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25/90206/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90206/B Applicant : Mr Ciaran Gray Proposal : Erection of detached stable/agricultural store, creation of new vehicular access lane (retrospective) Site Address : The Rule Main Road Sulby Isle Of Man IM7 2HR
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.09.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The use of the access track hereby approved shall not continue until measures to improve the surfacing and drainage have been implemented in accordance with details which have first been submitted to and approved in writing by the Department. Said details shall include a timescale for implementation. Once approved, the measures shall be carried out in accordance with the approved details.
Reason: In the interest of visual amenity and character of the area.
C 2. The use of the access track hereby approved shall not continue until a Preliminary Ecological Appraisal (PEA) of fields 134181, 130377 and 130344 has been submitted to and approved in writing by the Department. The PEA report shall include a timeline for the implementation of any recommended additional surveys and mitigation measures. Once approved, any surveys and mitigation measures set out in the report shall be completed in accordance with the approved details.
Reason: In the interest of biodiversity in the area.
C 3. The use of the track hereby permitted shall not continue until an updated Habitat Management Plan has been submitted to and approved in writing by the Department.
The Habitat Management Plan shall incorporate details of compensatory planting, a surveying plan of fields 134181, 130377 and 130344, a regime for summer monitoring to be undertaken by a suitably qualified Ecologist and a timetable for implementation.
Once approved, the measures within the approved Habitat Management Plan shall be adhered to for a minimum period of 5 years from the date of approval.
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Reason: To ensure the development delivers suitable compensation for affected biodiversity features and to maintain a favourable conservation status.
C 4. Should the applicant/owner fail to submit the information required by Conditions 1, 2 or 3 within 6 months of the date of this approval, the use of the track shall permanently cease and the land shall be returned to its former condition, in accordance with a scheme of restoration, the details of which shall first be submitted to and approved in writing by the Department within 6 months of the date of this approval. The scheme of restoration shall include a timescale for its implementation.
Reason: In the interests of landscape character should the impact not be mitigated through the submission of further details.
C 5. Within 3 months of the access track hereby approved being brought back into use, the existing access serving The Rule shall be permanently closed up and its use ceased, in accordance with details that shall first have been submitted to and approved in writing.
Reason: In the interest of highway safety.
C 6. The use of the track hereby permitted shall not continue until the visibility splays indicated approved drawing 2024-190-007 have been fully provided. The visibility splays shall be retained as such thereafter.
Reason: In the interest of highway safety.
C 7. The use of the building hereby approved shall be for agricultural/equestrian use for the benefit of the landowner only and for no other purpose without the prior grant of planning permission.
Reason: In view of the location of the site in the open countryside and because the Department does not consider the site suitable for anything other than private use.
C 8. In the event that the building hereby approved should not be actively used for agricultural/equestrian purposes for a continuous period exceeding 12 months, the building shall be removed from the site and the land restored to its former condition, in accordance with a scheme of restoration that shall first have been submitted to and approved in writing by the Department, within 18 months of its last use.
Reason: In the interests of landscape character and preventing the proliferation of buildings in the countryside where the use is no longer required.
This application has been recommended for approval for the following reason. The application seeks the retention of the access track and stable building together with further works. Whilst there will be acknowledged harm to landscape character and biodiversity, these impacts will have a low level impact and can be mitigated through the imposition of conditions that will satisfy the relevant policy tests. The development will result in significant benefits to highway safety, the benefit of which carries significant weight. On balance, it is considered that the benefits of the proposed development outweigh the identified harm and the proposal is therefore considered to comply with General Policy 2 and Environment Policies 1, 4, 5, 14, 15, 19 and 21 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped 25th February and 30th May 2025:
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Location Plan - 2024-190-001 Rev 1 Site Plan - 2024-190-002 Rev 1 Previous Plan - 2024-190-003 As-Built Access Lane - 2024-190-004 A1 Location of As- Built Stables - 2024-190-005 Details of As Built Stables - 2024-190-006 Proposed Works at Entrance - 2024-190-007 Management Plan
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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 following organisations should NOT be given the Right to Appeal:
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because:
Officer’s Report
THIS APPLICATON IS REFERRED TO THE PLANNING COMMIITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IIS RECOMMENDED FOR APPROVAL
0.0 PREAMBLE
0.1 This application was considered by the committee on the 27.10.25 and deferred for a site visit. The report presented to that meeting (repeated below) has not been changed, and so it should be noted that at the meeting there was some discussion of amending condition 3 to require the management to be in perpetuity rather than 5 years, and also a request from the agent for the time period for compliance in condition 4 to be extended to 12 (not 6) months. It was also clarified that the new access lane (retrospective) would be off the A3 no the A10 (this is a typographical error in the report).
