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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/00957/B Applicant : Mr Colin & Mrs Sharon Maternaghan Proposal : Erection of a stable block, creation of associated paddock / hard standing and widening of access Site Address : Field 321618 Garth Road Crosby Isle Of Man IM4 2HB
Planning Officer: Mr Paul Visigah Photo Taken : 12.10.2021 Site Visit : 12.10.2021 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 11.05.2022 __
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 provisions of General Policy 3 and Environment Policies 1 and 21 of the Isle of Man Strategic Plan 2016.
R 2. The proposed stables, hardstanding, earthworks and sand paddock all within an isolated and open position within the countryside, and within close proximity to the highway where it would be particularly prominent would have a detrimental impact upon the character and appearance of the countryside contrary to Environmental Policy 21 of the Isle of Man Strategic Plan. __
Interested Person Status - Additional Persons
It is recommended that the following Government Department should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
IOM Constabulary
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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):
Upper Garth, Garth Road, Crosby, as they are 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 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):
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. __
Officer’s Report
1.0 THE SITE 1.1 The site is part of Field 321618 which sits on the western side of Garth Road, Crosby, and about 140m to the north east of the A24 Foxdale road. The field slopes from a higher level at the south east boundary. The field is accessed from Garth Road via a field access situated to the northwest of the field.
1.2 The site which is currently laid to grass, is surrounded by open fields on all its boundaries, with the nearest property with buildings (Upper Garth Farm) situated about 48m northeast of the boundary of this field, although the buildings on this neighbouring site are about 120m away at the nearest position. The site frontage which abuts Garth Road is lined with Manx sod hedging along its entire stretch, only opening up at the field access.
2.0 THE PROPOSAL 2.1 This application seeks approval for the erection of a stable block, creation of associated paddock / hard standing and widening of access within Field 321618, Garth Road, Crosby.
2.2 The stable block would be of portal frame construction with Olive Green UPVC galvanised panel cladding. The new stable block would measure 17.5m on the north-west elevation (widest elevation), 16.3m on the south-west elevation and 10m on the north-east elevation. The stable block would have a maximum ridge height of approximately 4.4m (2.6m to the eaves). The roof of this almost L-shaped building would be finished in Olive Green UPVC galvanised panel to match the wall cladding. The building would provide 5 stables (measuring 3.6m x 3.6m), a horse carriage store (9.6m x 4.8m), and a tack room and store (4.8m x 4.8m).
2.3 The works would also involve: i. The creation of a sand paddock that would measure 40m x 80m on the southern side of the stables. ii. Creation of a new site access by removing an area of the sod bank along the site frontage that would be about 4.6m wide. The existing site access situated further south of the new field access would be closed up with a new sod bank.
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iii. Creation of area of gravel for parking and turning. This area would measure about 8.8m x 15.7m and would be linked to the new driveway that would be about 21.9m long and 4.3m wide. iv. Creating a concrete hardstanding area in front of the stables measuring about 14m wide and 21m long. v. Planting of new trees along the frontage of the proposed sand paddock to provide some screening.
2.4 The applicants have also provided additional information on the plans which indicate that: i. They own five horses and a carriage, and that they actively compete in events. ii. One of the horses has severe sweet itch, an allergy to midges and flies and as such has to have a stable to control the condition. Another horse cannot cope with severe cold and harsh weather. iii. All the horses are stabled during winter to prevent weight loss, skin conditions and irritations which are caused by wet, damp or bad weather. iv. There is need for storage for harness, carriages and equipment which are very expensive and deteriorate when left outside. v. The overall height of the sod hedge would give 1.050 sight lines and as such does not require reduction. The existing high spots are bracket and thorn, not hedge. vi. New surface water channel positioned at the side of new entrance would connect into new land drainage tails running into the field.
2.5 The application was also accompanied by a Precautionary Working Method Statement (PWMS): Common Lizard (Zootoca vivipara), prepared by Manx Wildlife Trust Consultancy and dated 16 December 2021.
3.0 PLANNING POLICIES 3.1 The site lies within an area designated on the Area Plan for the East as land not zoned for a particular purpose. The site is not within a Conservation Area or prone to flood risks. There are no registered trees on the site, and the site is not within a registered tree area.
