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23/01033/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01033/B Applicant : Ms Susan Ashall Proposal : Erection of three stables alongside existing agricultural building and additional use of existing and proposed building and site for equestrian as well as agricultural purposes, installation of pipe within existing ditch and mesh on the access lane (retrospective) Site Address : Field 314293, 314294, 315095, 311250 And 311251 Staarvey Road Peel Isle Of Man
Planning Officer: Lucy Kinrade Photo Taken : Site Visit : 19.04.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.07.2024 __
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. In the event that the new timber stable building hereby approved is no longer used or required for the stabling of horses, the stable building and any associated hardstanding flooring shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.
Reason: The stable building has been approved to meet need based on the information provided and its retention without that need would result in an unwarranted stable building in the countryside.
C 3. The timber stable, metal building and fields hereby approved shall only be for private use only and not used for any commercial equestrian use or commercial equestrian purposes.
Reason: The application has been assessed on this private use only as requested in the application for the stabling of horses and keeping of equipment and feed in association with the horses.
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C 4. The elevations of the 3 bay stable building hereby approved must be finished in timber and retained thereafter.
Reason: The application has been assess on this basis and in the interest of visual amenities of the area and impact of the building in the landscape.
C 5. Prior to the installation of any reinforced meshing to the access track route, full details of the mesh to be installed, its installation and fixing method and scheme for its restoration in the event of any removal shall be provided in writing to and approved by the Department. The track works shall only be carried out in full accordance with the details approved.
Reason: In the interest of visual amenity on the wider countryside and on the field itself.
C 6. The change of use of land to private equestrian use relates only to the area outlined in red as shown on drawing number 84326 CUR ZZ XX D S 00002 rev P02.
Reason: The application has been assessed on this area only for private equestrian use.
C 7. In the event that the stable building is removed in line with C2 above, the equestrian use of the land must also cease.
Reason: the equestrian use of the land is considered on an exceptional basis for the need for horse grazing and in the event that need ceases the land shall also revert to its original use and purpose.
C 8. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps, horse boxes or any other associated equestrian paraphernalia on the land edged red on drawing number 84326 CUR ZZ XX D S 00002 rev P02.
Reason: The application has been assessed on the change of use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amenity.
C 9. There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: For the avoidance of doubt and to ensure no harm to the dark skies
C 10. In the event that the metal agricultural building is no longer used for equestrian or agricultural use it shall be removed and the ground restored to its former condition, within 12 months of the date the use ceased.
Reason: To tie in with the original approval 21/01111/B and to take into account the new equestrian use and any subsequent retention without either need would result in an unwarranted intrusion in the countryside.
N 1. The applicant is to be reminded to ensure suitable protection of the ditch and watercourse during the construction works and not to allow any harmful materials to enter. The applicant may be required to complete a separate 9m watercourse form and submit to DEFA.
This application has been recommended for approval for the following reason. The proposals are not considered to result in any permanent loss of any high quality agricultural land, are considered to be of an acceptable scale in this case and being for private
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use only. Whilst isolated in comparison to some, these types of agricultural buildings and timber stables are not uncommon across the countryside and given the siting in the dip would not adversely impact the overall character of the rural setting in line with the principles of Environment Policy 1. In addition the buildings are considered to have an acceptable visual impact and of scale, size, material finish and design fit for their required purposes only and of no cavity construction and would therefore meet the tests of Environment Policies 14, 19, 20 and 21.
While the meshing works would see a new material in an agricultural field it is expected the grass can permeate through and the overall impact is not considered to be so harmful as to warrant a refusal in this case also minded that such mesh can be removed and the land reversed to its original state should it be required. The level of pipe works proposed is not considered unreasonable and not adversely impacting on the overall ditch or its watercourse.
Plans/Drawings/Information; This approval relates to the following drawing numbers and information:
All date received 31/08/2023
date received 5/02/2024 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is fields 314293, 314294, 315095, 311250 and 311251 all located along the western side of the Staarvey Road, Peel. The land holding cover 19 acres.
1.2 Within the site is already an existing agricultural building approved under 21/01111/B subject to conditions. This is covered in more detail at 3.0 of this report.
THE PROPOSAL 2.1 Proposed is the erection of timber stable building comprising 3 stables and the additional use of the land for equestrian purposes including the existing agricultural building. The proposal also includes drainage ditch works and meshing works along the access route and down to the building.
PLANNING HISTORY 3.1 Permission was sought under 09/01649/A for the principle of erecting a new dwelling. This application was refused on the grounds that the proposal would be contrary to established planning policies General Policy 3, Environment Policies 1 and 2, and Housing Policy 4 which not only aim to protect the Manx countryside for its own sake but also seek to direct development to sustainable locations and protect the designated AHLV. The application was also refused on grounds that the proposal failed to demonstrate safe vehicular access and that any engineering works relating to visibility splays would not have an unacceptable impact on the AHLV.
