Loading document...
==== PAGE 1 ====
21/00036/B Page 1 of 22
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00036/B Applicant : Mr Mark Pearce Proposal Conversion of existing stable, store and kennel buildings to provide 12 tourist accommodation units (class 3.6), wellness spa (Class 4.1), café (class 1.3) and a residential apartment (class 3.4) with associated parking and access, creation of an equestrian arena with associated stable block and relocation of an existing agricultural building Site Address Oatlands Farm Oatlands Road Santon Isle Of Man IM4 1ED
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
30.11.2021 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 29.04.2022
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 tourist accommodation units, wellness spa, café, residential apartment, and equestrian arena with associated stable block hereby approved shall not be occupied or operated until the Visibility Splay arrangements, internal pedestrian and vehicle areas, and additional car parking and manoeuvring areas, have been provided in accordance with the approved plans (20/03026/03A and 20/3026/04) received 19 January 2021. Such areas shall remain free from obstruction thereafter and remain available to the users of the approved development.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles, and pedestrian movements in the interests of highway safety.
C 3. The tourist accommodation units, wellness spa, café, and residential apartment which forms part of the development hereby approved shall not commence until a scheme for the provision of a bat boxes to be installed in specific locations on the converted buildings has been submitted to the Department for approval. The bat boxes are to comprise five boxes suitable for crevice dwelling species, and three suitable for cavity dwelling species. The works to install the bat boxes shall take place strictly in accordance with the approved details and shall be
==== PAGE 2 ====
21/00036/B Page 2 of 22
completed before the first occupation of the development. The bat roost shall be permanently retained in accordance with the approved details.
Reason: To safeguard a statutorily protected species.
C 4. Prior to the commencement of the development hereby approved, details of the two swallow nesting platforms to be erected in the re-located barn to mitigate against the loss of their nest sites shall be submitted to and approved in writing by the Department. The details shall also show how permanent access into the barn will be enabled for them. The swallow nesting platforms shall be permanently retained in accordance with the approved details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 5. The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in Appendix 1 (Pages 7-12) of the Manx Bat Group's amended Oatlands Farm Bat Survey Report dated 7 December 2021, to provide appropriate mitigation for bats swallows within the site and immediate locality.
Reason: To safeguard a statutorily protected species.
C 6. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.
They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.
Reason: The occupation of the holiday/tourist accommodation as permanent residential units would not comply with the Strategic Plan policies regarding residential development in this area.
C 7. The tourist accommodation units, wellness spa, café, residential apartment, and equestrian arena with associated stable block hereby approved shall not be commenced until details of refuse storage have been submitted to and approved in writing by the Department. These elements of the development shall not be occupied until the refuse storage has been provided in accordance with the details so approved, and shall thereafter be retained solely for this purpose.
Reason: In the interests of the appearance of the development and of the amenities of the area.
C 8. The walls of the proposed stable block shall not be made of cavity-wall construction, if blockwork is used for the wall construction.
Reason: To ensure compliance with the requirements of Environment Policy 21 in terms of form and materials used for construction of stables.
C 9. The apartment hereby approved shall not be occupied at any time other than for use as staff accommodation; and shall not be occupied as rental accommodation or sold off separately.
Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
==== PAGE 3 ====
21/00036/B Page 3 of 22
C 10. Prior to the occupation of any part of the converted buildings and equestrian arena with associated stable block hereby approved, the traffic management scheme which includes the segregation of existing access to dwelling, equestrian/agricultural traffic and tourist traffic shown on the Entrance Visibility Splays (Drw. No. 20/3026/04), Proposed Equestrian Stables and External Riding Arena (Drw. No. 20/3026/09), and Proposed Site Plan (Drw. No. 20/3026/03 A), all received 19 January 2021, shall be provided and retained as such. Signs shall be provided at the site entrance(s) and within the site to clearly show this segregation.
Reason: To ensure that the development will not compromise the free flow of traffic or highway safety during the operational phase of the development.
C 11. There shall be no permanent or temporary jumps or other equestrian related structures erected, fixed or constructed within the site without the prior written approval of the Department.
Reason: In the interests of visual amenity given the prominence of the site in the open countryside.
C 12. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that order with or without modification), the café (class 1.3) use hereby permitted shall not include deliveries to clients off the premises or any activity involving such sales whether ancillary or incidental to the use of the premises.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
C 13. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the buildings hereby approved shall be used only for the purpose hereby approved, as tourist accommodation units (class 3.6), wellness spa (Class 4.1), café (class 1.3) and residential apartment (class 3.4), and shall not be used for any other purpose without the express grant of planning approval from the Department.
Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
C 14. There shall be no external lighting of the external arena hereby approved.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 15. Prior to the commencement of the development hereby approved, details of secure and covered Cycle storage and EV Charging points shall be submitted to and approved in writing by the Department. The secure and covered Cycle storage and EV Charging points shall be provided strictly in accordance with the details, and thereafter retained as such.
Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.
This application has been recommended for approval for the following reason. The application would not harm the use and enjoyment of neighbouring properties, or the character of the surrounding countryside and would comply with Strategic Policy 8, Business Policy 12, Environment Policies 15, 16, 19, 20, 21, and broadly aligns with Housing Policy 11 of the Strategic Plan 2016.
