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22/01158/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 22/01158/B Applicant : Mrs Sharon Maternaghan Proposal : Erection of a stable block within Field 324071 with hardstanding, creation of a new access Field 321618 and Change of Use of Field 324071 from agricultural to Equestrian use Site Address : Field 324071 & 321618 Garth Road Crosby Isle Of Man IM4 2HB
Photo Taken : 11.11.2022 Site Visit : 11.11.2022 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.01.2023
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 building must be used only as a stable.
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 stables shall be for private use only and not for any commercial or private livery use.
Reason: In view of the location of the site in the countryside and the nature of the adjoining highway, the Planning Authority does not consider the site suitable for anything other than private use.
C 4. No approval is hereby given for the sand paddock shown on the Proposed Stable Site Plan (Drawing No.04), submitted as part of the application documents.
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.
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C 5. The stable building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for equestrian purposes.
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 6. The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in Section 3.0 of the Manx Wildlife Trust's Precautionary Working Method Statement (PWMS) for common lizard dated 16 December 2021, to provide appropriate mitigation for Common Lizards within the site and immediate locality.
Reason: To safeguard a statutorily protected species.
C 7. Prior to the commencement of the development hereby approved, details of proposed sod banks structures shown on Drawing No.04 shall be submitted to and approved in writing by the Department. The sod bank details shall include height, width and material composition.
Any new planting to be undertaken on the new sod banks must be done with native species.
The sod banks shall be created strictly in accordance with the approved details and shall thereafter be retained as such.
Reason: To protect the biodiversity and ecology of the site.
C 8. Within three months of this approval becoming final, details of the materials, including constitution of surface covering for the driveway and parking area (which shall enable plant growth) shall be submitted to and approved in writing by the Department. These areas shall not be covered in concrete or permanent bound materials. The access track and parking areas shall be provided strictly in accordance with the approved details and shall be permanently retained thereafter.
Reason: To ensure that there are no adverse visual impacts resulting from the creation of the hardstanding areas and to ensure the provision of an appropriate landscape setting to the development.
C 9. Prior to the use of the new access approved as part of the current proposal, the existing access which has been indicated on Drawing 04 to be removed, shall be closed up with the area made good. The affected grass and sod bank shall be restored, and any hard surfaced area introduced removed.
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.
This approval relates to the submitted documents and Drawings received on 16.09.2022, and Additional Correspondence received 06.11. 22, 15.11.2022, and 15 December 2022.
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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:
IOM Constabulary
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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):
Upper Garth, Garth Road, Crosby, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the following properties/persons 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):
Ballacallin Cottage, The Garth Cross Roads, Braaid; The Isle of Man Natural History & Antiquarian Society;
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.
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER
1.0 THE SITE 1.1 The site is part of Field 324071 and 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 directly adjacent the application site, whose access is positioned directly opposite this neighbour. The buildings on this neighbouring site are situated about 105m away at the nearest position. The site frontage which abuts Garth Road is lined with Manx sod hedging which rises to between about 1.8m to 2.5m along its entire stretch, only opening up at the field access.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Erection of a stable block within Field 324071 with hardstanding, creation of a new access to Field 321618 and Change of Use of Field 324071 from agricultural to Equestrian use.
2.2 The stable block would be and L-shaped stable block with timber clad finish and would provide 5 stables, and an undesignated room. The stable block would have a maximum ridge height of approximately 3.1m (2.4m to the eaves). The southwest elevation would be 16.3m long, while the northwest elevation would be 12.5m long. There would be an open corridor in front of the various entrances that would be approximately 1.2m wide, making the eaves in front project further than the other elevations. No details have been provided to indicate roof finish or material for doors.
2.3 The works would also involve the creation of an arena that would measure 44.1m x 25.9m on the south-western side of the stables. This arena would have timber stock fencing around its boundary opening up only on the southeast and northeast ends where 4m wide field gates provide access to the stables and yard, as well as the surrounding fields.