1.0 THE SITE
1.1 The application site is located at The Rule, Sulby, in a rural area of the Isle of Man characterised by open agricultural fields and scattered development. The site includes a large detached dwelling, access driveway and turning area, detached triple garage with accommodation above, and large gardens.
1.2 The applicant uses fields adjoining the site for the keeping of livestock and are enclosed by stock fencing in the main, together with areas of hedge and tree planting.
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1.3 The site was originally accessed via a long private lane which serves a number of residential properties and parcels of privately owned land that are located off it. The lane junctions with the A3 TT Course, which has a derestricted speed limit.
1.4 The original access track is approximately 1050 metres long when measured from the junction with the A3 to the dwellinghouse. The surface of the track is in a very poor condition with numerous areas containing deep ruts and potholes. The surface is made up of a range of bound and unbound materials.
1.5 To the south west of the site is the Ballaugh Curragh ASSI and The Ballaugh Curragh Ramsar Site.
2.0 THE PROPOSAL
2.1 The application seeks retrospective planning application for the erection of a domestic- scale stable building, the creation of a new access track, and the closure of the existing track access at The Rule, Sulby.
2.2 The proposed stable is a simple timber-framed structure erected on a concrete plinth. It measures approximately 10.4m x 7.4m with a pitched roof, designed to accommodate the applicants' horses and sheep. Double sliding doors provide access to a central area which enables access to individual stables/pens.
2.3 The proposed access track is a consolidated surface, currently laid with stone and crushed rubble, but is further designed to be finished and suitable for all-weather use. It includes passing bays to facilitate vehicular movement along its length.
2.4 The track junctions at an upgraded field access with Windmilll Road where visibility splays of 25m in both directions are proposed.
2.5 The access into the residential property of The Rule will be closed off with a sod bank to prevent any continued vehicular use once the new track and access have been approved.
3.0 PLANNING POLICY
3.1 The site lies within an area that is not designated for any particular purposed on the 1982 Development Plan. The site is not within a Conservation Area or a Flood Risk Zone, but part of the wider property is within an Area of High Landscape or Coastal Value and Scenic Significance. With regard to the Area Plan for the North and West, the site is located in the "Undulating Lowland Plain" Landscape Character Area.
3.2 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.3 Strategic Policy 4: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) Protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) Not cause or lead to unacceptable environmental pollution or disturbance." 3.4 Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
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(a) Minimise journeys, especially by private car; (b) Make best use of public transport; (c) Not adversely affect highway safety for all users; and (d) Encourage pedestrian movement."
3.5 General Policy 2 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."
3.6 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: (f) Building and engineering operations which are essential for the conduct of agriculture or forestry."
3.7 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 over-riding 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."
3.8 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.9 Environment Policy 4: "Development will not be permitted which would adversely affect: (a) species and habitats of international importance:
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(i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
3.10 Environment Policy 5: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated."
3.11 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."
3.12 Environment Policy 15: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
3.13 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."
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3.14 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."
3.15 Having regard to the Area Plan for the North and West, it is noted that the Plan was adopted by CABO on 12 September 2025 and is on the Tynwald Register of Business for the October 2025 sitting. If approved by Tynwald the Plan will come into operation on 1 December 2025.
3.16 Landscape Proposal 1 sets out how the landscape strategies within the Plan shall be given consideration when assessing development proposals. It states that "Applications for development must demonstrate consideration has been given to such landscape strategies and key views and that design schemes have responded to such in terms of design including scale, layout, materials (colour and finishes) and landscaping plans."