3.2 The Following parts of the Area Plan for the East Written Statement are considered relevant in the determination of this application:
3.2.1 Landscape Character Assessment (D10) "Landscape Strategy - Conserve and enhance: a) the character, quality and distinctiveness of the area, with its open large pastoral fields; b) its Manx hedges; c) its scattered farm houses fringed by trees; d) its sunken and enclosed rural road network and its numerous archaeological features.
Key Views: Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the built-up edge of Douglas. Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part."
3.3 Given the nature of the application it is appropriate to consider the following policies within the Strategic Plan: 3.3.1 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: (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.3.2 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
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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.
3.4 Whilst there is a presumption against development as set out in GP 3 and EP1 of the Strategic Plan, there are policies and texts within the Strategic Plan which support some equestrian-related developments, as follows:
3.4.1 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)."
3.4.2 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."
3.4.3 Environment Policy 21 states: "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular cavity-wall construction should not be used."
3.4.4 Paragraph 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".
3.5 Other relevant policies within the strategic Plan include: 3.5.1 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.
3.5.2 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.
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3.5.3 Infrastructure Policy 5: Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources.
3.5.4 Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes
4.0 PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning applications.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division confirms that the proposal raises no significant road safety or highway network efficiency issues, and as such they raise no objection to the proposal subject to the vehicular access arrangements to accord to drawing No. 03 A. The Applicant is advised that a S109 (A) Highway Agreement is needed after the grant of planning consent (8.12.2021/23.12.2021).
5.1.1 Having reviewed the revised information made public on 6 April 2022, they have indicated that they have no further comments to add to those made on 08/12/21.
5.2 DOI Highways Drainage who had requested additional Information on 10 September 2021. Having reviewed the amended drawings 21/0541/03 Rev B, they state that it is satisfactory (21 March 2022).
5.3 DEFA Ecosystem Policy Team has made the following comments regarding the application (13 January 2022): o They confirm that the Manx Wildlife Trust's Precautionary Working Method Statement for Common Lizards dated 16th December 2021, is in order and a suitable level of assessment has been undertaken. o They request that the mitigation measures detailed in section 3.0-3.3 of the Precautionary Working Method Statement are secured with a condition, in order to protect lizards and their habitats. o They request a condition for all new tree planting to be undertaken with Manx native or other well-established species, due to the semi-natural setting of the site. o The applicant is also requested to consider enacting the other potential enhancement measures detailed in section 4 of the MWTs report.
5.4 IOM Constabulary have made the following comments regarding the application (7 October 2021): o There are road safety concerns with the new entrance/exit. o They note that if the stables would be used as a livery yard, there will be an increase in traffic on the narrow stretch of road. o They also raise concerns regarding potential for cumulative impact with the scheme under PA 21/00682/B.
5.5 Marown Parish commissioners made the following comments regarding the application (19.08.21/16.12.21/20.01.22/17.02.22): o Site is open countryside and the buildings will not be close to any other buildings. o The height and visual impact of the proposal is unacceptable. o The additional information provides further reasons to not disturb the hedges.
5.5.1 In response to the objection by the Marown Parish Commissioners, the applicants have provided the following response in an email dated 12 September 2021:
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o There had been no objections from the Commissioners for larger, higher and significantly more visible buildings than the proposed scheme. o The Society for the Prevention of the Manx Countryside and the Environment appear to have made no objections to any other planning applications of a similar nature in the area, except the current scheme and the neighbouring site. o The widening of the gateway has been requested to enable easy access to and from the site. o The building considerably lower than a lot of the "barns" so we hope has less of an impact. o The shape has been chosen for shelter and also privacy. o The positioning of the stables was chosen as it needs to be close to the access. o We looked at wooden structures and also block buildings but durability, lifespans, maintenance and again possible change of use, was the deciding factor for choosing the one applied for. o This application is for personal/private use, so won't be any increase of traffic or noise on the road. o The important part of this application is the housing of our horses, which no one has mentioned or showed any concern about in any of the objections.
5.6 Owner/Occupier of Upper Garth, Garth Road, Crosby, object to the application on the following grounds (31 August 2021): o Impact of the development on the character of the landscape. o Overlooking concerns. o Increased traffic on the narrow stretch of road. o Increased noise and disturbance. o Concerns with outlook/Limited levels of screening proposed. o Incorrect details regarding proximity to watercourse. A watercourse abuts the site frontage.