==== PAGE 4 ====
21/00036/B Page 4 of 22
Plans/Drawings/Information;
This approval relates to the following plans and documents:
o Planning Letter (dated 24 December 2020); o Letter indicating Oatlands Farm Proposed Areas (19 January 2021); o Drawing Nos. 20/3026/01, 20/3026/02, 20/3026/03 rev A, 20/3026/04, 20/3026/05, 20/3026/06, 20/3026/09, 20/3026/10, 20/3026/11, 20/3026/12, 20/3026/14, and 20/3026/15, Received 19 January 2021,
o Correspondence between the applicants and DOI Highways (received 1 April 2021);
o Bat Survey Report received 23 April 2021;
o Revised Bat Survey Report received 7 December 2021;
o Photographs; o Drawing No. 20/3026/13 rev A, Received 18 January 2022,
o Correspondence from Agent received 21 January 2022, and
o Drawing Nos. 20/3026/07 rev A and 20/3026/08 rev A; o Letter from Agent (dated 5 April 2022), Received 12 April 2022. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
(DOI) Flood Risk Management Division, Manx National Heritage, DofE (Tourism Division)
It is recommended that the owners/occupiers of the following property should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
1 South Grawe, Laxey, is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
It is recommended that the following organisation should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:
The Society for the Preservation of the Manx Countryside and the Environment, and Isle of Man Natural History & Antiquarian Society,
as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
==== PAGE 5 ====
21/00036/B Page 5 of 22
__
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL DOES NOT COMPLY FULLY WITH HOUSING POLICY 11, AND SOME ELEMENTS OF THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN, BUT THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The site represents part of Oatlands Farm, which is located on the south western side of the Oatlands Road (B24) which links the Old and New Castletown Roads (A25 and A5). To the southwest of the farm is Oatlands Quarry.
1.2 The farm complex (all included within red line of submitted site plan) includes the original farmhouse to the southeast of the complex, with a number of stone traditional Manx barns to the north and north-west of the farmhouse. Beyond these stone barns to the northeast and west are a number of more modern portal framed/block work barns and silos all various heights and sizes. It would appear the more modern barns have been erected over a period of time, rather than all at the same time.
1.3 Along the northwest boundary there is a significant level of mature landscaping and mature trees, with recent additional planting as well, which limit the appearance of the farm to the north and northeast of the site (i.e. from the Oatlands Road). This dense line of mature landscaping also lines the frontage of the buildings on the northeast section of the site. Trees are also scattered along the front boundary of the site, by the B24.
2.0 PROPOSAL 2.1 The application seeks approval for Conversion of existing stable, store and kennel buildings to provide 12 tourist accommodation units (class 3.6), wellness spa (Class 4.1), café (class 1.3) and a residential apartment (class 3.4) with associated parking and access, creation of an equestrian arena with associated stable block and relocation of an existing agricultural building.
2.2 The proposal would include residential, tourist, equestrian and agricultural uses and would include the following elements:
2.2.1 Alterations to existing buildings to create 12 tourist accommodation units: The unsightly lean to additions to the existing stables and stores around the existing courtyard garden would be removed, with the barns converted to the 12 tourist units. The external changes to the barns would include creating additional fenestrations or altering the size of existing fenestrations.
i. The southeast elevation (Elevation A) facing the courtyard will have an additional window created on the first floor, while the cill of some windows would be lowered to create bi- fold doors. Also, the lower cill of three windows would be raised. New UPVC single pane casement windows and a top hung casement window would be installed to replace the existing windows on this elevation which are of various casement styles. New stable doors with glass top will replace the existing doors on the front elevation.
ii. The Northeast elevation (Elevation B) also facing the court yard. The key change on this elevation would be the creation of a new opening for a picture window on the first floor, removal of the sliding shed door, lowering of the window cill to create new door and window, and installation of new Anthracite grey UPVC casement windows to replace existing windows.
==== PAGE 6 ====
21/00036/B Page 6 of 22
iii. The southwest elevation (Elevation C) which faces the existing paddocks will be the elevation with the most alterations. The lean to addition on this elevation removed, with four new openings created for patio doors with Juliet balconies. In addition, a new window opening would be created on the first floor, while an existing opening on this floor would be adjusted to create a new patio door opening with Juliet balcony. Five openings on the ground floor would be adjusted to create new opening for bifold doors.
iv. On northwest elevation (elevation D), the elevation facing the proposed parking area, and currently faces the farmyard on its north elevation, would also have the lean to addition on this elevation removed. As well, five new window openings would be created on the first floor of this elevation, while seven new window openings would be created on the ground floor. Further alterations on this elevation would involve the re-adjustment of three windows (two on the ground floor and one on the first floor).
2.2.2 All the new doors and frames to be anthracite grey UPVC frames with sealed double glazed units, while the new windows to be anthracite grey UPVC Rehau Conservation Section frames with sealed double glazed units. The existing Manx stone external walls to be treated and repointed. The roof over this building would be replaced with new roof tiles finished in natural slate to match existing. New gutters and downpipes to be cast iron style UPVC in black colour. A new walled garden would be created at the rear of units 6 - 10 with grass planted within garden. The units would also have decking area leading to the grassed area within the walled garden.
2.2.3 Conversion of the existing kennels, stables and stores situated on the southern side of the courtyard to tourist units 11 and 12. The works would include:
i. On the northwest elevation: Creating a new window opening on the northwest elevation; Lowering a window cill to create a new door to one of the units; and Blocking up the lower part of a door to create a new window.
ii. The changes to the southeast elevation would involve creating four new window openings.
iii. There will be no changes to the southwest and northeast elevations.
2.2.4 Conversion of existing buildings (Stable/store/hayloft/garage and workshop) to create Wellness Facility and Apartment. The works would include: i. Installing five Velux rooflights over the roof on the front (southwest) and rear (northeast) elevations of rendered section. ii. Installing a bifold door to opening on front of Manx stone section. iii. Installing new glazed sections with patio doors at centre below painted/stained vertical timber cladding over. iv. Existing cill over the two large windows on rear of rendered section lowered to create new door openings, with new units installed on openings. v. New windows and doors to be installed on openings. vi. There would be no changes to northwest elevation and rear of stone section. vii. A new one bedroom apartment with bathroom, store and open plan kitchen, dining and living area would be created on the first floor of the rendered section and over the Café and Wellness Spa.
2.2.4 Construction of a new Equestrian arena with 14 associated horse Stables: i. The riding arena would be 60m long and 30m wide, and have a new timber fence to perimeter. A gated access would be created to connect the riding arena to the hardstanding area linking the paddocks, proposed stables, and farm yard.