3.17 The site falls in the The Curraghs (F6) - Undulating Lowland Plain Landscape Character Area. The landscape strategy is:
"To conserve and enhance: a) the character, quality, distinctiveness and ecological value of this area as well as managing the area sensitively to accommodate the needs of farmers, tourists and visitors. o Views to wooded and non-wooded upland slopes directly to the south of the area. o Open views across the area are often constrained by woodland; however, views to adjacent farmland can be gained from the north, eastern and western edges of the area."
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 None
5.0 PLANNING HISTORY
5.1 18/00475/C - Change of use of storage area above garage to provide living accommodation (retrospective) Permitted
6.0 REPRESENTATIONS
6.1 The following Consultees have been consulted and their responses can be summarised as follows:
Lezayre Commissioners - Objection unanimous
First comments:
Lezayre Commissioners do not object to the stable/agricultural store however they do unanimously object to the new vehicular access. This access lane follows a documented right of way to several other fields (General Registry Deed No 68, date 08.01.1998) in another person's ownership. There is potential for increased traffic on the old Curragh Road. The Commissioners would like to see the vehicular access lane returned to its former state as a field due to concerns about its engineering and the possible need for improvements to it in the future.
Secondary comments:
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Objection maintained
Lezayre Commissioners do not object to the stable/agricultural store however they do still object to the new vehicular access. There has been correspondence from the consultant which seeks to justify this on the grounds of safety however the Commissioners remain concerned and reiterate that this metalled access road is a right of way to other landowners' properties.
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 site access and internal access road is acceptable for the relatively small nature of the proposals off this low speed rural track.
Ecosystem Policy Team - Initial comments:
General Stance The Ecosystem Policy Team object to this application on the basis of its retrospective nature, with destruction of marshy grassland habitat. However, the work has already been undertaken now, and removal may incur further damage and so our below comments are made with the intention of providing recommendations for compensatory measures.
We are also concerned about the precedent that will be set should this retrospective application approved and think this should be fully considered by Planning.
Detailed Comments:
Should this application not have been retrospective, the Ecosystem Policy Team would have requested that a Preliminary Ecological Appraisal be undertaken on the land, due to the fact that field 130377 and part of field 130334 was mapped as ecological important marshy grassland in the 1991-1994 Phase 1 habitat survey. In addition legal protected spotted orchids, have previously been recorded in field 130377. Orchids may have been destroyed as a result of this application which would be an offence under the Wildlife Act 1990 and would have been contrary to Environment Policy 4 of the Isle of Man Strategic Plan. With the PEA we would have expected avoidance and mitigation recommendations to be made, such as avoidance areas and responsible construction methods.
However, works have already been undertaken now and habitats permanently destroyed.
It should also be noted that part of the Ballaugh Curragh ASSI and Ramsar wetland of international importance, is located adjacent to field 130377, which could be impacted by hydrological changes as a result of the new track.
A management plan has been provided, and ongoing management of field 130377 is appropriate as a compensatory measure, which we request is secured via a condition. However, we recommend changes are made to this plan.
Though a habitat survey of the access track would now be redundant, we recommend that ecological surveys of field 130377 (noting 130344 is not within the ownership of the applicant) should be undertaken as part of its ongoing management, to ensure that it is managed correctly and damage is compensated for.
The As-Built Access Lane Drawing and Planning Statement both refer to a Native Planting Plan, which we cannot find within the online documentation. On page 7 of the Planning Statement, the following statement is made "Proposed native planting along the section of the new track which may provide habitat for Orchids further enhances the rural landscape." New planting in this location is likely to be to the detriment of orchids and other species and to the marshy
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grassland habitat and so we do not recommend that it takes place. However, additional boundary planting with native broadleaved spaces, to close up gaps in the hedge in certain locations would be appropriate.
As a point of clarification - The Ecosystem Policy Team were not consulted on the access track prior to it being constructed, as the 2nd paragraph in 3.2 of the Planning Statement indicates. However, we were consulted following its construction.
Secondary comments -
Drawings have now been provided which shows that the proposals for native planting in the marshy grassland area have now been removed. The Ecosystem Policy Team agree with this removal as additional planting would be to the detriment of the marshy grassland habitat. The plans also state that native planting is to be planted within the applicant's land to support biodiversity. Planting elsewhere on land could be of ecological benefit and help to mitigate against the impact of the track. Therefore as per our [original] response, should this application be approved we request that a soft landscaping plan is secured via a condition.
