231176

==== PAGE 1 ====

1 December 2014 14/00922/B Page 1 of 6 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00922/B Applicant : Mrs Suzanne Corlett Proposal : Erection of flood lighting to riding arena Site Address : Field Number 614732 Baldrine Farm Baldrine Road Baldrine Isle Of Man

Case Officer : Mr Chris Balmer Photo Taken : 25.09.2014 Site Visit : 25.09.2014 Expected Decision Level :

Planning Committee

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONTRARY TO THE DEVELOPMENT PLAN WHICH IS RECOMMENDED FOR AN APPROVAL.

1.0 THE APPLICATION SITE 1.1 The application site comprises a field (Field Number 614732) located on the southern side of Baldrine Road, to the immediate north west of Baldrine Cottage. The horse riding arena is a recent development which received planning approval in 2010.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of flood lighting to riding arena. The proposal would include six, 5m high lighting columns with a single 80watt LED lamp attached.

2.2 The applicant has advised that the arena lighting would only be required in the darker winter months and would be switched off at 8pm. They indicate that typical usage would be that younger riders would come to the stables after school until 5pm. Riders and stable users who would work during the day would attend from 6pm till 8pm.

3.0 PLANNING HISTORY 3.1 It is considered the previous planning applications are relevant in the determination of this application:

3.2 Alterations and erection of extension to stables (partial retrospective) - 14/00203/B - APPROVED

3.3 Installation of flood lighting to riding arena - 12/01160/B - REFUSED at appeal on the following ground: "R 1. The proposal is contrary to Environment Policy 2 of the Isle of Man Strategic Plan 2007 in that the lighting, if approved, would cause unacceptable harm to the character and quality of the landscape which is recognised as being of High Landscape or Coastal Value and Scenic Significance."

3.3 Erection of a stable block and all weather manege - 10/01576/B - APPROVED with the following conditions approved: "C 3. Prior to the commencement of use of the stables and manege the new vehicular access arrangements must be set out and constructed in accordance with the approved drawings.

==== PAGE 2 ====

1 December 2014 14/00922/B Page 2 of 6

C 4. No permission is granted by this planning approval for the erection and use of floodlighting columns and lights shown within the submitted drawings."

4.0 REPRESENTATIONS 4.1 Lonan Parish Commissioners recommend an approval (received on 22.08.2014)

4.2 The Department of Infrastructure Highways Services do not oppose the planning application (received on 14.08.2014).

4.3 The owner/occupier of Struie, Highfield Drive, Baldrine has no objection and indicates that this scheme which has been designed by a "Professional Lighting Design" indicates that there will be very littler overspill beyond the manege, which is a great improvement over previous method of illumination (received on 27.09.2014).

5.0 PLANNING POLICY 5.1 In terms of local plan policy, the application site is designated as high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. The plan also identifies that overhead high tension electricity lines cross the application site. The Laxey and Lonan Area Plan Order 2005 contains one policy that is considered specifically material to the assessment of the planning application.

5.2 Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application.

5.3 General Policy 3 states: "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 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."

5.4 Environment Policy 2 states: "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

==== PAGE 3 ====

1 December 2014 14/00922/B Page 3 of 6 (b) the location for the development is essential."

5.5 Environment Policy 20 states: "There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."

5.6 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

6.0 ASSESSMENT 6.1 The starting point is to acknowledge the relevant planning polices and the site designation. In this respect the site is within an area not designated for development, and is within an area of High Landscape Value and Scenic Significance, therefore the potential impacts of the lamp standards and lighting must not harm the character and quality of the landscape and or be essential (EP2).

6.2 The second material planning consideration is the history of the site and in this case the fact that a previous application for lighting was refused at appeal. That proposal was for six, 6 metre high poles with a 400w sodium floodlighting on each pole. The information proposed was not produced by a lighting specialist. The Inspector for application 12/01160/B commented that: "Nevertheless, the evidence and expressed views of local resident and the Parish Commissioners are indicative of the type of problems that can arise from poorly located and designed floodlighting. With that context it is unsatisfactory that the application and appeal documentation contains no technical evidence regarding the illumination that would arise from the proposed installation. In cases of this type it is usual for lighting diagrams to be submitted showing the levels of illumination that would result on particular areas of the site, and to establish that light spillage onto areas beyond the arena will be limited to acceptable levels and that intrusive lighting of the night sky and glare to adjacent properties and highways will be avoided..."

The applicant's new scheme has been designed by a lighting specialist, including lighting specification and plans.