5.7 The Society for the Preservation of the Manx Countryside and the Environment have made the following comments regarding the application (7.09.2021/18.01.2022): o The revised plans do not show the sand paddock but there is nothing to indicate that this is being withdrawn from the application. This non-conforming countryside surfacing, by virtue of its elevated position would be detrimental to the surroundings. o Shipping Container on site has no approval. o The application contradicts EP 21. o The finishing of the proposed building will be detrimental to the surrounding countryside. o The widening of the gateway results in the destruction of part of the traditional hedgerow. o The 'lowering' of the ground level of the building does not overcome the fact that the building is still there in what currently is an open area. o The stable blocks is not related to existing groups of buildings. o They reiterate their objection to the application with the addition of a reference to Environmental Policies 1, 19, 20, which should be vigorously upheld by the Planning Committee.
5.8 Isle of Man Natural History and Antiquarian Society object to the application on the following grounds (11 September 2021/6 December 2021/18 April 2022): o The application proposes a substantial building in a very prominent and exposed position close on the Garth Road a short distance Garth Crossroads.
o The landscape at this location is very open to view lacking trees in the immediate vicinity which means that although there are traditional Manx sod hedges adjacent to the site the approach to the site whether downhill from east, west or south or uphill from north will result in this building standing out of place in the existing landscape and detracting from the amenity of the area and longer distance view towards the central valley of the Island.
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o The opening up of the access will make this building even more exposed. o The application is contrary to Environment Policies 1, 19, 20 and 21. o The construction of a large isolated equestrian block will clearly have a major adverse impact on the landscape. This impact would be worsened by the fact that hedgerows along the roadside of the site have to be maintained at a height of only 1.05 m along 120m of the site in front of the building. o The application continues not to identify where its large dressage sand arena for carriage driving is to be sited and how this will impact on the amount of land available for grazing which appears disproportionately small in comparison to the size of stable block and the number of horses it is proposed to accommodate. o There is no national planning policy requirement to make space available for such facilities.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; i. the principle of development; (GP3 & Paragraph 7.15.1); ii. the visual impact of the proposed development on the character and appearance of the countryside. (EP1 & EP21); iii. Impact on Highway Safety (EP 19); iv. Impact on agricultural soils (EP 19 & EP 14); and v. Ecological Impact (EP1)
6.2 PRINCIPLE OF DEVELOPMENT 6.2.1 The starting point in assessing applications such as the current proposal is to acknowledge the relevant planning polices and the site designation. In this respect the site is within an area not designated for development. Whilst there is a presumption against development here as set out in General Policy 3 and Environment Policy 1 (as the site is within an area not zoned for development in the countryside), Environment Policies 19, 20 and 21 make it clear that equestrian related development can be considered acceptable subject to certain conditions and ensuring that the style, design and finish of the building is appropriate for its use. It is also noted that equestrian development, by virtue of its requirement for land, is generally located within rural areas. However the main consideration from a planning perspective is whether the development would have an unacceptable impact upon the character and amenities of the countryside where it would be situated. Based on the foregoing, it is considered that whilst there is support for equestrian development in the countryside, the acceptability of the current scheme would be consequent on the assessment of further material planning matters as indicated previously which need to be considered to determine if the proposed scheme on the site is appropriate.
6.3 VISUAL IMPACT OF THE DEVELOPMENT UPON THE SURROUNDING AREA 6.3.1 In terms of the potential visual impacts upon the countryside, it is considered that the building would be significantly apparent from public views when viewed from sections of Garth Road and the A24 (Foxdale Road), being situated about 120m away from the nearest building group in an isolated position within an open field with limited screening provided by the sod hedges on its boundary, and at a position within the landscape where the lie of the land affords views over long distances. As well, the positioning of the proposed stable block about 1m away from the sod bank along the site frontage and about 5m from the abutting highway would also serve to make it particularly prominent when viewed from the abutting highway, considering the building would have a maximum ridge height of approximately 4.4m and rise about 2.4m over the level of the sod bank by the abutting highway. In addition, the field where the proposed building is to be sited is open in character, and its boundaries do not have mature landscaping, as the boundaries are mainly made up of hedgerows and bushes, rather than large mature trees.