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3.2 More recently 21/01111/B was approved for an agricultural building measuring 8m x 5m set back approx. 115m from the road and 25m in from the northern boundary and in a naturally dipped section of the field as the land slopes downward away from the road. The building was approved to be 3m to eaves and 3.5m to centre ridge. A large roller door on one gable elevation and a single door on a side elevation finished in steel frame and dark green metal cladding sitting on a concrete base. Supporting information for that application indicated animals already using the land and 50 more expected the building allow the applicant to take care of his own stock and provide safe storage for a tractor with loader, backhoe and other attachments for the maintenance of the land, storage of animal feed, tools and supplies for horticultural activities. Most of the site will be used for grazing with parts also being used for growing crops.
3.3 21/01111/B was approved by planning committee subject to 4 conditions as follows: o C1. The agricultural building hereby approved shall be finished in a dark green colour and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area. o C2. The building shall be for agricultural use only. Reason: The application has been assessed on agricultural use only in the interest of protecting the countryside from unwarranted development. o C3. In the event that the agricultural building hereby approved is no longer used or required for agricultural use or purpose it shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased. Reason: The building has been exceptionally approved solely to meet agricultural need and any subsequent retention would result in an unwarranted intrusion in the countryside. o C4. 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. o Reason for approval: The application has been considered on a fine balance that the scale of the proposed building and the explained agricultural need is sufficient and within the bounds of acceptability so as to satisfy General Policy 3 (f) and Environment Policies 1 of the Isle of Man Strategic Plan 2016 and that the siting, design and size of building will have a limited visual impact so as to satisfy Environment Policies 2 and 15 of the Isle of Man Strategic Plan 2016. The application is recommended for approval subject to a number of conditions relating to agricultural use only, the building being finished in dark green and the buildings removal should it no longer be required for agricultural purposes.
PLANNING POLICY 4.1 The application site is within an area not designated for development on the 1982 Plan and within an area of high landscape value (AHLV). The site of the building is not recognised as being at any flood risk, although lower parts of the field are recognised as being at potential surface water flood risk. The Soil Classification is between Class 3 and Class 3/4 Given the nature of the proposals is it relevant to consider General Policy 3(f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, Environment Policy 15 which outlines the general design criteria for agricultural buildings, Environment Policies 1 and 2 which ultimately seek to protect the countryside and AHLV for their own sake and from harmful and unwarranted development as well as Environment Policies 19, 20 and 21 and paragraph 7.15.1 which relate specifically to equestrian development and outlining some support as long as they do not result in the loss of any high quality agricultural land, harm highway safety or by reason of their design detriment the character, appearance and quality of the countryside. These policies also state that cavity wall construction should not be used and that there will be a presumption against large scale equestrian development including new buildings and external arena's in AHLV unless there are exceptional circumstances.
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4.2 The Town and Country Planning Act 1999 states "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly."
4.3 Summary of relevant policies from IOM Strategic Plan 2016: o Environment Policy 1: countryside and its ecology will be protected for its own sake. o Paragraph 7.15.1: general standards towards acceptable equestrian development works o Environment Policy 3: protection of woodland areas o Environment Policy 14 - no loss of high quality class 1 or 2 agricultural land. o Environment Policy 15: sets out general standards towards agricultural buildings and having them clustered amongst existing buildings and not isolated. o 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. o Environment Policy 21: stables not permitted in the countryside if they detriment character and appearance of the countryside and should be design as such to not include any cavity-wall construction. o General Policy 2: General standards towards acceptable development
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Commissioners - no comments received as of 01/07/2024.
5.3. DOI Highway Services - Do not oppose (08/09/2023 and 09/02/2024).
5.3 DEFA Inland Fisheries - no objection (12/09/2023) but precautions will be needed to reduce possibility of harmful materials entering the watercourse.
ASSESSMENT 6.1 The application seeks approval for a number of works bullet pointed below. The test of their acceptability falls to the overall impact on the character and appearance of the landscape, whether there would be any unacceptable loss of agricultural land and whether there would be any impact on any watercourse or ditch. Each element of the proposal is addressed in the following order: o erection of three stables and the change of use of the fields and existing building to allow equestrian use and activities; o installation of mesh access route o installation of pipework into ditch
Equestrian Use and Stables 6.2 The original 21/01111/B application for the building was approved on an exceptional basis that there was an acceptable within bounds agricultural need demonstrated for livestock and agricultural equipment and visually because it was within the natural dip of the land did not interrupt any skyline, was of reasonable footprint, low height and of green colour helping to limit visual impact to an acceptable degree.
