Loading document...
==== PAGE 1 ====
22/00174/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00174/B Applicant : Mrs Laura Sayle Proposal Removal of existing detached building and erection of storage barn and stables and installation of hard standing (Retrospective) Site Address Ballacreg Dreemskerry Hill Dreemskerry Ramsey Isle Of Man IM7 1BE
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 14.12.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. In the event that the building hereby approved is not used or required for agricultural or equestrian purposes for a period exceeding 12 months, the building hereby approved shall be removed and the ground restored to its former condition within 18 months of its last use.
Reason: The building has been exceptionally approved solely to meet equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 2. This approval relates to the use of the proposed buildings for the keeping of horses and related feed and equipment only.
Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need. As such the building must be used for the purposes for which it is approved.
C 3. The structure hereby approved must be used only for private equestrian purposes in association with the residential dwelling "Ballacreg," Dreemskerry Road and not for any commercial or private livery use.
Reason: The countryside is protected from development and an exception is being made on the basis of equestrian/agricultural need. As such the building must be used for the purposes for which it is approved.
C 4. Within 3 months of this decision notice the timber cladding to the base of the building (covering concrete base north, east and west elevations) and as shown on drawing 010 REV A shall be completed and retained thereafter.
==== PAGE 2 ====
22/00174/B Page 2 of 7
Reason: in the visual amenities of the area and as the proposed drawings indicate this and the application is retrospective.
This application has been recommended for approval for the following reason. In summary, the proposal broadly accords with General Policy 3, and satisfies the requirements of Environment Policies 1, 2, 14, 19, 20 and 21 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 15th February 2022 o Drawing No. 001 o Drawing No. 010 Rev A
__
Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNING OFFICER
THE APPLICATION SITE
1.1 The application site is situated within the curtilage of Ballacreg, Dreemskerry Hill, Dreemskerry which is a detached two storey house with a hipped roof and a single storey garage/stone extension to the side elevation. The dwelling is situated within substantial mature gardens (approximately 8 acres).
1.2 The site as a whole is situated to the South end of Dreemskerry Hill down a short driveway, where the structure as per this application is situated to the North West of the driveway. To the rear (South West) of the site is the Manx Electric Railway.
1.3 Whilst generally screened from roads the immediately adjacent to the site, the topography of the land and the presence of mature vegetation along the road sides also means that any wider views of the property are restricted. However, views from Maughold Road (west of Maughold Village) are achievable of the site.
THE PROPOSAL
2.1 The current planning application seeks approval for the retrospective erection of a structure which is to measure 13.5m by 10.3m with an overall height of between 4.17m and 5.35m, which is to have three stables situated to the Northern end and the rest of the structure is to be used for storage.
2.2 The stable block and store is clad in timber and has a green corrugated roof. During the site visit it could be seen that the lower part of the structure below floor level was blockwork, whilst the drawing shows this as timber. It is unsure on which material will be the final material.
2.3 Having requested additional information from the applicant regarding justification, the following was received, "We own approx. 19 acres at Ballacreg, We own two horses and one
==== PAGE 3 ====
22/00174/B Page 3 of 7
pony, We have a compact tractor, rhino quad, small trailers and various small garden equipment."
PLANNING HISTORY
3.1 There have been several applications recently upon the site, for the property and a florist studio, whilst this is the case these applications are not relevant in the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as an "Area of High Landscape or Coastal Value and Scenic Significance" within an "Area of Private Woodland or Parkland" on the 1982 Development Plan - North Map. The property is not within a Conservation Area or a Flood Risk Zone.
4.2 There is a general presumption against any kind of development within the countryside and in areas of High Landscape or Coastal Value and Scenic Significance as outlined in established policies within the Isle of Man Strategic Plan 2016 (Environment Policy 1 & 2, and General Policy 3). However, there are a number of paragraphs and policies that specifically relate to and offer support to the development of new equestrian-related development (Paragraph 7.15.1, Environment Policy 19, 20 and 21), so long as they do not result in the loss of high quality agricultural land, harm highway safety or by reason of their design, be detrimental to the character, appearance and quality of the countryside.
4.3 Furthermore consideration shall also be given to Environment Policy 3 which seeks that development would not result in an unacceptable loss of or damage to woodland areas, Environment Policy 14 which seeks that development will not result in the permanent loss of important and versatile agricultural land, Transport Policy 4 which seeks that new development must be capable of accommodating vehicle and pedestrian journeys in a safe and appropriate manner, Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state they do not oppose. (03.03.22 & 18.10.22)
5.3 Garff Commissioners have considered the proposal and state they have no objection. "however, Members expressed disappointment that the application was 'retrospective' and questioned if the applicant had been advised by an architect that planning permission would be required prior to the works taking place." (9.03.22)
5.4 DEFA Fisheries have considered the proposal and have no objections. (7.03.22)
5.5 DEFA Forestry have considered the proposal and whilst they point out that the works have undermined an adjacent tree, the tree is subject to a removal licence as such they have no objections. (10.03.22)
ASSESSMENT
6.1 The fundamental issues to consider in the assessment of this planning application are:
==== PAGE 4 ====
22/00174/B Page 4 of 7
6.2 PRINCIPLE OF DEVELOPMENT
6.2.1 A starting point when assessing application such as the proposal here, is to acknowledge the planning policies as set out in part 4 of this assessment, in connection with the site designation. When looking at the site, it can clearly be seen as within an area not designated for development which means that there is a general presumption against development as set out by General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016.
