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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91409/B Applicant : Midshire Ltd Proposal : Replacement stables and field store Site Address : Ballaveare Farm Old Castletown Road Port Soderick Isle Of Man IM4 1BB

Planning Officer: Paul Visigah Photo Taken : Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 19.03.2025 __

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 installation of any external lighting, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the external areas of the building will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018).

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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 plan.

Reason: To provide adequate safeguards for the ecological species existing in the surrounding area.

C 6. 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 31 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 amenity.

This application has been recommended for approval for the following reason. In summary, it is considered that there is sufficient justification for the proposed development and the proposal has been designed to ensure that the siting and appearance has limited or no adverse impact on the character of the site and the wider countryside, with no adverse highway safety or local amenity impacts. The proposal, therefore, accords with Environment Policies 1, 14, 19 and 21 of the Strategic Plan, General Policy 3, Transport Policy 4 of the Strategic plan 2016.

Plans/Drawings/Information; This approval relates to the documents and plans received 8 January 2025. __

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

o DOI - as they have no objections. o Braddan Parish Commissioners - as they have no objections. __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is part of the landholding associated with Ballaveare Farm, but which is an established residential dwelling situated on the southern side of the Old Castletown Road, Port Soderick. The landholding is quite significant and includes open land that would appear to be used as a garden, and some as agricultural grazing land, as well as a small stable block and an outbuilding that is described on the site plan as an old piggery formed of stone, brick, rendered blockwork and has a felt roof.

1.2 The access to the site is off the Old Castletown Road in Port Soderick, and is formed of a fairly low, part-stone and part-rendered blockwork wall; it is also lined with trees.

1.3 There is a neighbouring dwelling - Shenvalley - to the northeast as well as a short row of detached dwellings on the opposite side of the road. This immediate area of Port Soderick is sparsely developed but has the character very much of a small village rather than a collection of isolated buildings.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Replacement stables and field store. The existing flat roofed Masonry built stable and field store which has a footprint measuring 10.6m x 5.6m, and

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2.9m tall will be replaced with a new timber pitch roofed stable that would sit on the footprint of the existing building, but on a slightly larger footprint.

2.2 The proposed replacement stable building would measure 12.9m x 7m and would be about 4.5m tall (2.5m to the eaves). The new stable will feature walls made from larch ship lap boarding, a roof finished with black sinusoidal roof sheeting incorporating four translucent roof light panels to the rear, and black PVCu rainwater goods. The doors are crafted from larch.

2.3 The details of the scheme are as follows: o Existing stable footprint: 10.6m x 5.6m = 59.36m o Proposed stable footprint: 12.9m x 7m = 90.3sqm o Difference in floor area: 90.3sqm - 59.36m = 30.94sq.

2.4 The applicants have noted on the application form that the Existing Stables/Field Store building is in poor state of repair finished with plywood panels and a flat roof. It proposed to replace the building with a pitched roof and clad in larch shiplap boarding.

2.5 there would be no changes to site levels, and surface water would be drained to existing soakaway.

3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site lies within an area not designated for a particular purpose on the Area Plan for the East. The site is not within a Conservation Area or prone to flood risks. There is no registered tree on the site, and the site is not within a registered tree area.

3.2 Area: Area Plan for the east 3.10 The Character Appraisal within the Area Plan for the East states thus concerning the area (Santon - D13): "Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons; b) its scattered settlement pattern; c) its Victorian garden and the railway.

Key Views o Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. o Incinerator chimney forms a notable landmark in the immediate area. o Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. o Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. o Views from Isle of Man Steam Railway."

3.3 National: STRATEGIC PLAN (2016) 3.3.1 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 Strategic Plan which support some equestrian-related developments provided they do not conflict with the requirements of GP3 and EP1.

3.3.2 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 - Protection of species and habitats.

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5. Environment Policy 14- Soil quality considerations for development that would result in permanent loss of agricultural land. 6. Environment Policy 19 - Local amenity, Soil quality, and highway network and traffic considerations for equestrian development. 7. Environment Policy 21 - Development for stabling or shelter of animals in the countryside 8. Strategic Policy 2 - Priority for new development to identified towns and villages. 9. Strategic Policy 5 - Design and visual impact. 10. 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) 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 site has been the subject of several planning applications, none of which is considered relevant in the assessment and determination of the current application.

6.0 REPRESENTATIONS

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

6.1 DOI Highway Services have no interest (21 January 2025).

6.2 Braddan Parish Commissioners have no objection to the proposal (28 January 2025).

6.3 Manx Utilities Electricity have not made any comments at the time of drafting this report even though they were consulted on 13 January 2025.

6.4 No comments have been received from neighbours.

7.0 ASSESSMENT 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. Impact on Highway Safety (EP 19 & TP 4); 3. Visual Elements: Design, Internal layout, External appearance (EP 21, STP 5 & GP2); 4. Impact on Ecology/Trees (EP4 & GP2); and 5. Impact on agricultural soils (EP 19 & EP 14);

7.2 PRINCIPLE OF DEVELOPMENT (Assessment of Need) 7.2.1 The proposal aims to replace a deteriorating masonry stable and field store at Ballaveare Farm, Port Soderick, with a new timber-framed, pitched-roof stable. The design reflects the standards recommended in the IOM Code of Practice for the Welfare of Horses, Ponies, Donkeys, and their Hybrids (2023), prioritizing the safety, comfort, and welfare of horses. The proposed replacement is aligned with policies that encourage appropriate equestrian-related development in rural areas, as outlined in Environment Policies 19 and 21.