6.3 It is clearly evident that the agricultural need has not manifested as anticipated since 21/01111/B and has been sold along with the surrounding fields and put to equestrian use (as set out in the supporting statement with there being 3 horses on site currently). Conditions of the original approval stated that the building shall only be used for agricultural and should that
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need cease then the building removed. The proposal now is for the additional use of the building to allow for equestrian use and the further erection of three timber stables as well as the equestrian use of the fields.
6.4 Whilst the existing building is already in place and as set out in the supporting statement is not being used agriculturally, it should be removed. However this application seeks to retain it and have it used for equestrian related purposes. EP's 19, 20 and 21 set out the criteria for any equestrian related activities or development stating in full: o 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, 2 and up to 3/2) and where the local highway network can satisfactorily accommodate any increase in traffic" o Environment Policy 20: "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." o 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 that 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"
6.5 The site is not recognised as being of any of the agricultural classes requiring protection and so that there would be no unacceptable or permanent loss of any high quality agricultural land. The application has not sought any commercial use and so the existing main access gate is considered sufficient to accommodate the anticipated vehicular and pedestrian movements associated with the private use of the site as to not adversely impact on highway safety. For these two reasons the proposal is considered to meet the tests of EP19.
6.6 EP20 indicates a presumption against large scale equestrian development in AHLV. 'Large scale equestrian' is not defined although alludes to the likelihood of arenas being present. It could be argued that in comparison to other equestrian facilities across the Island that this proposal is fairly small scale having an overall combined building and stables footprint approx. 95sq m and there being no internal or external arenas. The previous officer's report for 21/01111/B also outlined that the existing building having acceptable visual impact on the AHLV given its position within the dip of the site, and this situation has not changed. The proposal is not considered at odds with EP20.
6.7 The existing building is steel framed and clad in green metal sheeting and already concluded to have an acceptable visual impact. The proposal stable is to be lower level than the existing building albeit projecting beyond both ends in a somewhat uncomfortable arrangement, nevertheless its siting, scale and distance from the road and the low level design in a typical timber stable finish reflective of the proposed equestrian use that the sables are not considered to detriment the wider character and appearance of the countryside in line with EP21.
Grass Reinforcement Mesh 6.8 The proposed reinforcement over the existing access track will allow grass to grow through while providing additional grip for vehicles ascending and descending the site. Whilst stretching nearly 125 from the road and not being a natural material generally found within the countryside, meshing like this is generally permeable, pinned in place requiring minimal intervention and installation works and allows natural vegetation to grow through it helping to best ensure a minimal impact on the overall appearance of the countryside landscape. Exact details of the proposed mesh have not been provided and so specification shall be required by condition to ensure its finish, integration with the natural environment and its minimal
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installation intervention to ensure least impact on the environment. Such mesh is also expected to be easily removal should the works be reversed.
Ditch pipe 6.9 The supporting statement states "a small section of the existing ditch is to be piped to provide a more stable surface for the horses to use alongside the stable". The proposed works are not considered to be unobjectionable in this case with the flow of water catered for and not expected to result in any new or increased flood risk to the area. Inland Fisheries have confirmed no objection and that the applicant best ensure no undue hard is caused to the watercourse through any construction or harmful materials entering the watercourse. A note to this effect shall be added to the application.
CONCLUSION 7.1 On review of the application submission including the additional information provided by the applicant in respect of the updated site plans and on reaching a judgement against the relevant equestrian related policies of the Strategic Plan 2016 it is considered that the proposal is acceptable in this specific case not resulting in any permanent loss of any high quality agricultural land, considered to be of an acceptable scale in this case, being for private use only, sited in the natural dip of the field considered to have an acceptable visual impact and both buildings being of scale, size, material finish and design fit for the required purposes only and of no cavity construction the proposal are considered meet the tests of Environment Policies 14, 19, 20 and 21. Given the positive findings in respect of the visual impact the proposed works are not considered to result in any detriment to the wider appearance of the countryside, and whilst isolated in comparison to some, these types of agricultural buildings and timber stables are not uncommon across the countryside and given the siting in the dip would not adversely impact the overall character of the rural setting in line with the principles of Environment Policy 1. Although the meshing works would see a new material in an agricultural field, given the grass should be able to permeate through the overall impact is not considered to be so harmful as to warrant a refusal also minded that such can be removed and the land reversed to its original state should it be required, and the pipe works not considered unreasonable either in this case and not adversely impacting on the overall ditch or its watercourse.
7.2 The application is recommended for approval subject to a number of conditions relating to use of the building and fields, the finish of the stables in timber, the site remaining for private use only and the removal of buildings and cessation of the uses for equestrian purposes should it no longer be required for its approved purposes, the need to submit mesh details for the track and an advisory note in respect of the ditch and watercourse.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 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 Interested Person Status. __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 17.07.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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