Agricultural Policy Manager - The fields 130377 & 134181 do not form part a registered agricultural holding. Field 130334 is currently registered with Department as being farmed by Agricultural Business 1375 Mr J B Radcliffe, Ballacain farm, Cronk Road, Ballaugh, IM7 5AT.
From an agricultural perspective all the related fields are of a semi-improved classification and the area converted is of limited agricultural value, the proposed development would not compromise any real viable agricultural activity. It is important to note that a small section of Field 130334 is designated as marshy grassland and the newly developed track runs through it on the boundary. This type of habitat could carry ecological significance, particularly in relation to biodiversity and wetland species. While this doesn't present a barrier from an agricultural standpoint, I recommend that further clarity is sought from DEFA's Ecosystems team to ensure any potential environmental impacts are properly assessed/mitigated (it looks like they have already commented).
In relation to the stable block it is not a requirement under the sheep welfare code which can be found here Codes of Recommendations for the Welfare of Livestock, but overall shelter can be a welfare benefit to the management of sheep and horses.
In relation to the closure of the existing track I have no comment.
6.2 1 representations have been received from a member of the public and can be summarised as follows: o Object to the latter part of the application - formation of access lane. o Access is onto The Curragh Track, which is 2m wide and ditched on both sides in the main bordered by sod hedge, willow and tree species. o The new lane exits onto The Curragh Track at a reflex angle, with removal of the hedge to the east the exit is blind. o Understand vehicles have come off the land and into the ditch in the past. The Track has a sharp bend to the east which represents a danger when existing the lane and those travelling West along the Curragh Track. o The Curragh Track is ancient and established to access fields and stock movement. It was not intended to be a highway. o The new lane has been created at the expense of conservation land.
6.3 Objection has been received from the Manx Wildlife Trust which can be summarised as follows:
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o The site is depicted on a 1974 ecological survey report as an area of high ecological value requiring protection from development. This zonation is of relevance under Strategic Policy 4 & Environment Policy 4. o The site is within an area depicted on the 1982 Development Plan as a 'Nature Conservation Zone / Nature Reserve / Site of Ecological Importance for Conservation'. o The 1995 Isle of Man Phase 1 Ecological Habitat Survey Report recorded Field 130377 as uncommon 'semi-improved' grassland, a declining habitat (which in 1995 occupied only 1.12% of the Island - now less). o Various records held of plant species for the fields typical wet being present on the site. . The Dactylorhiza orchids are fully legally protected under Schedule 7 of the Wildlife Act 1990 and their destruction would be an offence. o The proposed junction with the Curragh Road/Windmill Road is a Designated Wildlife Site (Conservation Verge) for its ecologically notable roadside flora. The proposed 25m visibility splay may impact this Designated Wildlife Site; however, we would require more information in the application to understand this. o The proposals do not include typically expected Working Method Statements or mitigations to ensure that there is no negative impact on the Ballaugh Curragh ASSI, for example, from sedimentation and water runoff, noting that at its nearest location is just 5 metres away from the northern end of the proposed track. o A similar application was recently refused on ecological grounds (20/01297/B). o It should also be noted that a very large area of habitat with the wider Ballaugh Curragh area (habitats as recorded in 1975, 1982 and 1995) have now been lost. o The development would be contrary to Strategic Policy 4 & Environment Policy 4.
7.0 ASSESSMENT
7.1 The following assessment will first consider the proposed stable building and its need for agricultural and equine use and thereafter the retention of the proposed new access track.
PROPOSED STABLE BUILDING
7.2 The key considerations in the determination of the proposed stable building are:
o Principle of development and need o Impact upon the character and appearance of the landscape
7.3 The starting point is to consider the proposed stable building, which itself contains a number of loose boxes used for stabling the applicants horses together with areas for housing their small flock of sheep and general storage.
7.4 The modest stable building is located on land that would, following a site visit, appear to be best described as being within the curtilage of The Rule. Notwithstanding, the building is has been constructed without consent and appears to have been in situ since approximately 2023. The building is positioned adjacent to an existing driveway, parking and turning area that served the dwelling. It is of a scale that is commensurate with the applicant's landholding and it was evident upon visiting the site that there were both horses and sheep present.
