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21/00039/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00039/B Applicant : Mr & Mrs Trevor Roberts Proposal : Erection of 2 field shelters for livestock and horses Site Address : Field 434509 Swallows Rest, Bayrauyr Road St. Marks IM9 3AT
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit : 04.03.2021 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.03.2021 __
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. The buildings must be used only for the sheltering of horses or other animals.
Reason: The countryside is protected from development and an exception is being made on the basis of equestrian / agricultural need. As such the building must be used for the purposes for which it is approved.
This application has been recommended for approval for the following reason. The planning application has been designed to ensure its siting and appearance has no adverse impact on the character of this site and the wider countryside, in accordance with Environment Policy 1, 21 which has been recommended for approval.
Plans/Drawings/Information; This approval relates to drawings submitted digitally and received on; 19 January 2021, referenced; 01, 02, 03 __
Interested Person Status - Additional Persons
None __
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21/00039/B Page 2 of 4
Officer’s Report
1.0 THE SITE 1.1 The application forms the curtilage of field 434509 (5.08 Acres) located to the North of Bayrauyr Road, St. Marks and is accessed from an existing field gate onto the highway.
2.0 THE PROPOSAL 2.1 Proposed is the erection of a two small field shelters for grazing livestock and horses.
2.2 The siting of the structures would be to the south of the field, adjacent to the existing hedgerow and mature evergreen trees and size by side.
2.3 The structures would be the same, both single storey measuring externally a footprint of; 3.6m long x 3.6m wide and 3.0m to the ridge. The design would see the internal layout being open plan and an open front of 2.4m wide to the north elevation. The roof would be pitched with a projecting overhang of 0.95m above the entrance to the north elevation.
2.4 The finish would see the walls cladded with timber cladding and the roof, black coloured 'Onduline' corrugated sheeting.
2.5 The site is currently laid to grass.
3.0 PLANNING POLICY 3.1 In terms of development plan policy, the application site is located within an area designated as "White Land" that is not zoned for development on the Area Plan for the South. The Landscape Assessment Map 2, indicates the site is within an area characterised as being "Incised Inland Slopes". The site is not within a Conservation Area, nor is it identified as being within a designated flood risk area.
3.2 The Isle of Man Strategic Plan 2016 contains policies which are considered material to the assessment of this current planning application;
3.3 General Policy 3 (in part) Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (f) Building and engineering operations which are essential for the conduct of agriculture or forestry;
3.4 Environment Policy 1; 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.
3.5 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.
3.6 It is also important to read paragraph 7.15.1 in the Strategic Plan which states;
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21/00039/B Page 3 of 4
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 4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
5.0 REPRESENTATIONS 5.1 Malew Parish commissioners have commented (04/02/21) and do not object.
5.2 Highways Services have commented (05/02/21) and do not object.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the visual impact of the proposed development on the character and appearance of the countryside in terms of siting, design, size or finish. (ii) whether the proposal would adversely affect the countryside.
6.2 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1, and General Policy 3 of the Strategic Plan. There are exceptions to this presumption with respect to the shelter and care of horses and other animals for buildings which are set out in EP21.
6.3 As previously identified EP 21 is the most relevant planning policy in the determination of this application. This essentially indicates that no building will be allowed if it would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish.
6.4 The proposed buildings has been designed to reflect its purpose and is cladded with timber boards which would sit under a pitched corrugated roof and has been designed for predominately a field shelter of animals, or in this case horses as well with having an open front to the north elevation.
6.6 The topography of the land and the location of the stables help to mitigate any distant glimpsing views, when viewed from the highway approx. 20m away with mature hedgerows screening to the southern boundary. The size finish and colour of the barn will help reduce any visual impact from distanced views as it would be seen against a back drop of agriculture land. In this instance is not considered to have a detrimental impact which would adversely affect the character or quality of the landscape to such an extent to warrant a refusal and would comply with the criteria of Environment policy 21.
6.7 As such, it is considered that the proposal manages to satisfy the key tests of Environment Policy 21, however a condition requiring the building's removal and the land returned to its current condition should the building cease to be used for the approved use would, in this case, be appropriate.
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21/00039/B Page 4 of 4
7.0 CONCLUSION 7.1 The planning application has been designed to ensure its siting and appearance has no adverse impact on the character of this site and the wider countryside, which has been recommended for approval.
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 above who should be given Interested Person Status __
I can confirm that this decision has been made by a Principal Planner 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: 11.03.2021
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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