51846

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00182/B Applicant : Mrs Michele Richardson Proposal : Creation of all weather outdoor riding area Site Address : Ellan Farm Jurby East Isle Of Man IM7 3HA

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 26.05.2021 __

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. There shall be no external lighting of the development hereby approved other than in accordance with the lighting shown on the approved drawings.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 3. The outdoor riding area shall be for private equestrian use only by the occupants of "Ellan Farm" and not for any commercial or private livery use.

Reason: The application has proposed the outdoor riding area be for private use only and it has been considered on this basis only.

C 4. For the avoidance of doubt no permission is hereby granted for the extension of the residential curtilage of the existing dwelling "Ellan Farm".

Reason: To ensure there is not domestication of the countryside and in the interest if the visual amenities of the countryside.

C 5. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new native hedgerow showing, type, size and position of each. All planting, seeding or turfing comprised in the

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approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the outdoor riding area, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

N 1. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins.

This application has been recommended for approval for the following reason. It is considered the proposal would comply with EP1 and E16 of the IOMSP.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings 2100/PL1000 and 2100/PL1001 all received on 28.04.2021. __

Interested Person Status - Additional Persons

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

Flood Management Division (DOI) __

Officer’s Report

1.0 THE SITE 1.1 The site is forms part of the curtilage of Ellan Farm, Jurby East which is located to the southeast of Jurby East and south of the B3 road. Within the site is a detached outbuilding. To the north of the site is the main dwellinghouse Ellan Farm which is within the applicant's ownership. The site is accessed via a private lane off the B3 which runs in a southerly direction for approximately 275m to the detached outbuilding.

2.0 THE PROPOSAL 2.1 The application seeks approval for the creation of a private all-weather outdoor riding area. The area would measure 20m x 40m. It is not proposed to erect any fencing or lighting. The applicant's agent states:

"My client is not going to fence the riding arena in. She wants the all weather riding arena to be very low key and to blend into the mature surroundings by merely removing the topsoil of the rectangular area which will form the riding arena and replacing it with equestrian rubber

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matting and sand to give her an all weather arena/ riding surface. She will use the removed top soil around the perimeter of the school and plant hedging and wild flowers."

3.0 PLANNING POLICY 3.1 The application site is within an area to which the Isle of Man Development Plan Order 1982 still applies. The application site is not designated for development within the 1982 Order. The site is neither within a Conservation Area nor within an area of High Landscape Value or Costal Value and Scenic Significance.

3.2 There following planning policies from the IOMSP are relevant to consider:

3.3 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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

3.4 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."

3.5 Environment Policy 21 states: "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."

4.0 PLANNING HISTORY 4.1 There are no previous planning applications which are considered relevant in the determination of this application.

5.0 REPRESENTATIONS 5.1 Department of Infrastructure Highway Services (10.05.2021) state: "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking."

5.2 Flood Risk Managment Division comment there are no Flood Risk issues (10.05.2021).

5.3 Ecosystem Policy Officer (DEFA) states (24.05.2021):

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"The existing and proposed plan are a bit confusing because they don't seem to tally with the on ground features according to aerial photographs and the riding area looks like it is to be created further west then is marked on MANNGIS.

However, it does look like a hedge is to be removed to facilitate the development and that a new hedge is to be created around the southern and eastern most sections. Therefore, if this application is approved, the Ecosystem Policy Team request that a condition is secured for details of replacement native hedge planting to be provided to Planning for written agreement prior to works taking place.

Additionally, we request the following note is included on the approval notice:

All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins."

6.0 ASSESSMENT 6.1 The site is not designated for development however, Environment Policy 21 does indicate that equestrian style development can be acceptable as long as it does not detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. While this policy does more relate to equestrian buildings, it is consider an outdoor riding area could also be considered under this policy as well as EP1.

6.2 In this case the proposal is a low level development and would not be publically viewable given the distance from the highway, landscaping within the area and its low level design. Accordingly, it is considered the proposal would not have a detrimental impact to the character and appearance of the countryside and comply with EP1 and EP21.

7.0 CONCLUSION 7.1 Overall, it is considered the proposal would comply with EP1 and E16 of the IOMSP. The application is recommend for an 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.

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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

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 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 : 28.05.2021

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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