7.5 Notwithstanding, the site is located in the countryside where General Policy 3 restricts new development and the proposals are not permitted by GP3. However, Environment Policies 19 and 21 support equestrian development in the countryside subject to meeting various criteria and, therefore, the principle of development is acceptable subject to compliance with relevant environmental protection policies. In addition, given the partial agricultural use of the building, Environment Policy 15 is also relevant.
7.6 Regarding the agricultural need, it is acknowledged that the building is used occasionally for housing sheep that are run over the applicants land. The Agricultural Policy
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Officer notes that one of the three fields is registered as an Agricultural Business but that is not to say that providing housing for livestock is not justified, especially during the winter and times of inclement weather. Livestock housing for sheep is also justified during the lambing season. Generally the need for a dual equine/agricultural use is considered to be justified and the scale of the building is commensurate with the size of the applicants land holding. The building is constructed from timber and sheet roofing and is not a more "permanent" construction such as cavity walls and tiled roof. It therefore has less permanence and could be removed with relative ease. This form of construction complies with Environment Policy 21.
7.7 Having regard to the visual impact of the stable building, the site is well screened and occupies an inconspicuous position within the landscape, meaning that the building, with its limited height, will not be readily seen from any publicly accessible vantage points. The site is well related to other built form in the immediate setting, including the existing dwellinghouse. It does not, therefore, form an isolated new building in the landscape. The new building will be screened by adjacent hedgerow and tree planting which will further limit the visual impact of the development. The finished appearance of the building is typical of buildings in the countryside and is acceptable, being similar to many comparable stable buildings that can be seen across the island. Supporting text to EP19 states at 7.15.1, "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. This is reflected further in EP15.
7.8 Having regard to these considerations, the visual and landscape impact of the proposals comply with Environment Policies 15, 19 and 21.
7.9 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.
7.10 The application site is on land annotated as Class 3/4 on the Agricultural Land Use Capability Map and so Environmental Policies 14 and 19 are complied with in regard to the potential loss of high quality agricultural land.
7.11 Having regard to the above matters, it is considered that the proposals comply with Environment Policies 14, 15, 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.
PROPOSED ACCESS TRACK
7.12 The key considerations in the determination of the proposed access track are:
o Principle of development o Impact upon the character and appearance of the landscape o Impact upon biodiversity o Impact upon highway safety
PRINCIPLE OF DEVELOPMENT
7.13 The track is on land that immediately adjoins the edge of the designated Area of High Landscape Value and Scenic Significance, as identified under the Isle of Man Development Order 1982, and as such there is a presumption against development here. However, General Policy 3 makes provisions for possible exceptions for development on land not zoned for development in the countryside, such as buildings and engineering operations which are essential for the conduct of agriculture or forestry.
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7.14 The access track will serve the residential property at The Rule, but the wider property extends to include agricultural land and the applicant run a flock of sheep and manage the wider smallholding. Those sheep are housed in the building subject of the application and so the access track would provide a direct link to this building. Although not the primary use, there is an agricultural element to the need for the access track which, as the application contends, offers safer access to the property that will improve the safety and efficiency of managing the smallholding. The track does have an element of agricultural need and justification associated to it as a result, although the need is also based upon providing safer and more convenient access to the residential use of The Rule and so the agricultural need is modest.
VISUAL IMPACT
7.15 Turning to the impact of the proposed access track upon the character and appearance of the area, it is noted that the track itself is on the edge and arguably outside the AHLV. Notwithstanding, the track has been created by removing the top layer of soil and laying hard core along its length. The northern section of track runs adjacent to a well-established and high level hedgerow to the northern section, before returning at 45 degrees and crossing open land where it is bounded by stock fencing. The northern section has limited visual impact but can be seen from the access onto Windmill Road and follows good design practice in running along the field boundary edge.
7.16 The original submission proposed the planting of new native hedgerow along the section of open track that runs across the open field at a 45 degree angle. This was intended to create a screening effect but due to concerns raised by the Ecosystem Policy Team, this planting has now been omitted. Having assessed aerial photography, it does appear that vehicles have historically run across the land along the same route as the track, though the impact was limited as the grass/soil was the finished surface. The visual impact of this section of the track is contained to within the applicant's property only and cannot be seen from public vantage points.