==== PAGE 7 ====
21/00036/B Page 7 of 22
ii. A new stable block measuring 33.5m long (on the widest elevation) and 18.6m long on the sides, 5m wide, and 3.6m high (2.5m to the eaves) would be erected southeast of the riding area; partly enveloped by the paddocks. The roof of the building will be finished in profiled metal roof sheeting, while the external walls of the building would be finished in painted blockwork or stained shiplap timber boarding. Ne doors and windows to be painted/stained timber units.
2.2.5 Relocation of an existing Agricultural shed: The existing agricultural barn situated directly north of the courtyard and south of the pond on the site is to be relocated to the northwest end of the existing building cluster and directly north of the proposed external riding arena. This barn which has no openings to the sides and rear elevations, with open sections and a pedestrian access door to the southeast (front elevation) would be dismantled and moved but there would be no changes to its external appearance. Its orientation would also remain unchanged. The barn is to be relocated to give better aspect to the tourist units of the surrounding area and facilitate the creation of the parking areas.
2.6 Total floor area for the proposed units and relocated barn: 2.6.1 Tourist Units 1 - 10: o Ground Floor - 517.34m2 o First Floor - 489.32m2 o Total - 1006.66m2
2.4.2 Tourist Units 11 & 12: o Ground Floor - 109.66m2 Total Area for Tourist Units - 1116.32m2
2.4.3 Treatment and Wellness Spa: o Ground Floor - 205.27m2 o Apartment above - 133.86m2
2.4.4 Equestrian o Stable Block - 308.71m2 o External Arena (60x30m) 1800m2
2.4.5 Relocated Barn - 390m2 (this is an existing building being moved) (All areas are gross external)
2.2.6 Additional works would include creating all associated parking and access arrangements: The existing agricultural barn situated north of the farmyard would be dismantled and relocated, while a new parking area would be created at this location. 30 parking spaces would be created here and would include 26 standard parking spaces and four disabled parking. The parking areas would be finished in new block paving. Added to these are 6 parking provisions that already exist on site.
2.3 Additional information provided by the applicants include the following:
2.3.1 The courtyard between the buildings has been kept clear of traffic to create a central community style space for use as amenity for the guests.
2.3.2 The Spa facility is designed as a multifunction space with treatment rooms to allow for meetings or classes to be held. The café within this facility will serve light snacks, tea and coffee to people attending the spa and to visitors to the Equestrian arena, as well as the tourist units created on the site.
2.3.3 A new Bio Disc sewage treatment plant discharging to soakaway would be installed on the site.
==== PAGE 8 ====
21/00036/B Page 8 of 22
2.3.4 The tourist units are intended to be let for a minimum of 2 nights. Check out would be 11am and check in would be 3pm. Staff would consist of 2 cleaners at busy times. An additional member of staff may be employed to man reception and serve teas and coffees.
2.3.5 The spa has two treatment rooms and a general room for classes of up to 12 persons. Spa treatments are anticipated to be at hourly intervals from 9am to 5pm. With two treatment rooms this would generate 14 car movements per day. Staff would consist of the owners / operators of the business who intend to live over the Spa. There would be two additional professional staff for the treatment rooms. The Spa and café will generate some delivery traffic which is estimated at two deliveries per week if not collected by the operators from Tosco's on the Quay which is 5 minutes' drive away.
2.3.6 Traffic movement for the staff could be an additional 3cars per day in each direction commencing at 9am and leaving at 5.30pm.
2.3.7 Classes could only be held when room permits as the area for the café facility would double up with the class area.
2.3.8 Most classes would be held in the evenings when treatments are not taking place. This would take the form of Yoga classes or similar and would generally be 3 times per week during weekdays. Cars journeys generated would be a maximum of 12 entry and egress from say 6pm to 8pm.
2.3.9 The existing farm currently houses dog kennels and stables where the tourist accommodation is to be located. This currently attracts a number of vehicle movements during the day.
2.3.10 The new stable block and arena is accessible from the Industrial Unit and concrete plant end of the farm also.
2.3.11 There will not be any new horses on site they are simply being relocated to better purpose designed stables with a better riding facility. It is not anticipated that the numbers will increase greatly but the time spent on site for visitors will increase due to having the additional facilities.
2.3.12 The loss of the dog kennels will decrease traffic movements to and from site in the morning and evening.
2.3.13 Waste disposal trucks currently access the site on a regular basis and whilst having additional tourist accommodation and spa facilities on site will increase this domestic waste it will not increase the frequency of these visits.
2.3.14 Bicycle parking is easily catered for in the existing barns which are already used for storage and electric vehicle parking points could be integrated subject to identifying the best location for them. A condition to facilitate say 2 vehicle charging points would deal with item. Electric Bicycle's and normal mountain bikes would be available for hire by the guests.
2.3.15 The traffic movements are split throughout the day with arrivals and people leaving at different times.
2.3.16 The entrance to the site has good visibility and the road is infrequently used and therefore the impact of the additional traffic is negligible.
==== PAGE 9 ====
21/00036/B Page 9 of 22
2.4 Further to queries regarding the equestrian use of the site by the Planning Officer, the applicant's agent has provided additional information dated 5 April 2022 which states the following: i. The buildings being converted have been used as stabling for horses for at least 20 years with the exception of units 11 and 12 which have been used as dog kennels. ii. Whilst these were used for horses, they are not up to present day standards and require considerable work taking place hence the use proposed. iii. The present owners purchased the property with the equestrian use already in place.
3.0 PLANNING POLICY 3.1 The application site is within an area not designated for a particular purpose on the Area Plan for the East. The site is not within a Conservation Area, and the site area is generally not prone to flood risks, although small sections of the site area have low, medium and high likelihood of surface water flood risk as indicated on the Isle of Man Indicative Flood Maps. The site is also not within a Registered Tree Area and there are no Registered trees on the site.
3.2 The Character Appraisal within the Area Plan for the East states thus concerning the area: "Landscape Character Area: Santon (D13)
3.2.1 Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons; b) its scattered settlement pattern; c) its Victorian garden and the railway.
