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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01355/B Applicant : Mr & Mrs Paul and Andrea Warrilow Proposal : Erection of winter shelter for two horses and associated storage area. Site Address : Field 211013 North Of Upper Ballacrye Sandygate Jurby Isle Of Man IM7 3BS
Planning Officer: Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.04.2024 __
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 stable building approved is no longer used or required for the stabling of horses, the building and its associated support structures shall be removed and the ground restored to its former condition within 24 months of the date the use ceased.
Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided and its subsequent retention without that need would result in an unwarranted stable building in the countryside.
C 3. The building hereby approved must be used only for equestrian purposes. The building may not be used commercially or for private livery use.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses will require further consideration.
C 4. 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 the Location Plan and Site Plan received 16 November 2023.
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Reason: For the avoidance of doubt, to reflect the information provided in the application and to ensure no unacceptable impact on the environment.
This application has been recommended for approval for the following reason. Overall, the proposal is considered to be of a small scale, providing only the space necessary to house two of the applicant's horses, with an associated hay store and open shelter. The proposal is also of typical stable appearance in terms of its timber construction and proportions and its siting away from the nearest highway, with the existing vegetation backdrop also serving to ensure that the proposal results in no adverse or material harm to the character and appearance of the area. Likewise, its private use, along with the distance and relationship with the neighbours would serve to diminish any harm on the living conditions for occupiers of the neighbouring dwellings. What's more, the need for the building has been demonstrated, and there would be no conflict in this regard with Environment Policies 1, 14, 19, and 21 of the Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the documents and plans received 16 Nov 2023.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The site exists as part of Field 211013 which sits to the west of Summerhill Road, Jurby. Access to the site is via a narrow farm track from the A13 highway which measures about 500m long and is approached from the south of the site. This access track also serves two isolated dwellings, the closest being at Upper Ballacrye which is situated about 234m south of the site, while the dwelling at Ballacrye is situated about 390m south.
1.2 The broader site area which is defined by the blue boundary line, being within the applicants ownership sits directly southwest of a wooded area the bounds most of the northeast and northwest boundary of the site and separates the site from the dwellings; Ballachurry Cottage and Woodlands to the north. The larger site area to which the application site sits measures about 5.07 Acres (2.05 Hectares).
2.0 THE PROPOSAL 2.1 Planning approval is sought for Erection of winter shelter for two horses and associated storage area. The winter shelter which is a mono-pitch roofed building would measure about 7.2m by 5.5m, 3.1m tall when viewed from the front and 2.4m tall at the rear.
2.2 This timber building which would be set over concrete blocks placed in trenches and held in place by rammed earth would have a layout to allow for two open shelter areas, a stable, and a partly open market garden and hay store. The roof is to be finished in Plastisol coated steel box profile sheeting in Juniper green.
2.3 The applicants have provided additional information which indicates that:
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o They currently have 5 "normal" sized horses on the grazing, as well as 2 miniature Shetland ponies. Of these, only 2 of the "normal" sized horses are elderly and need the building, the natural shelter of the natural shelter of the gorse hedges is enough to protect the others.
o They further note that the field, as a whole, is currently used for vegetable growing, grazing equines and housing a small flock of poultry. The long-term plan is to grow more vegetables and increase the percentage of the 5 acres used for this. They state that the equines and the increasing market gardening go hand in hand as they use the horse manure as a growing medium for their "No Dig" vegetable production system.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The application site is located within an area not zoned for development on the 1982 Development Order. The site is not within a Conservation Area, a registered tree area and there are no registered trees on site. The site is not within an area zoned as High Landscape Value or Coastal Value and Scenic Significance, and is also not prone to flood risks.
3.2 National: STRATEGIC PLAN (2016) 3.2.1 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However, there are policies and texts within the Strategic Plan which support some equestrian-related developments provided they do not conflict with the requirements of GP3 and EP1.
3.3 Relevant Strategic Plan Policies: a. General Policy 3 - Exceptions to development in the countryside. b. General Policy 2 - General Development Considerations. c. Environment Policy 1 - Protection of the countryside and inherent ecology. d. Environment Policy 14- Soil quality considerations for development that would result in permanent loss of agricultural land. e. Environment Policy 19 - Local amenity, Soil quality, and highway network and traffic considerations for equestrian development. f. Environment Policy 20 - Conditions for allowing large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance. g. Environment Policy 21 - Development for stabling or shelter of animals in the countryside. h. Strategic Policy 2 - Priority for new development to identified towns and villages. i. Strategic Policy 5 - Design and visual impact. j. Paragraph 7.15.1: "Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose".
4.0 PLANNING HISTORY
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4.1 The field which is the subject of the current application does not have any recent history of planning applications. However, applications have been submitted for a number of equestrian buildings for sites in the immediate vicinity. These include: i. PA 01/00839/B for Erection of agricultural building for horses and cattle, Upper Ballacrye, Sandygate, Ramsey - Refused. This application was refused for the following reason: "The proposed new building is of a size, form and construction that would encourage future use as a dwelling, which would be contrary to established planning policy in respect of residential development in the countryside. There has not been sufficient need for a facility of this type demonstrated as to outweigh the above concern." ii. PA 15/00545/B for Erection of a building to form three stables with feed and bedding store and creation of field access, Field 214380, Upper Ballacrye, Sandygate, Ramsey - Approved. iii. PA 17/00853/B for Erection of double stables and adjoining haybarn, Field 214380, Sandygate, Ramsey - Approved. iv. 23/00954/B for Retrospective approval for erection of stable and agricultural building, Ballachurry Beg, Summerhill Road, Jurby - Approved.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking (24 November 2023).