7.17 Having regard to the character of the area, it is noted that there are a number of properties accessed off Windmill Road that have lengthy driveways running north and south of the adopted highway. As such, there is an established presence of private driveways and farm tracks in the immediate landscape setting. The application lacks definitive detail of the final finish to the track, though this is something that can be agreed by condition if permission were granted. Having regard to this matter, it is considered that were the track to be top dressed in a material suitable of the rural setting, together with a central grassed strip to create narrow tramlines, the visual impact would be lessened. Such an approach would be reflective of Windmill Road and other access tracks that project north and south of the adjoining highway in the area, which serve both residential and agricultural properties.
7.18 Regarding the access off Windmill Hill, it is noted that this has been slightly widened and hedgerow to the east lowered in order to provide better visibility. Having regard to the original field access, the overall visual impact of these works is considered to be relatively minor.
7.19 It is acknowledged that the unauthorised works have resulted in a visual impact upon the field and immediate surroundings that causes visual harm, which is in conflict with Environment Policies 1 and 2. However, the level of harm is considered to be relatively low and can be further mitigated by the provision of suitable final surfacing to the access and track.
BIODIVERSITY
7.20 The application has been subject to objections from the Ecosystem Policy Team and Manx Wildlife Trust, both of which have noted the biodiversity sensitivity of the site. It is
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evident that the applicant's landholding is located between two areas of the Ballaugh Curragh ASSI and Ramsar wetland, which is of international importance and located adjacent to field 130377. That said, the land subject of the application is not within this designated site.
7.21 As noted by the Ecosystem Policy Team, works have already been undertaken and, therefore, any damage and potential loss of Orchids and other important species will have already occurred. Any further works, such as removal of the unauthorised track, could result in further damage being caused. That said, the application asserts that no Orchids or other important species were present when works were undertaken.
7.22 It is not possible to surmise whether the proposed development conflicts directly with Environment Policy 4 as works have been completed without any knowledge of the presence or absence of protected species. It is, however, noted that Environment Policy 5 indicates that under exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions can be imposed to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.
7.23 In the case of the current application, the ecological proposals within the application may, with appropriately worded conditions, serve to ameliorate the impacts on ecology. Pertinently, and in a pragmatic approach, the Ecosystem Policy Team have provided a range of conditions that would deliver compensatory measures to mitigate any damage that might already have been caused to the land and important plant species. This would include an enhanced management plan and further ecological surveys and allow Environment Policy 5 to be satisfied.
7.24 Should the application be supported, it is considered that whilst there is potential conflict with Environment Policy 4, conditions could be applied to secure mitigation and compensation measures that would offset the adverse impact of the development upon biodiversity.
HIGHWAY SAFETY
7.25 The general premise of the proposed access track is to provide more direct, convenient and safer vehicular access to the smallholding at The Rule. Having travelled to the site along the existing access track, which is approximately 1.05km in length, in incredibly poor condition, narrow and with limited passing places, it is clearly a difficult property to access. The existing lane is certainly unsuitable for domestic, delivery and emergency service vehicles in its current condition. Coupled with the lack of visibility at the junction between the track at A3, the applicants have sought an alternative route to their property.
7.26 The junction between the lane and A3 is at a point along the A3 road that is subject to a derestricted speed limit. Visibility at the access is significantly below the required standard and use of the access, as experienced, is highly dangerous with blind views in both directions when pulling onto the highway.
7.27 Having regard to the danger posed to road users approaching the existing access to the lane and to drivers pulling out on to the A3, there is a strong level of support in highway safety terms to support the provision of an alternative safer route to the property.
7.28 General Policy 2 supports development proposals that will: (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;
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7.29 Regarding the proposed new track, the concerns raised by the Commissioners and interested party are noted and it is acknowledged that the proposal will increase the use of that lane by domestic and agricultural vehicles, as well as service and delivery vehicles. Notwithstanding, the level of daily vehicle movements associated to one property are very low and having walked Windmill Road, it is clearly very lightly trafficked with numerous passing places along its length, which the existing access track lacks.
