Loading document...
==== PAGE 1 ====
24/91329/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/91329/B Applicant : Mr Matthew Lawrence Johnson Proposal Erection of equestrian stables Site Address Ballacallin Cottage Foxdale Road Garth Crosby Isle Of Man IM4 2HL
Case Officer :
Russell Williams Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 26.03.2025
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. The development hereby permitted shall be finished in materials as approved on the Proposed Elevations and Floor Plan drawing and shall be retained as such unless otherwise approved in writing by the Department.
Reason: To ensure the development has a satisfactory visual appearance in the countryside.
C 3. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the retention of existing landscaping and new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or first use of the development, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 4. No external lighting may be installed without the prior consent of the Department in writing.
==== PAGE 2 ====
24/91329/B Page 2 of 8
Reason: To prevent light pollution and impact on wildlife.
C 5. The stables shall be for private equestrian use only and not for any commercial or private livery use.
Reason: In view of the location of the site in the open countryside; the Department does not consider the site suitable for anything other than private use.
This application has been recommended for approval for the following reason. The need for improved animal welfare at the site is acknowledged and the reduced scale of the proposed stable is acceptable for the landholding and number of horses kept at the site. The proposed development will not give rise to any detrimental impact upon the character or appearance of the landscape virtue of its limited scale, inconspicuous siting and finished appearance. The proposal are therefore considered to be acceptable and comply with General Policies 2 and 3 and Environment Policies 1, 14, 19 and 21 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the following drawings and documents received on 25 November 2024 and 7 January 2025:
Location Plan Site Plan Proposed Plans and Elevations Tree Plan
__
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services No objection
Marown Parish Commissioners No objection
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal:
Fair View, Foxdale Road, Garth No objection
__
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE
==== PAGE 3 ====
24/91329/B Page 3 of 8
1.1 The application site is located within a paddock immediately south of Ballacallin Cottage and its associated garage, which is a residential property in the same ownership.
1.2 The site is bounded to the east by the A24 and on the other three sides by grazing fields also owned by the applicants. The western boundary comprises of an earth bank with tree and hedgerow planting. The topography of the land falls away gently to the north.
1.3 The site is laid to grass and is accessed solely though the applicants driveway and garden.
2.0 THE PROPOSAL 2.1 The application seeks planning permission for the erection of a timber stable building on land adjoining Ballacallin Cottage.
2.2 The proposal is to stable block providing a tack room, a hay/machinery store, three stables and a wash bay. The building will be L-shaped in plan for and have maximum dimensions to 18m at its longest, 9.6m wide. The building will have a ridge height of 2.9m at its tallest.
2.3 The stable building will be finished in timber cladding to the walls and either black bitumen shingle or green box profile sheets to the roof, with inset clear panels to maximise natural light in the building.
2.4 A concrete hardstanding would be laid to the frontage of the building.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as land not zoned for a particular purpose. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone.
3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
==== PAGE 4 ====
24/91329/B Page 4 of 8
3.3 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.4 Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
3.5 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.
3.6 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 (see Environment Policy 14 for interpretation of Class 1 and 2).
3.7 Environment Policy 21: Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used.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,
==== PAGE 5 ====
24/91329/B Page 5 of 8
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 None.
5.0 PLANNING HISTORY 5.1 21/00682/B - Erection of equestrian stables - Refused. Appeal upheld.
6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Marown Parish Commissioners - In this new Application, the Applicant has addressed the concerns of the Commissioners following the Applicant's previous application for stables that was refused in 2021 - 21/00682/B, namely the proposed new stable block is replacing an existing structure and is sited close to other buildings, the visual impact of the stables is reduced due to the current and proposed hedging, and an existing road entrance is to be used.
The Commissioners therefore have NO OBJECTION to the Application.
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the erection of stable will not hamper access visibility looking right from the site access, providing the stables are for domestic use conditioned on permission (for parking and access safety purposes).
Ecosystem Policy Team - No objection subject to condition
Detailed Comments o This application proposes the removal of a number of trees and shrubs in order to place a new stable building. The application also proposes the planting of new hawthorn hedging to mitigate this impact. The Ecosystem Policy Team are generally content with these proposals. However, rather than a single species hedge, a mixed native hedge is recommended instead.
Proposed Condition o No works to commence unless a soft landscaping plan has been submitted to Planning and approved in writing.
6.2 1 representation has been received from the neighbouring residents and can be summarised as follows:
As immediate neighbours of Ballacallin Cottage, we feel that the siting, scale and building materials are appropriate to the area and would be happy to support this proposed development.
