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21/00682/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00682/B Applicant : Mr Matthew & Mrs Emily Johnson Proposal : Erection of equestrian stables Site Address : Field 321619 Foxdale Road Garth Crosby Isle Of Man IM4 2HL
Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 16.02.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provision of General Policy 3(g) and Environment Policies 1, 2, and 21 of the Isle of Man Strategic Plan 2016.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):
Fair View, Foxdale Road as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020).
It is recommended that The Society For The Preservation Of The Manx Countryside And The Environment and The Natural History and Antiquarian Society 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).
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IOM Police have written in to raise comments regarding the site, which are material planning considerations and as such should be afforded interested person status as per Article 4(2) of the Department's Operational Policy on Interested Person Status (January 2020). __
Officer’s Report
THE SITE 1.1 The site is a field which sits to the north east of the A24 Foxdale road, and adjoins directly to the Garth Crossroads. The field slopes from a higher level at the south east boundary. The field is accessed from the north-east a few metres off the main road.
1.2 Directly over the road to the south west of the site lies the property Fair View, a traditional farm dwelling located on the opposite corner of the crossroads. Just south of this property lies the applicants dwelling Ballacallin Cottage.
1.3 The site is currently laid to grass, and the north western boundary of the application site is lined with Manx sod hedging.
2.0 THE PROPOSAL 2.1 This application seeks approval for the erection of an equestrian stable block with associated facilities that would be 19.342m long (at its longest elevation), 10m wide (at its widest elevation) and 3.63m high (2.75m to the eaves). The stable block compromises of four 4x4m stables, with a larger tack/dry storage area between each paired stables. To the north of this adjacent to stables 3 (isolation) and 4 is a hay store and horse trailer with their own separate widened entrance.
2.2 The roof of the building will be finished in Grey profiled roof sheeting with 3 roof lights installed on the north eastern slope. The external walls of the building would be finished in dark green agricultural profile sheeting, The entrance doors / windows are to be finished with timber and metal.
2.3 The applicants have also included in the proposal, a rain water storage area, a midden area and a 'turning area' to the north western gable of the building.
2.4 The applicants have provided the following additional information in support of the scheme (summary only 31.07.2021): "It is not considered realistic to relocate the stable block, as suggested by Fairview's owners, for the reasons outlined previously (shelter/visibility from road etc.). It has been suggested that the stables possibly be moved behind our house on the opposite side of the road. There are safety concerns about doing so (see below), but in any event such a move would require us to build over or move two septic tanks, one belonging to our own property and one to Fairview. This is plainly not a feasible solution. Likewise, we would prefer not to use timber for construction for the reasons outlined above (exposure/cost of wood/cost of maintenance). We are also of the opinion that actually a newly built tantalised wooden building is more obtrusive to the surrounding area than a similar building clad in the green sheeting used for agricultural buildings. That said, we are amenable to considering a change in finish and/or additional planting in the event the planning committee consider it necessary. Our preference would be to maintain the metal frame of the building however, to assist with structural integrity. If wood is deemed to be the only acceptable finish, we would suggest possibly a block built structure with timber cladding as an alternative." (31.07.2021)
2.5 The applicant's agent indicated via correspondence (11.08.2021) that the size and height of the building could be reduced to 10 x 15m rather than 18m. Height reduced by 300mm to 8 degree pitch of roof. Draft drawings were also forwarded to the officer for viewing. However no formal documents or revised plans were submitted to this effect, as such the proposal being assessed is still as originally submitted.
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2.5.1 The applicant's agent was contacted by the officer (25.01.21) in regard to the dimensions of the proposed building, and it was confirmed in writing that the external measurements of the proposed building to accommodate four stables and storage space for equiptment and food are 19.342m long x 10m wide with a ridge height of 3.63m with a 10 degree pitch. 2.6 The land is Class 3 on the Government's Agricultural Soils Capability Map.
3.0 PLANNING POLICIES 3.1 The site lies within an area designated on the Area Plan for the South (2013) as land not zoned for a particular purpose. The site is not prone to flood risk.
3.2 The Following parts of the Area Plan for the South Written Statement are to be considered relevant in the determination of this application:
Landscape Character Assessment "Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views."
3.3 General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: ...
(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative. ...
3.4 Although there is as such a presumption against development as set out in the Strategic Plan there are policies which support some equestrian-related developments, as follows:
3.5 Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
3.6 Environment Policy 19 states: "Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic (see Environment Policy 14 for interpretation of Class 1 and 2)."
3.7 Environment Policy 20 states: "There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas of High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."
3.8 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
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buildings must be designed in form and materials to reflect their specific purpose; in particular cavity-wall construction should not be used."
3.9 7.15.1 Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose.
3.10 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.
4.0 PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning applications. However, the applicants property Ballacallin Cottage has been the subject of a number of applications, none of which are considered to be materially relevant to the current application.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Marown Parish commissioners made the following comments (17.09.21) in summary:
Site is open countryside and not surrounded by buildings, therefore contrary to strategic plan.
The height and visual impact of the proposal is unacceptable.