3.2.2 Key Views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. Incinerator chimney forms a notable landmark in the immediate area. Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. Views from Isle of Man Steam Railway."
3.3 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:
3.4 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: (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; (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.5 Business Policy 1: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
3.6 Environment Policy 16: "The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
==== PAGE 10 ====
21/00036/B Page 10 of 22
a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation; b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) there would not be unacceptable implications in terms of traffic generation; e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site."
3.6.1 A number of the Strategic Plan policies also reinforce support for tourist development in the countryside and provide guidance as to how these would be acceptable. These include Strategic Policy 8, Business Policy 11, Business Policy 12, Business Policy 14, and Environment Policy 16, as well as paragraph 7.13.2 which supports the diversification of farms in the countryside.
3.7 Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.8 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.8.1 Appendix 7: i. Apartments - 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms. ii. Hotels, motels, guest houses - 1 space per guest bedroom. In rural and suburban locations. In urban locations standards may be relaxed as (d) below o (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. iii. Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) - 1 space per 15 square metres gross floor space.
3.9 There are policies within the Strategic Plan which make provision for the conversion of existing buildings of interest to other uses, including residential accommodation as exceptions to the presumption against development as set out in General Policy 3. Housing Policy 11 states:
"Conversion of existing rural buildings into dwellings may be permitted but only where, a) redundancy for the original use can be established; b) the building is substantially intact and structurally capable of renovation; c) the building is of architectural, historic or social interest; d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; e) residential use would not be incompatible with adjoining established uses or, where appropriate land use zonings on the area plans; and f) the building is or can be provided with satisfactory services without unreasonable public expenditure.
Such conversion must:
==== PAGE 11 ====
21/00036/B Page 11 of 22
a) where practicable and desirable, re-establish the original appearance of the building; and b) use the same materials as those in the existing building.
Permission will not be given for the rebuilding of ruins or the erection of replacement building of similar, or even identical form.
Further extension of converted buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
3.10 There is also guidance on the erection of new equestrian buildings in Environment Policies 19, 20 and 21.
3.11 Environment Policy 4 protects biodiversity (including protected species and designated sites).
3.12 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Isle of Man Non-Serviced Accommodation Futures - Final Report 4.1.1 Planning Policy Recommendations "It will clearly be some time before planning policy can catch up. We have thus suggested two quicker, more proactive solutions that could be considered to bridge this current policy gap: i. A clear articulation of what is meant by 'overriding national need'; o In terms of defining what is meant by 'overriding national need', we have suggested a number of tests or criteria that could be considered in terms of: o Extending the season/attracting visitors outside the main May-September period; o Serving and helping attract target markets - accommodation aimed at families, empty- nesters, walkers, cyclists etc.; o Securing and attracting investment from both Island and off-island developers and investors - with developers signed up; o Showing 'additionality' in terms of providing something not already offered on the Island; meeting an identified gap in supply; attracting new markets rather than diluting existing ones; or bringing an established national or international brand name to the Island and all that brings with it in terms of profile, customer databases, and the ability to drive new demand through marketing, central reservations and customer loyalty schemes; o High quality, distinctive accommodation provision; o Spreading tourism activity and benefit geographically across the Island; o Encouraging longer stays and greater visitor spend as a result; o Inclusivity and contributing to the health and well-being agenda, e.g. the provision of accessible accommodation, provision for outdoor activities, accommodation that helps connect with nature; o Environmental sustainability in terms of eco-friendly accommodation development that respects, protects and enhances the Island's landscape and natural environment and develops its reputation as a sustainable tourism destination".
4.2 IOM Destination Management Plan 2016-2020 4.2.1 Part 3: How do we get there? "This section of the DMP provides a summary of the Strategic Objectives and Programme of Activity that will be undertaken for the period 2016 - 2020. The Strategic Objectives are based on evidence and research that has been reported and commissioned over the past two years by Isle of Man Tourism. They cover the 5 key aspects of development for the Visitor Economy up to 2020 and will be supported by annual Operational and Marketing Plans showing each year's work in more detail.
==== PAGE 12 ====
21/00036/B Page 12 of 22
4.2.2 The Strategic Objectives that will be implemented during the period 2016 to 2020 are as follows. o PRODUCT DEVELOPMENT: "d) Championing new investment and product development. OBJECTIVE: Develop and create new products and experiences that the defined target markets will enjoy at different times of the year. This will help to achieve growth in the market areas as well as achieve a longer tourism season".
5.0 PLANNING HISTORY 5.1 The site has been the subject of 9 previous planning applications, six of which are considered relevant in the assessment and determination of this application;
5.2 PA 13/91202/B for Erection of an agricultural building and access track - Approved.
5.3 PA 06/01209/B for Extension to existing implement shed to form grain/machinery store -
5.4 PA 02/00469/B for Erection of an agricultural building. APPROVED
5.5 PA 00/01545/B for Extension to agricultural building. APPROVED
5.6 PA 99/01992/B for Extension to agricultural building. APPROVED
5.7 PA 91/00029/B for Erection of commercial greenhouse, Oatlands Farm, Santon. Approved
5.8 A number of the buildings which have been erected or altered via the above applications would be the subject of the current application which would s some of these buildings being altered or relocated within the site.
5.9 The search through the site history did not yield any details regarding the equestrian use of the site and as such the applicants were asked to provide additional information regarding the equestrian use which is stated to be operational on site.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 The Department of Infrastructure (DOI) Highways Division who had previously written in to request for additional information in a letter dated 16 February 2021, has written in to state that they do not oppose the application subject to conditions to cover the internal pedestrian and vehicle areas, including bicycle and car parking in a letter dated 7 April 2021.
6.1.1 Following submission of additional documents by the applicants, DOI Highways have stated that they have no further comments to add to their previous response (14 October 2021/9 December 2021).
6.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 23 March 2021.