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2.4 The site of the scheme is different to the one on the adjacent field refused under PA 21/00957/B. The design and material and material are also different as the previous application proposed metal framed industrial sized stable or a larger footprint.
2.5 The works would also involve: i. Creation of a new site access by removing an area of the sod bank along the site frontage that would be about 4.5m wide. The access would be covered in stone to enable plant growth to soften the visual impact. The existing site access situated further south of the new field access would be closed up with a new sod bank.
ii. Creation of new stoned area to create stable parking area within site to enable movement of machinery and horse. No concrete hard standing area would be created as part of the scheme.
iii. Creating new Sod Hedge to provide additional screening, planted along the back of the stables, which would be higher than the existing sod banks so will establish and cover a lot quicker. The applicants have indicated that they would use the dugout soil to create a new bank in front of the stables to not only screen but encourage wildlife. This will result that the stables will be screened on three sides.
iv. Planting of new trees along the site frontage on the southern side of the site frontage to give additional screening when approaching the site from the south along Garth Road. These would, however, be outside the redline boundary, but within the blue line boundary.
v. Creating a new hedge that would run parallel to the sod bank on the southern end of the broader site area and be offset about 8.2m from the existing sod bank. Installing three new field gates and posts along open section around the new sod bank.
2.4 The applicants have also provided additional information on the application form which indicate that there would be change in site levels with the excavated top soil reused and re-graded within the field.
2.5 The applicants have also provided a Planning Statement which sets out the basis for the current application whilst drawing on the history of the site usage. The reference the prevailing equestrian use of the neighbouring site and the need to guarantee the health and safety of their remaining horses as justifications for the scheme. They also provided details of the health conditions of the various horses within their ownership. Other issues raised are: o The challenge of finding appropriate housing for their horses due to change of use of previous sites that housed their horses, the amount of accommodation required which is hard to source (for five horses), the difficulty of managing the health condition of their existing horses at a livery yard, and the restrictions to use of carriages to many livery yards. o They do not want to split the horses into various livery yards which has cost implications. o The need to stable their horses in the winter to protect them from the elements and to also make sure they are getting sufficient nutrition, so they maintain their weight and condition during the winter months. o All our horses are prone to Laminitis (again I will include The BHS info on this) and the only way this can be dealt with correctly, is by stabling and being able to control and monitor, what the horses are eating. This is usually Summer time routines. o There is need for storage for harness, carriages and equipment which are very expensive and deteriorate when left outside.
2.6 A Precautionary Working Method Statement (PWMS): Common Lizard (Zootoca vivipara), prepared by Manx Wildlife Trust Consultancy and dated 16 December 2021 was submitted with the application.
2.7 Noting there was reference to a 40 metres x 80 metres Sand Paddock as part of the annotation on the submitted plan (Drawing No.03), although no details were shown on the plan the
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applicants were contacted to confirm if the sand paddock is still part of the scheme. The confirmed via an email dated 15 November 2022 that no sand paddock is included as part of the application.
2.8 The applicants have also provided further correspondence dated 15 December 2022 to clarify elements of the scheme: o They state that they originally wanted to widen the gateway to the current location for the stable but because of sight lines and complaints received, they looked at creating a new entrance. o They note that after meeting with both the DOI and the Police it was agreed that the proposed access location was the safest and more sensible place for an entrance. o They state that the reasons for a new wider access is that agricultural machines have grown over the years and are unable to fit through the original sized gateways, the only way they can gain access to the land is to use upper Garth's driveway, which is not ideal. o They note that these machines need to access the land for fencing and maintenance, the making of hay and also feeding. o The new entrance is placed so there is as little disruption to wildlife as possible and also means that the hedges stay intact, as when asking to widen they would have had to remove and lower more or less the whole length of the field. o The sight lines of the new proposed access will enable them to exit the land on their horses safely, it also means this is safer for others as they will be able to see us. o They note that have asked for a stoned area so that they can park while seeing to their horses, as the area would be unsuitable without the stoned area, especially in the winter. The stoned area will also allow them to load and unload our horses safely. o The new entrance is positioned to have the least impact on any wildlife and also the sod hedges across their land. o They note that they have removed the concrete area as the hard standing was understood to be stoned not concreted.
