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                                      21/00380/B                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00380/B Applicant : Mr Shane & Mrs Susan Kermeen Proposal : Erection of a replacement agricultural building and creation of a horse carriage driving arena Site Address : Cronk Vane Stoney Mountain Road Eairy Isle Of Man IM4 3HJ

Planning Officer: Miss Lucy Kinrade Photo Taken : 15.04.2021 Site Visit : 15.04.2021 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 10.08.2021 __

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. Within 28 days of the completion of the approved building, the building annotated to be demolished on the submitted plans (annotated on Siting for Demolished Sheds drawing date received 23 April 2021), must be demolished and the site made good and the ground restored to grazing agricultural use.

Reason: The application has been assessed on a one for one basis and to accord with the proposed works and to enhance the character and appearance of the countryside. The proliferation of unwarranted structures would result in an adverse impact on the wider countryside.

C 3. The arena hereby approved must only be used for private equestrian purposes in association with the residential dwelling 'Cronk Vane' Stoney Mountain Road, Eairy and not for any commercial use.

Reason: The application has been assessed on a personal basis only and not for any commercial use.

C 4. The built development hereby approved must only be used for agricultural purposes and/or private equestrian purposes in association with the residential dwelling 'Cronk Vane' Stoney Mountain Road, Eairy and not for any commercial use.

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Reason: The application has been assessed on a personal basis only and not for any commercial use.

C 5. In the event that the building hereby approved is no longer used or required for the stabling of horses or agricultural animals and/or the storage of associated equipment the building hereby approved 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 the specific use based on the information provided, and its subsequent retention would result in an unwarranted intrusion in the countryside.

C 6. For the avoidance of doubt no approval is hereby given for any external lighting to be installed to the arena.

Reason: In the interest of visual amenities of the landscape/countryside

This application has been recommended for approval for the following reason. Subject to those conditions requiring removal of an existing building, no commercial use and no external lighting the application is considered to accord with General Policy 3(f), Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to Application Detail, Location Plan, Existing Site Plan, Site Photographs, Proposed Site Plan and drawing number P7016-01 Rev A all date stamped and received 26/03/2021, site sections and levels date received 28/05/2021, Siting for demolished buildings date received 23/04/2021 and email from applicant dated 16/06/2021.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is a parcel of land which lies on the southern side of the Stoney Mountain Road and to the east of the road which leads from there to the quarry. The site is described in the application form as agricultural and it includes a dwelling, Cronk Vane which is a traditional Manx cottage which has a more modern lean to porch across the front elevation and single storey flat roofed annexes at the rear. Alongside this and abutting the road is a line of agricultural buildings in poor repair with a further poorly maintained metal clad shed between them and the cottage. To the rear of this is a more modern, green clad building which has a footprint of and which is visible from the public highway behind the other sheds.

1.2 The rest of the site is open field with the backdrop of the plantation to the west and south and the field slopes downward to the south east.

1.3 At the eastern and south eastern end of the site is a small industrial area which is not designated for such purposes but which has evolve over the years. Alongside the road at the entrance to this industrial area is a dwelling, Athen Rye.

THE PROPOSAL 2.1 Proposed is the erection of a new agricultural building with the creation of an arena/manege. The applicant explains that the new building will be attached to the existing newer green building

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will be used for stabling for their four horses, its development will replace the existing 36.5m by 9.1m shed along the road which is to be demolished. The surface of the 100m by 40m arena will be sand and rubber.

2.2 The building alongside the road to be demolished is in poor condition and is readily visible from the public gaze. The former building which sat to the south has already been demolished and there will remain another older building which sits between the existing building to be demolished and the house along with the newer building to the south of the house.

2.3 The new building will wrap around the existing to the south of the house and extend its length by 18m and its width by 6m resulting in a building which is 36m long and 15m wide. The building will not be any taller. The applicant refers to stabling for four houses in the application as well as an arena for their carriage driving. This arena will involve changes of level on the site and a further drawing has been submitted which shows existing and proposed levels with appropriate sections to illustrate the changes proposed. There will be a build-up of up to 3.5m from the existing ground level (the lowest part lies to the east of the area and some excavation where a new surface will be added above it.

2.4 Additional information from the applicant indicates that alongside 4 horses, they also farm 200 sheep over 30acres and own 5 tractors, a topper, plough, ridger, mower, weed wiper, fertiliser spreader and harrows which they would like to keep under cover.

PLANNING HISTORY 3.1 Permission was granted for the erection of an agricultural shed and demolition of existing shed (19/00145/B) and for a shed (19/00955/B), the later application superseding the earlier.