==== PAGE 13 ====
21/00036/B Page 13 of 22
6.3 The Ecosystem Policy Team have made the following comments regarding the application: 6.3.1 Consultation dated 5 March 2021: o They requested that bat surveys and assessment for nesting birds be undertaken on the buildings to be converted by a suitably qualified ecologist prior to determination of this application, in order to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990. o The Bat surveys should be undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016). o The Surveys are required to identify the species of bat utilising the property, their location, abundance and whether they are breeding and this will determine the mitigation required. o A report detailing the findings, including a mitigation plan for the bats protection during and after the development, should be submitted to the Planning Directorate for approval prior to determination of this application. o They state that although the applicant has requested that this be made a condition of approval, they request that it is done prior to determination in line with best practise as per the UK Bat Conservation Trust.
6.3.2 Consultation dated 5 May 2021:
Having reviewed the first bat survey they have made the following comments: o The outline bat survey dated 18th April 2021 undertaken by the Manx Bat Group is in order. o The survey found bat droppings in one of the old buildings and concluded that the buildings were considered to have low suitability for bat roosts and a further survey visit is recommended at a time of year when bat roosts are occupied, i.e. from late-May. o Detailed mitigation proposals will have to await the results of the summer emergence survey. o They request that request that a follow up bat surveys be undertaken and the resulting survey report be submitted to planning for written approval prior to determination of this application.
6.3.3 Consultation dated 9 December 2021:
Having reviewed the second bat survey provided by the applicant, they have made the following comments: o They confirm that they are satisfied with findings and recommendations of the Manx Bat Group's Bat amended bat survey report dated 21st October 2021, and note that a suitable level of assessment has been undertaken. o The survey found that the buildings to be converted are being used for roosting purposes by three species of bats. o As all species of bat and their roosts are protected under the Wildlife Act 1990, they state that it is essential for avoidance and mitigation measures be put in place before, during and after development for the protection of bats and to ensure that an offence is not committed. o The mitigation measures detailed in Appendix 1 (Pages 7-12) of the Manx Bat Group's amended Oatlands Farm bat report dated 21st October 2021, should be secured by planning condition. o The applicants must get statutory written advice from the DEFA Ecosystem Policy Team prior to starting the works, in line with sections 9 and 10 of the Wildlife Act 1990. o They request that a number of bat boxes must be installed in specific locations prior to the start of works as part of the mitigation: Five boxes suitable for crevice dwelling species, and three suitable for cavity dwelling species. o They recommend that if work is due to commence shortly then these boxes should be purchased as soon as possible to ensure they arrive and can be erected in time for the works. o They note that bat survey report also makes reference to nesting swallow in the barn and the loss of their nest spaces due to the works.
==== PAGE 14 ====
21/00036/B Page 14 of 22
o They recommend that a condition should be secured for at least 2 swallow nesting platforms to be erected in the re-located barn to mitigate against the loss of their nest sites. Permanent access into the barn will also need to be enabled for them.
6.4 The Society for the Preservation of the Manx Countryside and the Environment has indicated support for the application in a letter dated 23 February 2021, subject to satisfactory arrangements for foul drainage and compliance with Building Regulations in respect of room ventilation.
6.5 Santon Commissioners have not made any representations regarding the application although they were consulted on 5 February 2021.
6.6 Since the proposed scheme has a significant tourism element, the DofE (Tourism Division) were consulted for comments on the application on 12 January 2022. Their comments received 26 January 2022, states the following: o This comment has been provided by Officers from within the Visit Isle of Man Agency and as such, should be taken as Officer Comment only, and not the view or official position of the Visit Agency Board, Department or political members for the Department for Enterprise.
o The Hotel Solutions Non-Serviced Accommodation Study (2017) states in 7.2.2 that there may be opportunities for additional self-catering provision largely at the top end of the market and for accommodation that is weatherproofed in terms of offering leisure facilities.
o The Officers would welcome the opportunity to meet with the applicant and to arrange a site visit to understand the plans for the tourism elements of the development in more detail.
6.7 MUA Electricity were consulted on the application, although no comments have been received as at the time of drafting this report. (Dates consulted 04.02.2021/13.10.2021/08.12.2021).
6.8 Manx National Heritage have made comments relating to carrying out of bat survey on buildings to be converted in order to establish whether or not bats are present, in addition to suggesting that further bat surveys be carried out with report detailing the findings with appropriate mitigation measures to ensure their protection during and after development, should evidence of roosting be found within the affected buildings (24 December 2021).
6.9 The Isle of Man Natural History & Antiquarian Society have made the following comments relating to the application (29 January 2022): o They fully supports the principle of converting some of the courtyard ranges at Oatlands to tourist accommodation. o They note that, particularly with Units 1 -10, the proposal requires the walls to be punctured by a significant number of new windows at fairly regular intervals. Moreover the traditional timber doors and existing and new windows are all to be replaced with UPVC windows. The Society considers that together these will result in significant alteration of the character of the buildings around courtyard / former midden / pond and no longer reflect their traditional use as barns and stables. o The Society would prefer to see a less regular pattern of fenestration with fewer new windows on all elevations, retention of traditional style of timber windows, particularly on the first floor level, and doors on the courtyard elevation which could possibly be obtained by a less intensive number of units. This would result in a less overall artificial residential appearance being given to the buildings. o Isle of Man Natural history and Antiquarian Society believes that the spirit of Isle of Man Strategic Plan Housing Policy 11 is that renovations should not result in an overly residential appearance in the countryside but retain an appearance appropriate to their original use. The Society does not consider that this application achieves this.
==== PAGE 15 ====
21/00036/B Page 15 of 22
6.10 The owners/occupiers of 1 South Grawe, Laxey object to the application on the following grounds in a letter dated 19 February 2021: o Lack of proper dimensions on drawings submitted. o Lack the basic supporting information for the planning application. o Poor drawing scales
7.0 ASSESSMENT 7.1 The application comprises a number of components and as such the assessment of the proposed development will consider each of these separately. The key issues are; i. The Principle (GP3, EP 19, and EP 15); ii. Assessment of Impacts for Conversion of Farm Buildings to Tourist Units/Apartment (HP 11, EP 16, SP8, BP 12 & BP 14); iii. Assessment of Impacts for Construction of New Equestrian Arena With 14 Associated Horse Stables (EP 19, EP 20, & EP 21); and iv. Impact on Ecology (EP 4, GP 2).