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) Braaid "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 on an Area Plan.
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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.
4.0 OTHER MATERIAL CONSIDERATION 4.1 IOM Biodiversity Strategy 2015 to 2025 4.1.1 The strategic aims (In part):
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o Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.
4.1.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
5.0 PLANNING HISTORY 5.1 The application site has been the subject of a previous planning application for Erection of a stable block, creation of associated paddock / hard standing and widening of access under PA 21/00957/B. The application was refused on the following grounds:
R1: 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.
R2: 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.
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 confirms that the proposal does not give rise to significant road safety or network functionality issues. Accordingly, the proposal is satisfactory in highway terms for HDC to raise no opposition subject to a condition for the access creation; closure and reinstatement of the existing redundant access, and internals to correspond to that shown on Drawing No. 03 (17 October 2022).
6.2 DEFA Fisheries have confirmed that they have no objections to this development from a fisheries perspective (17 October 2022).
6.3 DEFA Ecosystem Policy Team has made the following comments regarding the application (20 October 2022): o They note that there are multiple records of viviparous (common) lizard in this area, which are associated with the areas of sod bank. o They note that the applicants have included the Manx Wildlife Trust's Precautionary Working Method Statement (PWMS) for common lizard dated December 2021 with this application, which was originally submitted for PA 21/00957/B. o The confirm that the PWMS is still valid and therefore request that a condition is secured for the works to be undertaken in line with the MWT's PWMS for common lizards dated December 2021. o They also request that a condition is secured for the new sod hedging to be created as per the Proposed Stables Site Plan, in order to provide mitigation for the area of sod bank to be removed to create the new site entrance. o They advise that if any new planting is to be undertaken on the new sod banks, then this must be done with native species.
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6.4 IOM Constabulary have indicated that they support the application (21 October 2022). They also note that the new entrance has better visibility than the previous application and that it also provides better access.
6.5 Marown Parish commissioners object to the application on the following grounds (20 October 2022): o The issues with the location has not been addressed satisfactorily or at all. o In the Strategic Plan, there is a presumption against Equestrian development in the countryside. The site is in the open countryside and the proposed building will not be close to any other buildings. o The development is an unwarranted intrusion into the open countryside given that the proposed building is not close to other nearby buildings creating a visual intrusion.
6.6 Owner/Occupier of Upper Garth, Garth Road, Crosby, object to the application on the following grounds (28 October 2022): o Impact of the development on the character of the landscape. o Overlooking/loss of privacy/over-shadowing 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. o They refer to a recent appeal decision at a nearby field under PA 21/00682/B.
6.7 The Owners/Occupiers of Ballacallin Cottage, The Garth Cross Roads, Braaid, support the application on the following grounds (06 November 2022): o The proposed would not create a loss of amenity in the countryside. The applicants are taking considerable steps to mitigate views of the proposed structure from the public highway in all directions. o They concur with the suggestion in the applicants planning statement that the application site will be glimpsed for a matter of seconds from the roadside. No significant medium or long range views from the road will be affected. o Whilst we appreciate the comments made by the owners of the property closest to the proposed development and sympathise with their situation, a change to their view does not automatically translate into a loss of amenity to the area; o They refer to the appeal for 21/00682/B and made suggestions as to how the current application can be successfully distinguished from the considerations on appeal under 21/00682/B.
6.8 Following comments from the Marown Commissioners and Upper Garth, the applicants have provided correspondence dated 6 November 2022 which seeks to address the concerns raised by these commentators.