6.3.2 With regard to the design and finish of the building, it is considered that the building bears the semblance of an agricultural barn, rather than a stable building. Ideally, such
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buildings should be generally, light weight timber structures, low height and finished in timber to reflect their purpose and easier to remove as required by Environment Policy 21. What is proposed here is similar to an "agricultural styled" building in isolation within an open field where there is not any existing buildings of that type and form. This almost industrial outlook is particularly apparent when the building is viewed from Garth Road and the sections of Foxdale Road after the Garth junction. It is also vital to note that the appearance of this building is one that is sealed from the elements and would appear to have a crude and utilitarian appearance; one that is commonly found on industrial estates or on established farms amongst other buildings. Its height is also considerably higher than standard stables which are usually about 9
6.3.3 Another issue that has been noted with the design is that the stables have no ventilation; a factor that would result in future changes to the finish of the building to ensure it meets the requirements of the British Horse Society (as it relates to ventilation of stables), with the built form subsequently altered to meet these requirements; making the final outcome a variation from the approved plans.
6.3.4 Overall, it is considered that due to the size, siting and finish of the building, it cannot be said it would not be apparent from all public views. The level of existing landscaping along the boundaries of the site and the roadside boundaries, the distance of the building from the abutting highway (Garth Road), and the fact that the building is not situated close to or within an existing building group would further cause the building to stick out within the open countryside, resulting in significant visual impacts on the appearance or character of the area and surrounding countryside. Whilst the proposal to plant a few trees in front of the sand paddock is noted, it is considered that these would do little in ameliorating the impacts of the scheme on the character and appearance of the surrounding countryside. The scheme is, therefore, considered to fail the requirements of Environment Policies 1 and 21.
6.4 HIGHWAY SAFETY IMPACTS 6.4.1 In terms of impacts on highway safety, it is noted that the proposal would be for the applicants own private use only and for no other commercial use. Accordingly, given this private use, the traffic generated would be considerably lower than commercial operations. This has been assessed by DOI Highways and considered acceptable. However, the Isle of Man Constabulary who are tasked with managing traffic incidents that occur on the islands roads have raised concerns regarding potential for cumulative impact with the scheme under PA 21/00682/B, which is at the nearby site with access to Garth road. Given the above, it is considered that the scheme as proposed may not result in significant concerns for highway safety. However, should approval be granted for the current scheme and PA 21/00682/B, the cumulative impacts would result in noticeable concerns for traffic management and safety in the area.
6.5 IMPACT ON AGRICULTURAL SOILS 6.5.1 The site in terms of soil classification is Class 3 and therefore the proposal would not result in the loss of high quality agricultural land and therefore in this respect complies with Environment Policy 19.
6.6 ECOLOGICAL IMPACT 6.6.1 In terms of environmental impacts, the key concern relates mainly to wildlife due to the removal of the sob bank and the level changes on site. The potential ecological impacts, particularly as it relates to lizards at the site has been considered to be minimal given that the displaced sod bank would be re-used on site to close up the previous entrance to the site. The Ecosystem Policy team have also suggested that suitably worded conditions could be imposed to ensure that the mitigation measures detailed in section 3.0-3.3 of the Precautionary Working Method Statement (to protect lizards and their habitats) are integral to the development, and that all new tree planting are undertaken with Manx native or other well-established species,
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due to the semi-natural setting of the site. All these elements of the scheme are considered to bode well for the proposal.
7.6.2 On the contrary, given that there are no clear justifications for the scheme at the current location, and there is no over-riding national need in land use planning terms for the proposed scheme which outweighs the requirement to protect these areas from undue ecological disturbance, it is considered that any works to alter existing habitats on the site to enable the scheme through site clearance and sod bank removal would be unnecessary and averse to the requirements of Environment Policy 1 which seeks to protect the countryside and its ecology for its own sake. This is hinged on the fact that proposed site is an isolated location which would result in the structure appearing visually intrusive within the landscape
7.0 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 represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provisions of General Policy 3 and Environment Policies 1 and 21 of the Isle of Man Strategic Plan 2016.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 17.05.2022
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Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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