7.2 THE PRINCIPLE 7.2.1 The starting point for any development within the countryside (i.e. areas not zoned for development) is General Policy 3 of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with exception afforded to some schemes such as those involving the (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); to which the majority of the proposed scheme could be classed.
7.2.2 There are also exceptions to this presumption with respect to equestrian buildings set out in Environment Policy 19 and General Policy 3 (f); given that equestrian buildings are considered to be a part of the countryside setting as reiterated by Paragraph 7.15.1 of the Strategic Plan which reinforces the fact that "equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. Given the above, the principle of the equestrian element would also be acceptable.
7.2.3 Further to this policy, Environment Policy 15 also needs consideration, as the first paragraph of this policy requires the planning authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside. Whilst the agricultural element does not involve the erection of a new building, it would involve the relocation of an existing agricultural shed from its current position to an undeveloped part of the farm. Given that the site already has an established agricultural use, and the fact that there would be no alteration to the size of the building, save for its relocation, it is considered that the building would continue to meet the need of supporting agricultural production on the farm.
7.2.4 Environment Policy 15 also sets the criteria for the siting of agricultural buildings. In this case, the relocated building would be within the existing farm complex, situated close to the existing building cluster on the farm, in addition to being situated away from the highway. It is therefore considered the siting is acceptable and complies with Environment Policy 15.
7.2.5 The tourism elements are also considered to be aligned with the requirements of Strategic Policy 8 and Environment Policy 16 which support the use of existing built fabric of interest and quality (which the existing buildings represent) for tourist development proposals. Paragraph 7.13.2 of the Strategic Plan further supports the diversification of farms and farm buildings to support commercial, tourism, sports and recreation uses which would serve to promote healthy economic activity in rural areas.
7.2.5 With regard to the acceptability of the principle of locating the spa and café (class 1.3) within the facility, it is noted that these are more suited to town centre locations, where they
==== PAGE 16 ====
21/00036/B Page 16 of 22
would serve to enhance the vitality of the town centre whilst increasing the diversity of the options available to visitors of the town centre. However, it is not unusual to have spa's or café's within the countryside, particularly where they serve tourist facilities where proximity to the tourist facilities would improve the offerings available to tourists, in addition to making the tourist facilities attractive tourist locations for a broad range of visitors. It is also noted that this element of the scheme aligns with paragraph 7.13.2 of the Strategic Plan which supports the introduction of commercial, tourism, sports and recreation uses as a form of farm diversification, provided these do not materially affect the rural character of the area, or necessitate the creation of new buildings; conditions which the current scheme meets. Whilst it is noted that these uses would be more appropriate to town centre locations and it would be difficult to argue that there is local need in this case, it is not considered that their siting here would be sufficient reasons for refusal, given that they would be complimentary to the tourist use here.
7.2.6 The principle of creating a residential apartment within the facility is also not considered to be at variance with the general principle of the scheme. Whilst the need for the additional accommodation is somewhat uncertain as there is already accommodation available on the site in the form of the existing Oatlands farm house and cottage, it should be noted here that the farm still serves agricultural purposes for which these accommodations serve. Besides, the applicants have indicated via their correspondence dated 30 March 2021 that the new apartment would house the owners / operators of the business who intend to live in the apartment; a condition that would better serve the business given that they would be easily reachable for the daily running of the business should approval be granted.
7.2.7 Given the issues highlighted above, it is considered that the principle of the proposed scheme is acceptable and aligns with General Policy 3, Environment Policy 15, Strategic Policy 8, Environment Policy 16, and Environment Policy 19.
7.3 ASSESSMENT OF IMPACTS FOR CONVERSION OF FARM BUILDINGS TO TOURIST UNITS/APARTMENT (HP 11 AND EP 16, AND SP8, BP 12 AND BP 14) 7.3.1 In assessing the acceptability of the proposed, it is noted that there is policy support in the Area Plan for the East and the Strategic Plan for tourist development where it would not result in adverse impacts in terms of its visual impact, traffic and noise or demands on infrastructure. There is also policy support to re-use buildings, specifically Strategic Policy 8 which states that tourist proposals will generally be permitted where they make use of existing built fabric of interest and quality and where they do not affect adversely environmental, agricultural or highway interests. Additionally, Business Policy 12 allow for conversion provided the development meets the tests in Housing Policy 11, and Business Policy 14 actively encourages self-catering units in barn conversions.
7.3.2 The current scheme seeks to re-use the existing agricultural buildings on site, and would not result in the removal of any trees on site, but seeks to integrate the trees as canopy for external sitting areas within the development. As well, a number of new tree plantings would added to the site, which would be to the benefit of the broader environment.
7.3.3 There would also be a limited visual impact on the surrounding countryside as the buildings are not easily visible from a public perspective as only a small section of the rear elevation of the existing farm buildings situated northeast of the farm would be visible from the highway, given the significant tree cover on this part of the site.
7.3.4 In terms of the tests in Housing Policy 11, the following elements are assessed:
7.3.4.1 In terms of redundancy of the redundancy of the original use of the buildings (part a), it is noted that the applicants have not provided supporting information to clearly ascertain the redundancy of the buildings which are the subject of the current scheme. Albeit, a careful observation of the buildings will show that they have not been in active agricultural use for
==== PAGE 17 ====
21/00036/B Page 17 of 22
some time when compared with the other buildings on the site (such as the agricultural barns). Given the nature of the interior spaces and condition of doors and windows, it could be argued that they have been redundant in terms of agricultural use.
7.3.4.2 The buildings also appear to be substantially intact (part b). Whilst no structural report has been provided, a visual assessment of the building show that the buildings would only require minimal repairs to enable their use. The external stone walls show limited wear, and there are no noticeable bulges on the external walls. As well, the lintels, window and door frames, and roofing materials are mostly in good form and the walls do not show any sign of water ingress.