They also raise concerns about visibility from field exit.
5.2 The Department of Infrastructure Highways Services (19.07.2021): "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking and on Planning being satisfied that the proposal is for personal use."
The Department of Infrastructure Highways Services provided additional comments (26.01.2021) in summary: "On reviewing the application in regard to the consultation and representation responses: The site is served by an existing gated field access with the field historically used for agricultural and more recently for equestrian purposes where there would be, and expectation of slow moving and towing vehicles; albeit there would be fewer vehicular movements without animals which is, in part, related to the proximity of the owners / users. ...The existing field access is more than 20m from the junction of Foxdale Road and Garth Road exceeding the minimum distance of 17m needed from junctions on major roads or near busy junctions. The width is suitable meeting the 4m minimum required.
...The surface should be formed in a consolidated and bound material for the first 6m and surface water drained within the site.
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... From the application submission, the proposed stables are for personal use with the Applicant living nearby within a walkable distance and requiring limited towing vehicle use. Such use could be conditioned to reduce the risk of livery and with it, intensification of use
5.3 The Isle of Man Constabulary made the following comments (07.10.2021) in summary:
The applicant has provided several photographs and virtual mock ups to illustrate the above points
5.4.1 Owner/Occupier of Fairview, Ballacallin, Braaid Road (Comment 2 - 17.09.2021) in summary: Many of the concerns raised match that of the above comments in 5.4 in terms of material planning considerations.
5.5 The Society for the Preservation of the Manx Countryside and the Environment (06.09.2021)
5.5.1 The Society for the Preservation of the Manx Countryside and the Environment made additional comments in agreement with Isle of Man Natural History and Antiquarian Society (18.01.2021) in regards to:
5.6 Isle of Man Natural History and Antiquarian Society - summary only (11.09.2021)
6.0 ASSESSMENT 6.1 The starting point is to acknowledge the relevant planning polices and the site designation. In this respect the site is within an area not designated for development.
6.2 The planning policy section of this report highlights that there is provision within planning policy for equestrian/agricultural related development as an exception to the presumption against development in the countryside. As identified within the Isle of Man Strategic Plan 2016
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equestrian/agricultural activities have become increasingly popular in rural areas and on the fringes of our towns and villages. Such activities can generally take place only on open, rural land. It should be noted that the application is being considered on the basis of equestrian (keeping of horses).
6.3 The existing field access meets the requirements set out in the Manual for Manx Roads and this has been confirmed in writing by the DoI Highways Services team. Transport Policy 4 of the Isle of Man Strategic Plan states that 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. The applicant has provided comment in relation to what they regard as the unsafe practice of moving the horses from one location to the other, and have also stated that they have had a 'near miss' incident on the A24 unrestricted Foxdale Road.
6.4 In respect of the proposed design and finish of the building, it appears as an agricultural barn, rather than a stable building. The location of the building is in an isolated position and would be read as being separate from any other parts of the holding. The applicants have outlined why the site was chosen and why the proposal could not be located to rear of the applicants dwelling. Ideally, a building should be located where an existing field shelter is located (i.e. to the rear of the applicants dwelling). There are concerns that the building is in isolated position and again contrary to EP 1 & 21.
6.4.1 as mentioned above in para. 2.3 and briefly in 6.4 the applicants have outlined why the site was chosen and why the proposal could not be located to rear of the applicants dwelling and why they have chosen the green steel agricultural sheeting, the main reasons being as follows;
Whilst the above has been noted, this is no reason to set aside the requirements of the policies guiding development in the countryside such as EP 1 & 21 and the reasoning cannot be classified as materially relevant to the assessment in this application.
6.5 The applicants submit that they need stabling for two horses, store of feed/hay and room for machinery and associated attachments. The applicant have stated that there is a possibility that they may purchase a pony in the future and may introduce the retirement one other horse from the UK. No further details are provided on sizes or types of equipment; albeit there is no area specifically outlined for the storage of this equipment so it is reasonable to consider the amount of equipment would not be significant.
6.6 The proposed barn would have an internal floor area of approximately 193.42sqm. In terms of space for the stables (which are not shown on plans) the British Horse Society recommends for pony a stable minimum space of 3.05m x 3.05m is required and a horse a stable minimum space of 3.65m x 3.65m be provided. If the greater figure is used this equates to a total floor area of 53.3sqm for four separate stables. This would leave a floor area of approximately 140sqm. A small tractor (e.g. a John Dee Series 3 Tractor) has a footprint of 4sqm and even if another 10sqm was given to accessories, there would be a total of 126sqm. of usable floor space remaining in the building. Whilst hay and feed would also be included in the building; overall, it is considered the building size for the proposed need would seem excessive in size and the Department is not satisfied that the agricultural need or equestrian need are satisfied and therefore would not meet the requirements of GP 3, EP1, EP21.
CONCLUSION 7.1 For the above reasons, the application is recommended for refusal as the Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to
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represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provision of General Policy 3(g) and Environment Policies 1, 15 and 21 of the Isle of Man Strategic Plan 2016.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
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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 : Refused Date : 17.02.2022
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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