6.9 The Isle of Man History and Antiquarian Society has made the following comments regarding the application (26 November 2022): o The Society presume that the applicants do in fact have the horses stabled somewhere else at present and would query why this site is suddenly needed for horse stabling. o The Society also notes that carriage driving is still mentioned in this application. They state that this does not appear to match up with the need to provide stabling for older horses some with health problems. o In terms of the physical structures proposed the Society notes that the stable block minus the shed for storage of carriages is moved downhill from that previously proposed but separately there is an access showing a large, presumably horsebox, vehicle, and an area of hardstanding. The assumption could be made that the horsebox or equivalent is to be permanently parked on the hardstanding. The combination of the stables and the separate hardstanding and the latter's possible use as a permanent parking area for large vehicles, in the opinion of the Society still constitutes an unjustified and unacceptable development in the open countryside, unrelated to other built development, the latter being a criterion for the siting of new agricultural buildings.
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o They state that because there are road signs indicating that the locality is used for horse riding, is not a justification for permitting stabling and hardstanding. o They maintain and reiterate their objections to the development, on the grounds of the visibility of the proposed development and adverse impact on the landscape. o The Society would respectfully point out that it is not just a case of what is visible from a moving vehicle. The Garth Road, past the site, is Part of the Millennium Way and regularly walked.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are; a. The principle (GP3, EP 1, EP 19 and EP21); b. Visual Impact (EP 21 and Landscape Character Assessment (D10) Braaid - TAPE); c. Highway Impacts (EP 19 and TP 4); d. Impact on Local Amenity (EP19); e. Impact on Ecology (EP1)
7.2 THE PRINCIPLE 7.2.1 There is a general presumption against new development in the countryside, as indicated in Environment Policy 1 and General Policy 3 of the Strategic Plan. However, Eps 19 and 21 make it clear that equestrian related development can be considered acceptable subject to certain conditions. Paragraph 7.15.1 of the Strategic Plan is also clear that equestrian buildings are considered to be a part of the countryside setting and notes that "equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages." Considering equestrian schemes are now an established element of the countryside provided they meet other policy criteria in terms of impact on the countryside, the principle of setting up the stable at the current location which is within the countryside would be acceptable.
7.2.2 In terms of justification of need, it is considered that the applicants have provided details of their existing stock of horses, the health challenges of keeping the horses in their current location and the need to provide suitable housing for horses in a location that can be easily assessed, and on land owned by them. Therefore, it is considered that there is sufficient justification for the development of this scale in the current location which is within the countryside.
7.2.2 The acceptability of the current proposal would, however, be hinged on the proposal meeting certain criteria that has been highlighted within Environment Policies 19 and 21, as well as Environment Policy 14 which is referenced in Environment Policy 19.
7.3 VISUAL IMPACT/IMPACT ON LANDSCAPE 7.2.3 In assessing the visual impact of the proposal, it is considered that EP 21 is the most relevant planning policy as it sets out the measures for determining acceptability of proposed stables. This considers siting, design, size or finish as key measures to be assessed.
7.3.2 Siting 7.3.2.1 With regard to the siting, it is considered that the new location for the stable would be set approximately 46.8m north of the previously proposed position, adjacent a dip section of Garth Road, and by a bend along the road where views can only be achievable when positioned about 30m south along Garth road and when directly in front of the site if approaching from the north of Garth Road (Due to the height of the sod bank and considerably lower position of the road. Granting there would still be distant views achievable, Its position would ensure that these distant views would only be of a small section of its roof which would be read in the context of the built form and vegetation at Upper Garth.
7.3.2.2 As well, the undulating topography which rises as you look from the application fields towards Foxdale Road, the sod banks which line these field boundaries would ensure the 3.1m high structure is not prominent when viewed from the surrounding landscape and from vantage points to the south. Likewise, the thick cluster of trees within the nursery positioned northeast of the site
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which runs about 177m along the entire southwest boundary of this neighbouring site ensures there is no blot on the landscape when viewed from the north.
7.3.2.3 Another improvement over the previous scheme is the fact that the stable would be closer to the building group (including private riding ménage) at Upper Garth at about 47m. It should be noted that the previous position was about 136m away from Upper Garth.