7.3.4.3 In terms of architectural, historic or social interest (part c), it is considered that the appearance, age and character have an overall architectural interest to warrant retention and therefore complies with this aspect of Housing Policy 11. These buildings which are predominantly traditional Manx stone barns, together with the other farm buildings on the site reflect the character of the Manx countryside and as such would be vital to retain. Their layout and form also reflect historic agricultural practices on the island and have some charm. Accordingly, it is considered that the scheme would serve to retain buildings of some historical and social interest on this part of the island.
7.3.4.4 It is also considered that the units are large enough to accommodate the proposed tourist units/apartment without needing extensions that might undermine their character (d). In fact, a number of lean-to extensions which have somewhat obscured their Manx stone finish would be removed to reveal the main elevations of the buildings. Whilst the creation of new window and door fenestrations would slightly alter their general appearance, it should be noted that the policy allows modest, subordinate extensions which does not affect adversely the character or interest, which in this case are the stone finish, the roof structure and slate finish. These changes are considered to be relatively modest and not judged to cause harm to the appearance of the main building or the character and quality of the area.
7.3.4.5 The proposed tourist/residential use is not incompatible with the adjoining area (e) as the buildings are within a farm and it is not considered that these uses are incompatible with the area provided they are used for the indicated uses.
7.3.4.6 With regard to part (f) which requires that the buildings can be provided with satisfactory services without unreasonable public expenditure, it is considered the buildings are within a farm when services are already required to facilitate it operation. Besides, the buildings are near to an existing dwelling (The Farm house) and as such is, or can be, easily served by the necessary facilities.
7.3.5 Given the above, it is considered that the scheme does not comply fully with the provisions of Housing Policy 11 in that the proposal would change the current appearance and character of the buildings somewhat in terms of the addition of new fenestrations. Albeit, the resulting effect is, however, not unacceptable and the scheme will make better use of existing buildings which could otherwise fall into disrepair.
7.3.6 In terms of the tests in Environment Policy 16 (as it relates to the proposed tourism use of the buildings), it is noted that parts (a) to (c) and parts of (f) have been addressed under HP 11. Parts (d, e and f) are assessed below:
7.3.6.1 Part (d) of Environment Policy 16 requires that there would be no unacceptable implications in terms of traffic generation. In the case of the current scheme, it is noted that the proposed tourism use would result in a modification of the traffic pattern for the site as there would be increased tourism traffic to and from the site. However, DOI Highways Division have considered the application carefully and do not oppose the proposal subject to conditions to cover the internal pedestrian and vehicle areas, including bicycle and car parking. Besides,
==== PAGE 18 ====
21/00036/B Page 18 of 22
most tourists coming to the island would rarely come with their private cars, and the site is within a fair distance from the main public transport routes along the A25 and A5.
7.3.6.2 In considering compliance with part (e) of EP 16, it is considered that the nature of tourism accommodation being offered within the scheme is most suitable for rural areas, given that it seeks to link equestrian offerings to the tourism accommodation, with the accompanying farm operations offering additional benefit to tourists. As such, it would not prejudice the vitality and viability of the nearby towns and villages. As well, the site and its surrounding area which would support a number of outdoor activities such as hiking, sightseeing and other tourist uses reliant on the natural environment which are most suited to countryside locations, and not common in urban locations.
7.3.6.3 In terms of part (f) it is considered that the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site. The broader scheme incorporates additional planting on site and would utilise the existing buildings which if not put into productive use could fall into disrepair or dereliction. As well, the diversification of the site use to include tourist and equestrian uses, in addition to the agricultural use would create additional opportunities for employment in the local area, besides providing avenues to generate revenue for the operators of the farm and allied businesses that may be located within the site; conditions that would be in the interest of the rural economy.
7.4 ASSESSMENT OF IMPACTS FOR CONSTRUCTION OF A NEW EQUESTRIAN ARENA WITH 14 ASSOCIATED HORSE STABLES (EP1, EP 19, EP 20, EP 21) 7.4.1 In assessing the impacts of this element of the development on the site and surrounding area, the key issues to be considered are whether the impact of the development upon the surrounding area is acceptable (EP1 and EP21); whether the proposal is acceptable in terms of highway safety (EP 19); whether the development would result in the loss of high quality agricultural land (EP 19); and whether the proposal would cause an unacceptable impact upon the amenities of existing properties.
7.4.2 With regard to impacts upon the surrounding area, it is noted that the arena would be situated over 220m from the main highway at Old Castletown Road and 230m of the Oatlands Road (B24), is bounded by mature trees and the existing buildings on site which screen, resulting in a relatively low visual impact and as such no loss in local amenity is expected.
7.4.3 In the case of the proposed stables, these would occupy an area measuring about 244sqm, be 3.6m at the highest point, with the construction such that they could be easily removed and the ground restored to its original state. Unlike the riding arena where distance views could be attained of its western end, the stables would be completely screened by the thick cluster of shrubbery and trees on its entire southern boundary, and the building situated northeast. These would serve to reduce the potential visual impacts. Thus, the proposal would comply with Environment Policy 21 in terms of siting, design, size or finish.
7.4.4 In terms of the loss of high quality soils, the proposal site does not represent high quality agricultural land (Classes 1 and 2) and as such the development would not result in a reduction of superior farm land. The soils here are within capability classes 3⁄4 which are not the best soils for cultivation. It is, therefore, considered that stables and riding arena which is part of the broader scheme would comply with EP 19.
7.4.5 In relation to the impacts on highway safety, it is noted that whilst proposal is expected to generate some level of traffic relative to its scale of operations, Highway Services have considered the additional commercial element of the scheme and have no objection, subject to condition to cover the internal pedestrian and vehicle areas, including bicycle and car parking. Therefore, it is judged that this would be acceptable and comply with EP 19 and GP 2 (h & i).