6.3 The initial scheme submitted for this current application, proposed eight, 8m high lighting columns and lamps which had an average illuminance of 101 lux level. Visiting the area during the hours of darkness (7.20pm) there was concerns that the area which surrounds the site is characterised by darkness. There are individual lighting sources connected with residential properties along the Baldrine Road which are also visible. However, there were concerns that the level of lighting proposed would have cause an unacceptable impact given the number and level of illuminance. Accordingly, the applicants have revisited the scheme and a new scheme has been proposed which is for six, 5 metre high lighting columns with LED lights which have an average lux level of 31.7, significantly lower than the initial scheme. The submitted plans also show how light trespass outside the manege would appear, showing an illuminance of below 15 Lux around the manege.

6.4 When determining light levels it is perhaps important to understand what 'lux' levels are. Simply stated, the lux is the metric unit for measuring the amount of light that falls on an object, and is the European equivalent of the British foot-candle (or lumen). Specifically, 1 lux equals the amount of light that falls on a one-square-metre surface that is one metre away from a single candle. 10 lux equals the amount of light produced by 10 candles one

==== PAGE 4 ====

1 December 2014 14/00922/B Page 4 of 6 metre away. As a rough guide the level of illumination required in a dark area to recognise a face at a distance of 10 metres is 2.7 lux. Other examples of typical outdoor lux levels are:

Situation

LUX LEVEL Night time on a dark landscape (remote area, national park) <1 Night time in a rural location

1 Night time on an urban street (suburban)

5 Night time in an urban street (town or city centre)

10 Flood lighting on a stone building

60 Evening televised football match (at pitch level)

1600

6.5 There is no guidance produced by the Planning Authority or any other Government Department relating to lighting levels. The applicants have made reference to The Chartered Institution of Building Services Engineers (CIBSE) lighting guide. This generally used guide for lighting indicates that a reading of 50 lux level would be regarded as a 'high risk', whilst a level of 20 lux would be 'low level'. This proposed design of the lighting is based on this guidance.

6.6 The main concern is how the illuminated manege will appear within the countryside, and whilst the land around the area and residential properties will not be significantly illuminated, there is the potential for the proposal to appear as a larger rectangular block of light within the countryside, being publically visible particular from the Baldrine Road (A2) and from Baldrine Park housing estate all to the east of the site.

6.7 The applicants as well as reducing the number of lighting columns, the height of the columns and illumination levels, from the initial scheme; they have also indicated that they would be willing to undertaking additional tree planting, perhaps Norway Spruce, at a height of 3 / 4 metres in height. This tree planting would be additional to the existing Manx sod bank with hedgerow above (2m in height) and existing mature trees along the east and southeast of the site.

6.8 They have also drawn attention of the topography of the land between the site and the main A2 Road and Baldrine Park. They have indicated that the topography is such that the ménage is screened from these public views, which will also help reduce the appearance of the proposal.

6.9 The submitted drawings also induce a photo-montage of how the "glow" of the proposal will appear during night time. These do indicate that there will be an increased level of lighting in the countryside, which will be apparent from the public views to the east of the site. However, the submitted information does seem to demonstrate that such level, type, amount and position of lighting would not result in a significant impact to the detriment of the character and quality of the landscape.

6.10 From the submitted information it is considered the actually physical appearance of the structure of the light columns, during day times, in this location and given the main public views are distance views, it is considered the visual impact would not be significant. The existing and proposed landscaping around and in the backdrop, again will help reduce their appearance. A condition requiring the lighting columns to be finished/painted in a coloured a dark colour should be attached to any approval.

7.0 RECOMMENDATION 7.1 Overall, the application is finely balanced decision, on one hand the proposal would introduce lighting to the countryside, and whilst not in an isolated area with no other lighting sources in the vicinity, it is still characterised as being a rural location which is dark in nature. The lighting now proposed is a significant reduction, compared to the lighting scheme initially proposed with this application, and with additional planting this has overcome initial

==== PAGE 5 ====

1 December 2014 14/00922/B Page 5 of 6 significant concern. The times the lighting would be operational (1600hrs till 2000hrs) during winter periods only, also helps limit the impact the lighting would have. In conclusion, for the reasons given the proposal; arguably, would comply with the relevant planning policies and therefore recommended that the application be approved subject to conditions.

8.0 PARTY STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owner/occupier of Struie, Highfield Drive, Baldrine

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

01.12.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. 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 tree planting (type, size & amount) along the southern and south-eastern corner of the outdoor riding arena. All further 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. Any trees or plants which within a period of five years from the completion of

==== PAGE 6 ====

1 December 2014 14/00922/B Page 6 of 6 the development die, are removed, 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 3. The lighting may be in use only between the hours of 1600hrs and 2000hrs.

Reason: In the interest of visual amenity of the countryside.

--

This approval relates to drawings reference numbers PTA-160-01, PTA-160-02, P1450140523- 04 REV A, PTA-160-05, PTA-160-06, PTA-160-07, PTA-160-08, PTA-160-10 and PTA-160-11 received on 4th August 2014 and 18th November 2014.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date : 8th December 2014

Signed : Mr C Balmer Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO