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Site Visit: Monday 22 July 2013
Field 210405, from the plan a little over 1.0 ha, is in a rural location on the south side of the B3 road, bounded by hedges and natural vegetation on all sides, and with Ballagarraghyn Farmstead to its west. At the date of my unaccompanied visit, the grass was mown and there was a range of items along the northern side. From west to east these comprised: what appeared to be dog pound or exercise area close to the boundary with the farmstead, a vehicle trailer, tea room with a 'portaloo'; a pair of park style benches facing 3 upended timber cable drums (improvised tables?); a storage unit possibly a former van body; 2 further 'portaloos'; 2 shipping containers; a chemical waste 'portaloo' (for dog waste?); and a covered skip. The access gate is at the eastern corner.
PA 11/01740/B issued on 3 February 2012 authorised the installation of a sealed cesspool and single portable toilet on the land subject to the following condition. This permission relates to the installation of the wastewater treatment system for use in association with the use of the site as a dog exercise and show facility. If the site is no longer to be used for this purpose the wastewater treatment system must be removed from the site and the ground restored to its original condition.
The appeal application responded to an enforcement enquiry (12/00298/COMP) and expressly sought "The use of field 210405 for occasional dog agility events and occasional camping together with the placement of associated storage structures and buildings." It was refused by notice issued on 2nd May 2013 for the following reason.
The erection of the two storage containers, one caravan and one site hut garden represents an unacceptable and sporadic form of development and does not preserve the visual appearance of the countryside harming the character and quality of the landscape contrary to the provisions set out in General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2007.
The Appellant, Mrs Moneta: planning permission to use the field was issued on 3 February 2012 and the Planning Officer's assessment of the current application found the use acceptable, with no upset to the character of the area and minimal impact. As joint owner, and for no monetary profit, she provides a secure venue for the Island's dog clubs, which is impractical at sports clubs because of conflicting programmes. Field 210405 is ideal, away for any residential area. During 10 years usage there has not been one complaint.
The Island hosts 5 open shows a year, sufficiently prestigious to attract off-island competitors, and 3 are on Field 210405. The outdoor training and show season is just 5 months each year. Equipment is needed for every training session and show. The larger container holds show equipment. All the storage units are portable and have been in place for over 8 years. One has now been permanently removed and the caravan will be as soon as possible¹. The garden shed/refreshment facility is within the 15 sq metre permitted development limit, as is the smaller container, which holds agility equipment and is taken to an indoor facility between September and mid April. Some of the agility equipment dismantles but the components are heavy and require storage close by.
¹ It was not there at the date of my visit - Inspector
Appeal No AP13/0051 Application No 13/00212/C Inspector's Report
The main users are the Ramsey Dog Training Club (RDTC) to promote responsible ownership. The field is used to train handlers. RDTC instructors provided basic training on the field to the Island's Search and Rescue dogs, and club members subsequently acted as 'victims' at various other locations for the animals to seek out. RDTC promotes the Island at UK shows and in small ways assists the Manx economy by the presence of visiting judges, stewards and competitors. A top UK handler sold as many tickets to the general public as to dog handlers when she gave a performance at the Villa Marina.
Replacing the units with a shed, suggested by the Planning Authority, would be less secure and require a permanent base and increased maintenance. To hold the summer equipment it would be unnecessarily large in the winter. The existing units simply rest on the ground, which could be readily restored should the events ever cease.
None of the units is visible from Ballagarraghyn Farm, where the tenant, understood to have a temporary lease, responded to the issued planning decision. He may have been unaware of the approval to use the land and that this application solely concerned the storage units. She had advised him, when taking up his tenancy, to voice any concerns, which he did during the 2012 shows. The RDTC ensured that animals were kept quiet overnight and this is adhered to. Further changes were made in 2013, when the 10 camping units were relocated to the far side away from the farm and the exercise area relocated to the roadside hedge. No parking is permitted near the hedge to the farm. Competitive sports generate some noise - every weekend Jurby racetrack is continuously noisy - and every effort is made to keep the dogs quiet, but seeking complete silence is unreasonable. The farm generates a great deal of unnecessary noise, to which no objection has been raised, and the RDTC will continue act on any concerns raised.