==== PAGE 19 ====
21/00036/B Page 19 of 22
7.4.6 In terms of impacts on in local amenity (for nearby residents), it is considered that the nearest property is situated about 198m from the application site and separated by the existing mature landscaping on the site boundaries. Given the separating distance between the application site neighbouring property and landscaping between, it is not considered that the proposals would adversely affect the amenities of any neighbouring property.
7.5 ASSESSMENT OF THE SPA AND CAFÉ FACILITIES (TP 4 & BP 1) 7.5.1 In assessing the cafe and spa, the key concern here lies with possible impacts on highway safety, and the vitality of nearby town centres. From the details provided, it is considered that the spa and café would mainly serve visitors to the tourist facility. Whilst it is noted that these facilities (spa and café) may also serve other users within the countryside, as the proposed mode of operation of these facilities could attract other users besides those lodging at the site, it is not considered that this would be of concern given the detached location of the property away from major public transport corridors. The somewhat isolated nature of the location would suggest that any visitor not staying at the facility would be those living within close proximity to the facility. Besides, the highway serving the site is such that would be capable of accommodating any additional traffic stimulated by these uses.
7.5.2 It was also considered that reference to deliveries could imply that the café would be delivering to clients outside the facility. This has been discussed with the applicant who notes that reference to deliveries here only relate to deliveries that would be coming to the site. As such, it is not expected that there would be deliveries to clients from the site. It is, however, vital to note here that the current reference to deliveries from the site excludes any form of agricultural delivery arrangements which may exist between the agricultural operations on site and their clients, as the agricultural operations are not the subject of the current application. Notwithstanding, a condition would be imposed to ensure that there are no deliveries from the café to clients off site.
7.5.3 In evaluating whether the spa and café would result in dispersal of activity from the nearby town centre which is Douglas, it is noted that whilst there could be concern with the location, as this element of the scheme could serve to attract some users from the Douglas town centre, the provision of these services alongside the tourist uses is considered to be complementary in this case, with the tourist use and equestrian components serving as the main attractions to make people congregate here. As such, it is not considered that these elements of the proposal will not result in unacceptable dispersal of activity.
7.5 IMPACT ON ECOLOGY (EP 4, GP 2) 7.5.1 In terms of the ecological impacts of the proposed development, the application is supported by bat surveys which have been carried out by Manx Bat Group. The report concludes that the buildings to be converted are being used for roosting purposes by three species of bats. It also provides mitigation measures that should be implemented to ameliorate any impacts on bats within the site. This report has been commented on and accepted by DEFA Ecosystems Officer and in this respect it is felt that the application has satisfied the principles of Environment Policy 4. Conditions would, however, be imposed to ensure that the required mitigation measures are implemented.
7.6 OTHER MATTERS (Issues with submitted plans and documents) 7.6.1 The issue of gaps with information submitted were raised by the commentator (1 South Grawe, Laxey) who stated that there was a lack of proper dimensions on drawings submitted, poor drawing scales, and a lack the basic supporting information for the planning application.
7.6.2 With regard to poor drawing scales, the it is vital to note that the submitted plans have been scaled to comply with the requirements of the Development Procedure Order (Schedule 1, Article 5, Part 3, 2), as it relates to scale of submitted plans given that the metric scales have been set out on all the drawings/plans submitted. Also, revised plans have been submitted to
==== PAGE 20 ====
21/00036/B Page 20 of 22
address concerns with dimensioning of the plans, with dimensions now included on the plans. As such, it is considered that this concern has been addressed by the submissions.
7.6.3 In terms of basic information to support the application, it is noted that additional information to enable the assessment of the scheme where gaps in supporting information has been adequately addressed whenever the request been made by the Planning Officer or consultees. As such, it is not considered that any concerns still exist with information provided to enable the assessment of the scheme.
8.0 CONCLUSION 8.1 On balance, whilst the proposal to convert the barns does not fully comply with Housing Policy 11, the scheme will retain in similar form the buildings which complements the courtyard and will provide additional accommodation which will support an existing successful business, together with the proposed new equestrian building and as such the application is recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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.
9.3 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 Planning Committee in accordance with the authority afforded to the it 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:...09.05.2022
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).
==== PAGE 21 ====
21/00036/B Page 21 of 22
Signatory to delete as appropriate YES/NO See below
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.
==== PAGE 22 ====
21/00036/B Page 22 of 22
PLANNING COMMITTEE DECISION 09.05.2022
Application No. : 21/00036/B Applicant :
Mr Mark Pearce Proposal :
Conversion of existing stable, store and kennel buildings to provide 12 tourist accommodation units (class 3.6), wellness spa (Class 4.1), café (class 1.3) and a residential apartment (class 3.4) with associated parking and access, creation of an equestrian arena with associated stable block and relocation of an existing agricultural building
Site Address : Oatlands Farm Oatlands Road Santon Isle Of Man IM4 1ED
Planning Officer : Mr Paul Visigah
Presenting Officer As above (correct manually if not the case officer)
Addendum to the Officer’s Report
The Planning Committee considered the application at its meeting on 9 May 2022 and agreed with the recommendation to approve the application subject to that recommendation including amendment to Conditions 3 and 14.
Condition 3: The tourist accommodation units, wellness spa, café, and residential apartment which forms part of the development hereby approved shall not commence until a scheme for the provision of bat boxes to be installed in specific locations, including timing of delivery of boxes as detailed in Appendix 1 of Manx Bat Group which states they should be in place prior to any works to the roof on the converted buildings has been submitted to the Department for approval.
The bat boxes are to comprise five boxes suitable for crevice dwelling species, and three suitable for cavity dwelling species, as detailed in Appendix 1 of Manx Bat Group
The works to install the bat boxes shall take place strictly in accordance with the approved details.
The bat boxes shall be permanently retained in accordance with the approved details.
Reason: To safeguard a statutorily protected species.
Condition 14: Prior to the installation of any external lighting on the equestrian arena with associated stable block approved as part of this application, the details of a low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting scheme shall be implemented in strict accordance with the approved details and thereafter retained as such.
Reason: In the interests of the character and appearance of the site and surrounding area.
Copyright in submitted documents remains with their authors. Request removal