6.2.2 Whilst this is the case, the proposal is for equestrian purposes which there is an exception (Environment Policies 19, 20 & 21) which make it clear that equestrian related development is acceptable as long as it 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.
6.2.3 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 CHARACTER AND APPEARANCE
6.3.1 In assessing the visual impact of the proposal upon the site, surroundings and the broader countryside, the starting point here is Environment Policy 21 which notes the important aspects to be considered such as siting, design, size and finish, as well as form and material.
6.3.2 The siting of the proposed structure means that it is situated within an area which is unlikely to be seen from a public vantage point and if seen, with views from the roads directly outside the property being very well screened, given the distance, topography and surrounding mature landscape.
6.3.3 However, it should be noted that views of the dwelling and gardens are awarded from further afield on Maughold Road, whilst this is the case due to the materials used (timber and green cladded roof) the structure will be acceptable within its environment, with the structure not being an uncommon feature within the countryside.
6.3.4 Initially when looking at the proposal, due to the internals given, there was a high likelihood that the proposed structure would be used for stabling. Especially when noting the stable sizes and the door widths given. Whilst this is the case, a site visit was conducted and it could be seen that the internals and externals are different to the one received initially. A further drawing was received which altered the external appearance but kept the internal arrangement.
6.3.5 The site visit brought forward the fact that the structure was indeed being used for the housing of horses and their feed, as such whilst the internal arrangement is still the same as previously given and not what is existing, it is considered that the proposal would satisfy the key tests of Environment Policies 1, 2, and 21, and Strategic Policy 5 of the Strategic Plan. However, a condition requiring the building's removal and the land returned to its original condition would be imposed, should the building cease to be used for the approved use.
==== PAGE 5 ====
22/00174/B Page 5 of 7
6.4 LOSS OF AGRICULTURAL LAND
6.4.1 With regard to the potential loss of agricultural land, the IoM soils maps (Figure 4) gives a broad indication of the areas and soil classification. The application site is defined within an area with Class 3/4 soils which can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management, and which are not afforded the highest level of protection. Therefore, the proposal would not result in the loss of high quality agricultural land and therefore in this respect complies with Environment Policies 14 and 19.
6.5 IMPACT ON NEIGHBOURING AMENITIES
6.5.1 Turning towards the possible impact upon existing neighbouring properties, situated to the North East of the site is "Ballakilley Beg" which is approximately 54m away from the proposed structure and to the North West is "Dreemskerry Cottage" which is approximately 32m away from the proposed structure.
6.5.2 Given the distances between the buildings, the existing topography and mature trees and hedging, it is not considered that the proposal would adversely or significantly affect the amenities of any neighbouring property to warrant a refusal. The proposal is, therefore, considered to comply with Environment Policy 23 in terms of impacts on neighbours.
6.6 HIGHWAY SAFETY
6.6.1 It is also noted that Highway Services have considered the merits of the access to and from the application site from the main highways serving the broader site area and indicated that there is no highway interest which confirms that they have no concern with the scheme. Given the above, it is considered that the proposal would not have any adverse impact on the existing highway or upon those users entering and exiting the site, and are considered to align with the principles of Gp2 (h&i) and EP 19.
CONCLUSION
7.1 The proposal is considered to comply with General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 19, 20 and 21 of the Strategic Plan. Therefore, it is recommended for an approval.
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
==== PAGE 6 ====
22/00174/B Page 6 of 7
o whether there are other persons to those listed above who should 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: 16.01.2023
Signed : Vanessa Porter Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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 7 ====
22/00174/B Page 7 of 7
PLANNING COMMITTEE DECISION 16.01.2023
Application No 22/00174/B Applicant Mrs Laura Sayle Proposal Removal of existing detached building and erection of storage barn and stables and installation of hard standing (Retrospective) Site Address Ballacreg Dreemskerry Hill Dreemskerry Ramsey Isle Of Man IM7 1BE Planning Officer Mrs Vanessa Porter Presenting Officer As above
Addendum to the Officer Report
The Planning Committee approved the application with the additional condition attached;
C 4. Within 3 months of this decision notice the timber cladding to the base of the building (covering concrete base north, east and west elevations) and as shown on drawing 010 REV A shall be completed and retained thereafter.
Reason: in the visual amenities of the area and as the proposed drawings indicate this and the application is retrospective.
Copyright in submitted documents remains with their authors. Request removal