7.0 ASSESSMENT 7.1 The applicant seeks planning permission for a new stable building on land adjoining their residential property. The previously refused application for a new stable building and associated works was on land to the northeast and occupied a more isolated landscape position. Whilst the previous reasons for refusal are a material consideration, the change in site
==== PAGE 6 ====
24/91329/B Page 6 of 8
location, design and other changes in circumstance since 2021 mean that this application should be considered on its own merits.
7.2 The key considerations in the determination of the application are principle of development and the impact upon the character and appearance of the area/landscape
7.3 The application seeks permission for the construction of a modest stable building on land adjacent to existing paddocks. The site is located in the countryside where General Policy 3 restricts new development and the proposals are not permitted by GP3. Notwithstanding, Environment Policies 19 and 21 support equestrian development in the countryside subject to meeting various criteria and, therefore, the principle of acceptable subject to compliance with relevant environmental protection policies.
7.4 The stable building is constructed from timber and sheet roofing and is not a more "permanent" construction such as cavity walls and tiled roof. The building has less permanence and could be removed with relative ease. This form of construction complies with Environment Policy 21.
7.5 Since the previous refused application, the applicant has purchased a further 1.5 acres of land immediately adjoining their property and they intend to rehome a third horse to their property, as an elderly relative can no longer care for the animal. The proposed stable has three loose boxes which will serve the needs of their existing two horses plus the third horse which is due to arrive in the near future. It is accepted that the need for the stable building exists and the development is now significantly smaller than the previously refused scheme, with a GIA of 86m2 compared to the previously proposed 190m2. The reduces scale is considered to be more in line with the functional need of the land and property.
7.6 The site is currently screened and partly occupied by a large field shelter with two bays. The roadside boundary is planted up with trees and shrubs that provide a good degree of visual screening from the highway and the wider landscape. The proposal will result in the removal of some trees and shrubs which would increase the visual impact of the stable building from the road. The Ecosystem Policy Team recommend that a new soft landscaping scheme is conditioned and this is agreed. Replacement planting will be required to the eastern roadside boundary in order to ensure the stable building does not give rise to any significant adverse impact upon the rural street scene or wider visual amenity.
7.7 The scale of the building is relatively modest and the building, with its limited height, will not form a prominent feature in the field or wider landscape. The site is well related to other built form in the immediate setting, including the existing dwellinghouse and outbuildings at Ballacallin Cottage. It does not, therefore, form an isolated new building in the landscape. The finished appearance of the stable building is typical of small stable blocks in the countryside and is acceptable, being similar to many comparable stable buildings that can be seen across the island. Having regard to these considerations, the visual and landscape impact of the proposals comply with Environment Policies 19 and 21.
7.8 The proposals are for personal use only and will not result in a livery use or similar that might result in additional vehicle movements over the local highway network. The proposals comply with Environment Policy 19 in this regard.
7.9 The application site is on land annotated as Class 3 on the Agricultural Land Use Capability Map. Environment Policy 14 states that "Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with." Environment Policy 19 also states that new equestrian buildings will only be permitted where there is no loss of high quality agricultural land. Being Class 3 land, there is no conflict with Environment Policy 14.
==== PAGE 7 ====
24/91329/B Page 7 of 8
7.10 Having regard to the above matters, it is considered that the proposals comply with Environment Policies 14, 19 and 21 and will not give rise to any significant adverse impacts upon the character or appearance of the landscape, highway network or cause an unacceptable loss of high quality agricultural land.
8.0 CONCLUSION 8.1 The need for improved animal welfare at the site is acknowledged and the reduced scale of the proposed stable is acceptable for the landholding and number of horses kept at the site. The proposed development will not give rise to any detrimental impact upon the character or appearance of the landscape virtue of its limited scale, inconspicuous siting and finished appearance. The proposal are therefore considered to be acceptable and comply with General Policies 2 and 3 and Environment Policies 1, 14, 19 and 21 of the Strategic Plan.
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. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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.
Decision Made : ...Permitted... Committee Meeting Date:...14.04.2025
Signed : R WILLIAMS Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
==== PAGE 8 ====
24/91329/B Page 8 of 8
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 14.04.2025
Application No. :
24/91329/B Applicant : Mr Matthew Lawrence Johnson Proposal : Erection of equestrian stables Site Address : Ballacallin Cottage Foxdale Road Garth Crosby Isle Of Man IM4 2HL
Planning Officer : Russell Williams Presenting Officer As above
Addendum to the Officer’s Report
At the Planning Committee meeting on 14th April 2025, the Case Officer advised the Members that his recommendation should be amended with regard to Condition 3, which needs to be revised to include a timescale for planting, to which the Members agreed. The Planning Committee unanimously agreed with the Case Officer's recommendation for approval and amended Condition 3, concluding that the development impacts were acceptable and the proposal complies with relevant planning policies within the Isle of Man Strategic Plan.
Copyright in submitted documents remains with their authors. Request removal