PLANNING POLICY 4.1 The site lies within an area designated on the Area Plan for the South (2013) as not for a particular purpose. The site is not in a Flood Risk Area although the Stoney Mountain Road in front of the site is identified as being of low likelihood of surface water flooding on the national flood maps and the site is not within any Conservation Area. None of the buildings or trees on the site Registered. A public footpath continues from the Stoney Mountain Road south west to the A3 Foxdale Road. The site is at the very edge of an area of ecological interest on the Town and Country Planning (Development Plan) Order 1982 on which the site is not within an area of High Landscape or Coastal Value and Scenic Significance.

4.2 As such, there is a presumption against development here as set out in Environment Policy 1 of the Strategic Plan. General Policy 3 sets out exceptions to this and includes: "(f) building and engineering operations which are essential for the conduct of agriculture or forestry"

4.3 Environment Policy 15 provides further, more detailed advice on agricultural development: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.

Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.

Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity,

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although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."

4.4 Equestrian related development is not referred to in GP3 but is specifically mentioned in paragraph 7.15.1 and EPs 19, 20 and 21:

4.5 Paragraph 7.15.1 states: "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."

4.6 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"

4.7 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."

4.8 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"

4.9 The site lies within an area designated on the Area Plan for the South's Landscape Character Appraisal as Southern Uplands where the following advice is provided:

"The overall strategy for the area is to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features.

Key Views Open and expansive panoramic views out to sea and over the southern portion of the Island. Distant views in some areas enclosed by the surrounding peaks. Implications of this include: i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape. ii. In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area. iii. Protection of the tranquil, rural character of the area with its open views. iv. Sensitive location of new buildings and the use of screen planting. v. Avoidance of physical or visual amalgamation of roadside housing."

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REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Malew Parish Commissioners - no objections (13/05/2021).

5.2 Highway Services confirm that they do not oppose the application on 20.04.21 and 26.04.21.

5.3 DEFA's Inland Fisheries ask the applicant to complete a form relating to working within 9m of a watercourse (21.04.21). This was provided and they confirm that there are no issues or concerns in respect of the application (the nearby watercourse is not known to contain fish populations) (29.04.21).

5.4 DoI's Flood Risk Management Team advise that there is no flood risk interest in this application (26.04.21).

ASSESSMENT 6.1 There are policies which support the works which are proposed as part of this application and thus the fundamental issues in the assessment would be whether there would be any adverse impact on the appearance and character of the area having regard to the landscape character appraisals and Environment Policies 1, 19, 20 and 21.

6.2 The extension to the existing building will provide an area for horse stabling, agricultural store and an area to lamb during the necessary seasons. This has been sited so as to attached with an already approved building towards the rear of the site and away from the road, its development will also result in the loss of an existing large agricultural building which currently sits along the road and closer to public view which is in a poor state of repair and visually unappealing, in terms of building footprint the changes between the building to be demolished and the extension proposed are negligible (resulting in an extra 45sq m) however there is likely to be an overall net gain in terms of the overall appearance of the site and the wider landscape by collaborating all the built development towards the rear of the site, away from neighbouring properties and away from the road and by removing a large which has now become unsightly.

6.3 In terms of the external arena this is sized to provide a specific area suitable for horse and carriage riding, this is also situated away from the road along the rear boundary of the site and benefiting from the backdrop of the existing plantation, the arena does not including any buildings, structures or lighting. It is to be enclosed by a post and rail fence which is not uncommon and for which there are certain levels of permitted development, and its development will require some re- profiling of the land to create the level surface, however minded of the low levels and distance from the road its likely to go unnoticed to most passing the site minded of the sod banks and hedging that encloses the field along the road which will help to limit public views.

6.4 Soil classification maps indicate this area to be Class 3, so while the proposal results in the loss of a fairly sizable area of grazed field this is not considered to be unacceptable in terms of Environment Policy 19, and there still remains a notable area to accommodate a continued grazing of horses or sheep.

CONCLUSION 7.1 Overall it is concluded that the works are acceptable and to comply with the tests of Environment Policies 19, 20 and 21 and given the low level nature of the sand arena, the negligible changes between building footprints and the visual net gain as a result of the demolition of the roadside building that the scheme is considered to be acceptable. Five conditions shall be added to the approval, one requiring the removal of the arena should it no longer be used or needed, one requiring removal of the building extension should it no longer be used or needed, one requiring the removal of the existing agricultural building, one revoking any external lighting and one clarifying that the stable extension and arena must remain for private use only and not for commercial use.

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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 4(2) 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 : 10.08.2021

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.