7.3.2.4 Moreover, the additional planting proposed within this scheme in the form of new sod banks being created and planting over the existing sodbanks along the site boundary would further serve to screen the site and make the location less conspicuous.
7.3.2.5 In assessing the visual impact of the new access, track and parking area, it is considered that whilst it would have been more acceptable to have the stable and access/parking area within the same field to reduce the spread of development across the countryside, the applicants have provided reasons for their choice of access and parking of equipment on the adjacent field, whilst noting that they intend to use stones to create the new track and parking area within the field and set it up such that it would allow plant growth (See Paragraph 2.8 of Report); which would ensure these areas are not particularly noticeable when viewed from the surrounding landscape. Additionally, the position by the existing sod banks would further serve to screen the development.
7.3.2.6 Given the above, it is considered that although distant views of the stable would be achievable from parts of the surrounding landscape, the scale of the proposed development which is comparatively small, the proposed planting around the perimeter, and the depressed land level relative to the surrounding sodbanks and proposed planting would ensure that any impacts resulting from its siting on the landscape would be minimal and not sufficient to warrant refusal of the scheme. The finishing of the track and parking areas would also ensure there are not noticeable when viewed from the surrounding landscape.
7.3.3 Design 7.3.3.1 In terms of design, it is considered that the new design takes the common stable form being L-shaped and only 3.1m high. It is also designed in such a manner that it could easily be removed when no longer required. As well, the large areas of hardstanding previously proposed and which would have been noticeable alterations to the landscape have been removed from the proposal. Additionally, the large 40 metres x 80 metres Sand Paddock has been excluded from the scheme.
7.3.3.2 It is also considered that the new driveway and parking provision within the field would not be concrete but be made of stones which would allow plant growth and blend into the appearance of the surrounding landscape. Given the above, it is considered that the design complies with EP21.
7.3.3.3 As the details for the material finish have not been clearly detailed within the submission, a condition has been imposed to ensure that the track and parking areas are finished in materials that would allow plant growth and ensure easy integration with the vegetated layout of the surrounding area.
7.3.4 Size 7.3.4.1 With regard to size, the current scheme would have a footprint measuring about 97sqm, a significant reduction in footprint over the previous submission which had a floor area measuring about 149.8sqm (35.2% reduction in footprint). The height is set at 3.1m (1.3m lower than the previous at 4.4m), while the floor dimensions of the individual stables are within acceptable sizes as stipulated by the British Horse Society.
7.3.4.2 The size and scale of the proposed track and parking area to support the operations of the stable and maintenance of the field are also such that would result in minimal impacts on the character of the area.
7.3.5 Finish
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7.3.5.1 The external finish of the stable would be in timber which reflects the standard finish of most private stables. This timber finish would weather out and make the building less prominent, and as such considered to be appropriate for the location, and an improvement over the previously refused stable which was to be finished in Olive Green UPVC galvanised panels similar to an industrial style building.
7.3.5.2 Likewise, the finish of the proposed track and parking area will also be in material that would make it less apparent when viewed from the surrounding area. There would be no concrete hardstanding or use of bound surfaces which limit plant growth and poercoalation.
7.3.6 Overall the design, size, finish and colour of the stable will help reduce any visual impact from distanced views which would be achievable at some positions from the surrounding landscape. The proposed track and parking area would also not result in adverse visual impacts for the reasons that have been articulated within this report. Accordingly, it is considered that whilst the location would not be completely concealed, it is not considered that the proposal would have adverse visual impacts on the character or quality of the landscape for the reasons that have been stated above. Therefore, it is considered that the proposal would comply with the criteria stipulated in Environment policies 1 and 21, and character of D10 Braaid, where it is expected that the character, quality and distinctiveness of the area, with its open large pastoral fields and Manx hedges should be conserved and enhanced.
7.4 HIGHWAY IMPACTS 7.4.1 Environment Policy 19 requires that equestrian activities and buildings will only be accepted in the countryside where the local highway network can satisfactorily accommodate any increase in traffic. These requirements are also echoed by Transport Policy 4 as a requirement for new development. In this case, it is considered that the proposed development would be for private use (with no commercial element), as such, the traffic generated would be considerably low and be easily accommodated by the existing highway serving the site.