7.2.2 Environment Policy 19 highlights the importance of minimizing potential adverse impacts on local amenities, soil quality, and traffic networks. Environment Policy 21 emphasizes the suitability of countryside locations for stabling or shelter for animals. By addressing the practical requirements for equestrian activities and ensuring high-quality design, the proposal demonstrates compliance with these policies, fulfilling a clear and justified need for the replacement structure.

7.2.3 The proposed replacement increases the footprint from approximately 59.36sqm to 90.3sqm. However, the additional size is proportionate and enhances functionality without compromising the character of the rural setting. Features such as larch cladding and a pitched roof contribute to a design that blends seamlessly into the surroundings, reflecting the Landscape Strategy detailed in the Area Plan for the East (Santon - D13).

7.2.4 The proposal adheres to General Policy 3 by avoiding inappropriate development in undesignated rural areas and safeguarding the site's potential for future agricultural use. By providing on-site stabling, the proposal reduces the need for additional vehicular journeys and contributes to environmental considerations. Furthermore, it demonstrates compliance with Environment Policy 1 by balancing the operational needs of equestrian activities with the protection of the countryside, ensuring both practical utility and alignment with broader conservation goals.

7.3 IMPACTS ON HIGHWAY SAFETY 7.3.1 In assessing the impacts on highway safety, it is considered that access to the site is via Old Castletown Road, through an established entry point, and there are no plans to alter the access to the stable. As there are no proposed changes to the access arrangements, the existing configuration complies with General Policy 2, which emphasizes considerations such as safe and convenient access. The existing entry point is deemed suitable and poses no additional safety or design concerns.

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7.3.2 Further to the factors highlighted above, the private nature of the proposed stable and the fact that it seeks to only replace what exists means that the proposal would increase vehicular movement over that which is currently obtainable for the existing stable building, particularly as the increase in floor area is minimal, mitigating any adverse impact on the highway network in line with Environment Policy 19.

7.3.3 With no proposed alterations to access, traffic patterns, or vehicular intensity, the development poses no significant highway concerns. To ensure continued adherence to General Policy 2 and mitigate any potential future impact, a condition restricting the site to private, non- commercial equestrian use would be appropriate. This would maintain compliance with applicable standards and the environmental objectives of the Strategic Plan.

7.4 DESIGN AND VISUAL IMPACT 7.4.1 With regard to visual impacts of the scheme, it is considered that the proposed stable will be constructed from timber, specifically larch shiplap boarding, with a pitched roof finished in black sinusoidal sheeting and translucent panels to the rear. This design represents a significant improvement over the existing flat-roofed masonry structure, aligning more closely with the rural and equestrian context of the site.

7.4.2 The use of natural materials such as timber integrates the new structure harmoniously with its surroundings, while the pitched roof design enhances both functionality and aesthetics. The height (4.5m, with 2.5m to the eaves) ensures the stable does not dominate the landscape, and its scale remains appropriate for the site.

7.4.3 Moreover, the building's design emphasizes flexibility, allowing for its removal or adaptation should equestrian use cease. Thus, it is considered that the new stable reflects sustainable and functional design principles, maintaining the agricultural potential of the land, whilst complying with EP 21, GP 2(b, c & f) and STP 5.

7.5 IMPACT ON ECOLOGY/TREES 7.5.1 In terms of impacts on ecology or biodiversity within the site, it is important to establish that the only element of the proposal with potential to have ecological impacts is the removal of vegetation over field area to allow for the increase in the floor area by about 30sqm, with the resulting impacts on biodiversity within the site considered to be minimal. It is also considered that the floor area increase is towards the field and away from the tree and mature landscape situated northeast of the existing stable building. Therefore, it is not considered that the scheme as currently proposed would result in significant ecological impacts, or any impacts sufficient to warrant the imposition of conditions.

7.5.2 As the development would move away from the existing trees and vegetation situated northeast of the stable, it is not considered that there would be any impacts on the adjacent trees. This is particularly important as the stable would be built largely over the existing footprint of the stable on site, such that there would be minimal spoil disturbance that may impact on tree root areas. 7.6 IMPACT ON AGRICULTURAL SOILS 7.6.1 The site lies within Class 3/4 agricultural soils, which is not a high-grade soil classification on the Island. As such, the replacement stable does not involve the loss of high-quality agricultural land. By occupying the footprint of the existing building with a modest increase in size, the proposal preserves the site's potential for grazing or restoration to full agricultural use in the future.

7.6.2 No arena or additional development is included in the scheme, ensuring the agricultural characteristics of the land are retained. The proposal complies with Environment Policy 19 in this regard.

8.0 CONCLUSION 8.1 In conclusion, the proposed development aligns with relevant planning policies by providing a functional and well-designed stable that meets the operational needs of equestrian

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activities while safeguarding the rural character of the area. The proposal adheres to Environment Policies 19 and 21, addressing local amenity, soil quality, and highway considerations, while the design integrates harmoniously with its surroundings (STP 5). Furthermore, the sensitivity of the design to the countryside and adherence to high standards of siting, design, and construction aligns with Paragraph 7.15.1 of the Strategic plan.

8.2 The proposal also supports environmental objectives by minimizing vehicular activity through on-site stabling and retaining the potential for future agricultural use, as emphasized in General Policy 3. With its thoughtful design and adherence to policy requirements, the development achieves a balance between practicality, conservation, and sustainability, ensuring a positive contribution to its rural setting.

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.

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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 : 19.03.2025

Determining Officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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