5.2 No comments have been received from Jurby Parish Commissioners and neighbouring properties.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of the application are: i. The Principle of the Proposed development; ii. The Design and Visual Impact; iii. Impacts on Local Amenity; and iv. Impact on Agricultural Soils.
6.2 The Principle (GP3, EP 21, & Paragraph 7.15.1) 6.2.1 In assessing the principle of the proposed development, it is considered that General Policy 3 resists development in the countryside other than in specified circumstances, none of which is applicable in this case. However, Environment Policy 21 does explicitly allow for equestrian development in the countryside, but only where, by virtue of its siting, design, finish or size, the development would not be detrimental to the character and appearance of the area. As such, any new equestrian buildings must be designed in form and materials to reflect their specific purpose, without resulting in harm to the character and appearance of the countryside.
6.2.2 Equestrian pursuits are also addressed at section 7.15 of the Strategic Plan, with Paragraph 7.15.1 recognising that equestrian activities are becoming increasingly popular and may have an adverse impact on the character and appearance of the countryside. Among other things, sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such impacts. In addition, Environment Policy 19 allows for the development of equestrian activities in the countryside where there would be no loss of local amenity, no loss of high-quality agricultural land and where there would be no highways issues.
6.2.3 From the information submitted, it is evident that the reasons for the building in this location would appear justified, particularly as it would provide housing for the applicant's horses, mainly for two of the elderly horses that are of poor health and require requires
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housing during the winter months. It is also considered that the building is sized to meet the basic needs of the two horses, as well as associated basic hay store and any necessary equipment for keeping the horses. Further to the above, it is considered that this equestrian use would not prevent any agricultural use in the future given that that use for agricultural purposes does not constitute development and can be undertaken without the need for a planning application in line with The Act 1999. Hence, the principle of the proposed development would be acceptable.
6.3 The Design and Visual Impact (STP5, EP1, & EP 21) 6.3.1 In considering the design and scale of the shelter, it is of a proportionate size and form in relation to the proposed use and site area to which it would be situated. In terms of finish, the timber finish would have the appearance of a typical stable building as seen all over the Island, and would be well integrated with the existing site which is largely enclosed in mature gorse hedges.
6.3.2 Further to the above, the position of the building at the southern end of the field and close to the mature sodbanks that lines most of the field boundary, as well as the mature trees situated along most of the eastern boundary of the broader site area would mean that there would be limited views to the building whose scale would make it hardly noticeable from distance views. Additionally, the green roof finish would mean that it would not be seen as an unduly intrusive or incongruous feature in the countryside. Therefore, it is considered that the proposed building would be in keeping with the existing site area, and as a result acceptable from a design standpoint.
6.4 Impact on Local Amenity (EP 19) 6.4.1 Environment Policy 19 resists equestrian buildings where there would be a loss of local amenity. In this case however, the distance to the nearest properties, combined with intervening vegetation, would be more than sufficient to ensure that there would be no material harm in this regard. Moreover, the non-commercial use of the development, would ensure that the associated traffic movements would not cause undue noise and disturbance for nearby residents.
6.4.2 Environment Policy 19 also requires that the local highway network should be able to accommodate traffic generated by a proposed development. In this case, Highway Services who are tasked with the specific responsibility for road safety have not raised any concerns with the development. As such, it is not considered that there would be any highway safety concerns or adverse impacts on the capacity of the adjoining highway network.
6.6 Impact on Agricultural Soils (EP 14 and EP 19) 6.6.1 The site in terms of soil classification is Class 3 and therefore the proposal would not result in the loss of high quality agricultural land and therefore in this respect complies with Environment Policies 14 and 19. Whilst the above is not a reason to allow development that would deplete available agricultural land on the island given that majority of the agricultural soils on the Island (80.26%) fall within Class 3 soils, the scheme does not propose to completely remove the land from agricultural production. Besides, the nature and scale of the build is such that land could still retain its agricultural potential for grazing, or restored to full agricultural use should the equestrian activities be discontinued.
7.0 CONCLUSION 7.1. The proposal is of small scale providing only the space necessary to house two of the applicant's horses, with an associated hay store and open shelter. The proposal is also of typical stable appearance in terms of its timber construction and proportions and its siting away from the nearest highway, with the existing vegetation backdrop also serving to ensure that the proposal results in no adverse or material harm to the character and appearance of the area. Likewise, its private use, along with the distance and relationship with the neighbours would serve to diminish any harm on the living conditions for occupiers of the neighbouring
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dwellings. What's more, the need for the building has been demonstrated, and there would be no conflict in this regard, with Environment Policies 1, 14, 19, and 21 of the Strategic Plan 2016 which seek to protect the countryside.
8.0 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: 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 in Article 6(4) who should be given Interested Person Status. __
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.
Decision Made : Permitted
Committee Meeting Date: 22.04.2024
Signed : P VISIGAH Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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