7.4.2 Also of relevance is the fact that the application has been assessed by DOI Highways who consider the proposal to be satisfactory in highway terms. They have, however, asked for condition be imposed to ensure assess matters accord with Drawing No. 03 submitted with the application.
7.4.3 Likewise the IOM Constabulary, who had initially raised concerns with the previous scheme have indicated support for the scheme noting that the new entrance has better visibility than the previous application and that it also provides better access.
7.5 LOCAL AMENITY IMPACTS 7.5.1 In reviewing the proposal for potential impact on local amenity, it is considered that the current position would not result in adverse impact on local amenity in terms of noise generated, creating safety hazards, or any other private amenity impacts in terms of overlooking, overbearing impacts or loss of light.
7.5.2 The scale, size and position of the development relative to the nearest property at Upper Garth would not result in adverse impacts. Whilst it is noted that the stable would be closer to the riding ménage at this neighbouring property, the activities would be complimentary with the partly concealed positions of both structures ensuring there are no conflicts in usage.
7.5.3 It is also not considered that the frequency of use of the new access which would be closer to this neighbour would create concerns as the comings and goings of vehicles would not be considerably increased over the current situation given that the horses would be kept on site and there would be limited need for travels of the horse carriages from the site which could impact on other users of Garth Road which is not particularly broad.
7.6 IMPACT ON AGRICULTURAL SOILS
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7.6.1 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. Whilst the above is not a reason to allow development that would deplete available agricultural land on the island given that majority of the agricultural soils on the Island (80.26%) fall within Class 3 soils, the scheme does not propose to completely remove the land from agricultural production. Besides, the nature and scale of the build is such that land could still retain its agricultural potential for grazing, or restored to full agricultural use should the equestrian activities be discontinued.
7.7 ECOLOGICAL IMPACT 7.7.1 The key concern with ecology relates mainly to the removal of the sob bank and the level changes the buildings site. It should, however, be noted that the application has been supported by A Precautionary Working Method Statement (PWMS): Common Lizard (Zootoca vivipara), prepared by Manx Wildlife Trust Consultancy and dated 16 December 2021, which has been assessed by the DEFA Ecosystem Policy Team which have considered that the Method Statement is acceptable and should be secured by a condition to ensure appropriate protection and mitigation measures detailed in the statement become integral to the development.
7.7.2 It is also vital to note that the new sod bank creation and additional planting over the existing sod bank, as well as tree planting would ensure there is no net loss of biodiversity within the scheme.
8.0 CONCLUSION 8.1 Overall, it is considered that whilst the siting is such that would still allow distant views to the proposed stable, the planning application has been designed to ensure its siting and appearance has limited impact on the character of this site and the wider countryside, and as such the scheme 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.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Refused
Committee Meeting Date: 30.01.2023
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).
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.
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PLANNING COMMITTEE DECISION 30.01.2023
Application No. :
22/01158/B Applicant : Mrs Sharon Maternaghan Proposal : Erection of a stable block within Field 324071 with hardstanding, creation of a new access Field 321618 and Change of Use of Field 324071 from agricultural to Equestrian use Site Address : Field 324071 & 321618 Garth Road Crosby Isle Of Man IM4 2HB
Planning Officer Mr Paul Visigah Reporting Officer As above
Addendum to the Officer’s Report
The Planning Committee declined the recommendation of the Case Officer and refused the application at its meeting of 30th January, 2023 for the following reasons:
R1. 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.
R2. The proposed stables, earthworks, access track and parking area, 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.
Reason for Refusal
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, earthworks, access track and parking area, all within an isolated and open position within the countryside, and within close proximity to the highway where it would be
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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.
This approval relates to the submitted documents and Drawings received on 16.09.2022, and Additional Correspondence received 06.11. 22, 15.11.2022, and 15 December 2022.
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