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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00545/B Applicant : John Potts Proposal : Erection of a building to form three stables with feed and bedding store and creation of field access Site Address : Field 214380 Upper Ballacrye Sandygate Ramsey Isle Of Man

Case Officer : Miss Jennifer Chance Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report Site 1.1 The site is a roughly square area of land measuring approximately 20m by 20m. It lies adjacent to a residential dwelling known as Upper Ballacrye which is accessed from a private lane that serves a number of properties.

The proposal 2.1 Proposed is a three bay stable with tack room and a newly created access to the field from the lane. The access to the field necessitated (it has already been carried out) the removal of part of a sod bank 4 metres wide.

2.2 The building would be constructed out of metal sheeting with a brickwork base and a natural grey fibre cement roof. Although elevations and a roof plan have been provided, no floor plan has been. Whilst is can be deduced from the other plans what the floor plan will be like, it is requirement of any planning application and is normally essential for the determination of an application. In this instance it is acceptable that this be submitted as a condition of any approval prior to any works commencing.

Planning History 3.1 A previous application on the site 15/00160/B was refused. That application was for the 'Erection of an agricultural storage building with field access and hard-standing'. The building was to be 15.3 metres by 6 metres with a ridge height of 3.8 metres. No agricultural justification was provided with the submission. The application was refused for the following reason: 'The Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside of areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provisions of General Policy 3, part (f) and Environmental Policy 1 & 15 of the Isle of Man Strategic Plan 2007.'

3.2 01/00839/B. An application for the erection of agricultural building for horses and cattle was REFUSED on the following grounds: "R 1. 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

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residential development in the countryside. There has not been sufficient need for a facility of this type demonstrated as to outweigh the above concern."

3.3 On an adjacent site an application for the erection of an agricultural building (07/00240/B - Field 214380, Upper Ballacrye, Sandygate) was approved, but is now the subject of an enforcement investigation as it appears that it is not in agricultural use.

Development Plan policies 4.1 The site is not designated for development under the Isle of Man Development Order 1982.

4.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policies are relevant in the consideration of the application:-

4.3 Environment Policy 1 states: "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."

4.4 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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".

4.5 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 (see Environment Policy 14 for interpretation of Class 1 and 2).

4.6 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.

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Representations 5.1 Jurby Parish Commissioners (11.6.15): The Commissioners feel that a steel framed building is unusual for a stable purpose built building and believe that stables are normally timber buildings. They note that other people need to have access over the lane, so it is not an entirely private lane. They feel that should approval be given then a condition should be attached which states that they are not to be converted into agricultural storage or a dwelling house or any other living accommodation at any time in the future.

5.2 Highway Services: Do not oppose.

Assessment 6.1 Upon refusal of the last application, which had been submitted without any pre- application discussion, the applicant indicated his surprise at the refusal and stated he only wanted the building for horses and it was the smallest size building he could find. Officers advised that it would be better to apply for stables if that is what the applicant actually wanted and consequently this application has been submitted. It should be noted that the applicant is now different from the person who owns the agricultural building nearby.

6.2 Strategic Plan policies do allow for equestrian related buildings in the countryside, provided they are designed for that specific purpose, are not detrimental to visual amenity or the character of the countryside, provided there is no loss in high quality agricultural land and the highway network can satisfactorily accommodate any increase in traffic.

6.3 In this instance the building is now of an appropriate size for the stabling of three horses. Whilst the use of a metal building is not common, it is not unprecedented. The applicants have planted trees on the boundary nearby and this will help reduce any impact in the surrounding area. The building should be of a colour that blends easily into the countryside and this should be a condition of the approval. As the building is for use of the adjacent dwelling, it is not considered that there will be much additional traffic. Theland is not rated as being of high quality 1 or 2.

6.4 The concern of the Commissioners about the potential of misuse of, or future use of the building, is understood given the number of cases in the north of the island where this has occurred. Given that any other development would need to be justified, it is appropriate to impose a condition that sets out that if the building is no longer needed for its approved purpose then it should be removed.

Recommendation. 7.1 Approval subject to conditions.

Party status (Standard Planning Application)

1. By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

2. In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

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In this instance there are none.

Recommendation

Recommended Decision:

Permitted Date of Recommendation:

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

C 2. Prior to the commencement of development, a floor plan showing the internal layout of the building shall be submitted to and approved in writing by Planning and Building Control. The development shall be carried out in accordance with the approved plans.

Reason: For the avoidance of any doubt.

C 3. Notwithstanding the details submitted with the application the building and roof shall be colour coated either dark green or black and such colour shall be maintained thereafter.

Reason: In the interests of visual amenity and to reduce the impact of the building on the countryside.

C 4. The building may only be used for the purposes of stabling horses and associated tack room. Should the building no longer be required for its approved purpose, or be vacant for a period of 6 months or longer, then the building shall be removed from site and the land restored to grass.

Reason: The building is approved as an exception to policy that restricts unwarranted built development in the countryside.

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This approval relates to Drawing number P5539-01 C; location plan; Proposed Site Plan and Plan of Access.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Director of Planning and Building Control.

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Decision Made : Permitted Date : 31.07.2015

Determining officer

Signed :...M GALLAGHER..

Michael Gallagher

Director of Planning and Building Control