potential loss of agricultural soils related to the development, it is considered that the site in terms of soil classification is Class 3 and therefore the proposal would not result in the loss of high-quality agricultural land and therefore in this respect complies with Environment Policy 19. Whilst the above is not a reason to allow development that would deplete available agricultural land on the island given that majority of the agricultural soils on the Island (80.26%) fall within Class 3 soils, the scheme does not propose to remove the land from agricultural production, as the erection of the stable would not preclude agricultural use, particularly as an arena is not proposed within the scheme. Moreover, the nature and scale of the build is such that land could still retain its agricultural potential for grazing, or restored to full agricultural use should the equestrian activities be discontinued.
7.6 Other Matters 7.6.1 Trees/Biodiversity 7.6.1.1 In evaluating the potential impacts of the development on existing trees and site ecology, it is noted that no trees or mature plantings on the site or along its boundaries are proposed to be removed. The only biota removal would involve a small strip of surface soil to
==== PAGE 8 ====
25/90096/B Page 8 of 8
facilitate the construction. The site is situated outside areas designated as woodland and is neither recognized nor designated for nature conservation.
Based on these considerations, the proposed development is not expected to result in any significant adverse impacts on existing trees or the site's ecology.
8.0 CONCLUSION 8.1. The proposal is of a reasonably scale, providing space necessary to house the applicant's own animals and with associated storage for feed, bedding and other equestrian and agricultural equipment. It is also not expected that there would be any adverse highway safety impacts. The proposed stable is, therefore, considered to be acceptable in terms of need and visual impact and to meet with the tests of EP1, EP19 and EP21.
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.
__
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 : 20.03.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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.
Copyright in submitted documents remains with their authors. Request removal