7.30 In assessing the impact of the development upon highway safety, it is pertinent to note that Highway Services do not object to the new track, access onto or use of Windmill Road for vehicular access serving The Rule.
7.31 When consideration is given to the substandard and dangerous nature of the existing access onto the private lane, coupled with the condition and length of the private track, with limited passing places, the proposed new track offers significant betterment to highway safety. The level of improvement to highway safety and the safety of all road users cannot be understated in this case. The proposals comply with General Policy 2 and the benefits are considered to carry substantial weight in the determination of the planning application.
8.0 CONCLUSION
8.1 In weighing up the proposed development, the starting point is to acknowledge that the proposed stable building is acceptable and 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 is therefore considered to be acceptable and comply with General Policy 2 and Environment Policies 1 and 21 of the Strategic Plan.
8.2 Regarding the proposed access track, it is necessary to consider the policy content but also to have regard to material considerations, including the existing access arrangement serving The Rule.
8.3 The access track will give rise to a low level of visual harm, which will mainly be seen only from within the applicants land and at the access onto Windmill Road. From the latter, the impact can be lessened by agreeing suitable finished materials by condition. Similarly, the unauthorised construction of the track may have resulted in harm to protected plant species, though this cannot now be confirmed. In the absence of any evidence to this effect, conditions can be imposed that mitigate any harm that may have occurred and result in suitable ecological compensation measures being secures on the site, such that the Ecosystem Policy Team's concerns would be satisfied and Environment Policy 5 complied with. There is, however, harm arising to landscape character and biodiversity on the site and this weighs against the proposals.
8.4 Finally, the proposed track will reduce movements along the long access track and use of the substandard and highly dangerous access off/onto the A3. The new track is considered to provide clear and significant benefits to highway safety for users of the A3 and to the owners and any visitors to The Rule. The level of enhancement to highway safety is considered to weigh heavily in favour of the proposed development.
8.5 Having regard to the above considerations, whilst there will be acknowledged harm to landscape character and biodiversity, these impacts will have a low-level impact and can be mitigated through the imposition of conditions. Conversely, the development will result in significant benefits to highway safety, the benefit of which carries significant weight. On balance, it is considered that the benefits of the proposed development outweigh the identified harm and it is therefore recommended that planning permission is granted, subject to conditions.
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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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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 and/or rights to appeal.
Decision Made: Permitted Date: 10.11.2025
Signed : Mr Russell Williams Presenting Officer
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.
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PLANNING COMMITTEE DECISION 10.11.2025
Application No. : 25/90206/B Applicant : Mr Ciaran Gray Proposal : Erection of detached stable/agricultural store, creation of new vehicular access lane (retrospective) Site Address : The Rule Main Road Sulby Isle Of Man IM7 2HR
Presenting Officer : Russell Williams
Addendum to the Officer’s Report
Members considered the Officer recommendation to approve the development subject to 7 conditions. Members voted to refuse the recommendation and a motion was put forward to approve the development, subject to amending the time requirements in conditions 3 and 4 and to remove condition 5. This recommendation was subsequently approved by members and planning permission was granted.
Updated Condition 3: The use of the track hereby permitted shall not continue until an updated Habitat Management Plan has been submitted to and approved in writing by the Department.
The Habitat Management Plan shall incorporate details of compensatory planting, a surveying plan of fields 134181, 130377 and 130344, a regime for summer monitoring to be undertaken by a suitably qualified Ecologist and a timetable for implementation.
Once approved, the measures within the approved Habitat Management Plan shall be adhered to in perpetuity, from the date of approval.
Reason: To ensure the development delivers suitable compensation for affected biodiversity features and to maintain a favourable conservation status.
Updated Condition 4: Should the applicant/owner fail to submit the information required by Conditions 1, 2 or 3 within 12 months of the date of this approval, the use of the track shall permanently cease and the land shall be returned to its former condition, in accordance with a scheme of restoration, the details of which shall first be submitted to and approved in writing by the Department within 12 months of the date of this approval. The scheme of restoration shall include a timescale for its implementation.
Reason: In the interests of landscape character should the impact not be mitigated through the submission of further details.
Condition 5 was removed. __
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