The Planning Authority: Use of this field for dog training, agility competitions and associated shows is considered acceptable given the extent of the land and its distance from residential areas. The boundary is just 6 metres from the farmhouse at Ballagarraghyn Farm but given that there are to be two events each year the impact there would be minimal. The principle was accepted in the approval of PA 11/01740/B. Although designated for agricultural use, the land is not high grade and its use does not upset its rural character. The cesspool and toilet were approved on the basis that they have little impact and could readily be removed were the land to revert to agricultural use.
However, the storage containers, caravan and shed are only partially screened from public view, and least so during winter months. Their incongruous appearance along the edge of a field harms the locality's rural character in conflict with the aims of Strategic Plan General Policy 3 and Environment Policy 1 to protect the countryside from all but a limited range of developments that do not include these types of items.
The Jurby Parish Commissioners did not oppose the application, albeit retrospective, but oppose any step towards a public camp site. On examination of the details, the Highway Authority was satisfied regarding the access.
Inspector's Assessment
with regard to the storage units but in full for "The use of field 210405 for occasional dog agility events and occasional camping together with the placement of associated storage structures and buildings."
It seems clear that use as a "dog exercise and show facility" and as "occasional dog agility events and occasional camping" are simply different descriptions of much the same uses of the field, the camping being ancillary to the events. Accordingly, and notwithstanding the terms of the condition attached to PA 11/01740/B, my starting point is to consider the current application as made on its merits, that is to say both the use of the field and the associated storage.
Strategic Plan General Policy 3 and Environment Policy 1 oppose most forms of development in the countryside, and the dog events do not fall within the scope of any of the identified exceptions. Conversely, responsible dog ownership is desirable and it is difficult to visualise where other than in a rural field the training and shows would be practicable. Sports grounds are the most obvious alternative, but as Mrs Moneta says fixture clashes could well be a problem. Leaving aside the storage units, to which I will return, the intermittent dog events do not undermine the openness of the field or its rural character at other times. Recreation Policy 1 and its supporting text may be seen as offering support pending preparation of a North Area Plan.
The difficulty arises addressing the scale, frequency and duration of events together with the detailed layout regarding car parking, camping pitches and dog pounds or exercise areas. There has been some description regarding these issues but little by way of definition. It is plain too that there has been complaint from the farmer living close by at Ballagarraghyn Farmstead, which has led to the relocation of pitches and parking and other actions by the Ramsey Dog Training Club. There may well be an acceptable limit on the demand for event facilities, but I would be concerned regarding an open ended approval. The Planning Authority suggests a number of conditions were approval to be granted, restricting the months when events may be held (in line with those sought by Mrs Moneta) and also hours of use. The latter is problematic as it stands since the shows extend over several days but could restrict the times of active showing and competition.
Even so, there would remain loose ends regarding the full scope of what could be held were the application approved, which cannot readily be resolved via the process of this written appeal. A temporary approval would be the best way forward, allowing the events to continue for the present but requiring further details to be submitted and assessed by the Planning Authority at least in the first instance. I shall recommend accordingly.
On this basis, the storage units, portaloos and the like are reasonable, ancillary requirements in order to maintain the field, house dog agility equipment and provide basic facilities for visitors. They can be glimpsed over the hedge and would be more exposed in winter months, but they are neatly located, painted green and do not significantly undermine the openness of the field. It would be unreasonable to expect everything to be brought to and from the field for each event and a shed would give rise to the problems outlined by Mrs Moneta. As with the use of the field, the full extent of the ancillary items does require better definition - for example the 15 sq metre permitted development limit referred to does not have application here - but again this could be addressed in a future application.
Recommendations
I recommend that the Minister allows the appeal and reverses the issued refusal notice subject to the following conditions.
This approval relates to the use of Field 210405 for occasional dog agility events and occasional camping together with the placement of associated storage structures and
Appendix No AP13/0051 Application No 13/00212/C Inspector's Report
buildings as shown in drawing 13/0139/01 Rev A and 13/0139/02 Rev A both date stamped 19th February 2013.
All items on the land associated with the use hereby approved shall be removed and the land restored to its previous condition within one month of the approved use of the land ceasing.
The use hereby approved shall be discontinued, all associated items removed from the land and the land restored to its previous condition on or before 2 years from the date of this notice unless the Planning Authority agrees otherwise in writing.
The use of the field for dog shows and associated camping shall not take place outside the months of May to September inclusive with no camping other than that coinciding and associated with the shows.
No active dog competitions or showing shall take place outside the hours of 08.00 to 18.00.
Alan Langton Inspector
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