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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01386/B Applicant : AMG Investments Proposal Proposed erection of private equestrian facilities in fields 524030, 524029 and 522779, Ballamona Estate, Quine's Hill, Port Soderick. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores. along with an outdoor manage, hay barn, field shelter, and associated landscaping. This application is intended as an amendment to the previously approved scheme PA 12/01285/B Site Address Fields 524030, 524029 & 522779, Ballamona Estate Oak Hill Port Soderick Isle Of Man IM4 1AT
Case Officer :
Mr Hamish Laird Photo Taken :
01.06.2023 Site Visit :
01.06.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 27.07.2023
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 development for the private equestrian facilities including an indoor riding arena with associated stabling, tack, and equipment stores, hereby permitted, shall be constructed in accordance with the approved details as outlined on the submitted Drawings - Drawing No. 2201-PR-300 Rev. B.
Reason: To ensure that high quality materials are used for the private equestrian facilities which reflect and preserve the character of the site and adjoining Barn structure and Mill and impart a high quality finish in the interests of visual amenity.
C 3. The Solar PV Panels, hereby permitted, to be attached to the west facing roofslope of the private equestrian facilities as shown on Drawing No. 2201-PR-300 Rev. B., shall be of a matt black (non-reflective) finish only. The Solar PV Panels shall be installed prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.
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Reason: To ensure that high quality finish for the Solar PV panels is used which minimises reflection and glare and impart a high quality finish in the interests of visual amenity.
C 4. The development for the erection of the new Hay Barn, hereby permitted, shall be of steel frame construction with concrete panels to the sides up to 1.5m high with vertical timber boarding above to the walls, and a metal clad roof as shown on Drawing No. 2201-PR-401 Rev. A unless otherwise agreed in writing with DEFA Planning.
Reason: To ensure that high quality materials are used for the Hay Barn which reflect and preserve the character of the site and adjoining Barn structure and impart a high quality finish in the interests of visual amenity.
C 5. The development for the erection of the new Field Shelter, hereby permitted, shall be of vertical wooden wall cladding, with a membrane sheet to cover the flat roof as shown on Drawing No. 2201-PR-402 Rev. A unless otherwise agreed in writing with DEFA Planning.
Reason: To ensure that high quality materials are used for the Hay Barn which reflect and preserve the character of the site and adjoining Barn structure and impart a high quality finish in the interests of visual amenity.
C 6. Prior to the commencement of development on site, including any works required for demolition, protective 'Heras' fencing as shown on the Tree Protection Plan Drawing submitted as part of the Arboricultural Impact Assessment (AIA) and Tree Protection Plan (2201-DOC-100) Appendix H:- prepared by Manx Roots Tree Management (dated July 2023) - shall be erected around the 'Construction Exclusion Zone' shown on this plan, especially for Tree Groups 1, 2 and 5, where they abut the areas of development. The protective fencing should be installed to form the construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.
Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.
C 7. Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. The trees to be planted shall be Heavy Standard Trees of 12-14 cm girth, and no less than 300 - 350 cm in height, and shall be Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: To ensure that the development provides an attractive environment and compensates for loss of trees and other habitats, in accordance with Policy GP2 b) c) and d); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).
C 8. Prior to the commencement of the development, hereby permitted, details of bio-diversity mitigation measures in respect of Protected Species (Bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover avoidance of harm to
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protected species, and nesting birds. The mitigation measures and biodiversity enhancement shall make provision for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors; and, that 3 boxes suitable for swift are erected. Following written approval of the scheme by DEFA, these details shall be implemented in full prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.
Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.
C 9. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.
Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
C 10. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.
Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.
C 11. The development hereby permitted shall be occupied as a private equestrian facility for the benefit of the occupants of the Ballamona Estate, their employees, friends and associates only, and that it shall not be operated as a facility open to the general public, or sold or sub-let without first obtaining planning permission.
Reason: To ensure that the private equestrian facility remains as part of the planning unit comprising the Ballamona Estate. This is due to the size and scale of the development, and its close proximity to the Ballamona Estate, Barn and Farmhouse; Manor House; and, Mill all of which are residential units of living accommodation located in the open countryside in an area where planning permission for a separate equestrian facility closely related to adjoining living accommodation would not be granted unless there was an identified and justified need; and, to protect the residential amenities of occupants of the adjoining Barn, Farmhouse, Manor House and Mill. This accords with the provisions of General Policy 3 b) and g); and, Environment Policies 1 and 22iii) in the Adopted Isle of Man Strategic Plan (2016).
This application has been recommended for approval for the following reason. Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 b) c) d) g) i) l) and m) Environment Policies 1, 7, 19, 20, 21, and 22 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to:
Drawing No. 2201-EX-001 - Site Location Plan @ scale 1:2,000 showing site edged red and Estate Land edged blue - received 25th November, 2022; Drawing No. 2201-PR-101 Rev. B - Proposed Site Plan - received 17th July, 2023;
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Drawing No. 2201-PR-102 Rev. B - Proposed Site Plan - received 17th July, 2023; Drawing No. 2201-PR-401 rev. A - Proposed Hay Barn Floor Plans and Elevations - received 17th July, 2023; Drawing No. 2201-PR-402 rev. A - Proposed Field Shelter Floor Plans and Elevations - received 17th July, 2023; Drawing No. 2201-PR-200 Rev. A - Proposed Ground and First Floor Plans - received 17th July, 2023; Drawing No. 2201-PR-300 Rev. B - Proposed South, and West Elevations - received 17th July, 2023; Drawing No. 2201-PR-301 Rev. A - Proposed North, and East Elevations - received 17th July, 2023; Drawing No. 2201-PR-302 Rev. B - Proposed Section - received 17th July, 2023;
Horse Walker Drawings - Consort Walker 45' Drawings 1, 2, 3 and 4 - received 25th November, 2022;
Arboricultural Impact Assessment (AIA) and Tree Protection Plan (2201-DOC-100) Appendix H:- prepared by Manx Roots Tree Management (dated July 2023) - received 31 July, 2023;
and Documents - all date stamped and received 25th November, 2022, 17th July, 2023 and 31st July 2023.
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Interested Person Status - Additional Persons
None. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER
1.0 THE SITE 1.1 NB Members may recall Item no. 5.8 from the 21st July, 2023, Meeting of the Planning Committee for various works to the Farmhouse and Barn, erection of a garage, garden room and installation of a natural swimming pool on land adjoining this application site at Ballamona Farm Estate, which was approved.
1.2 Ballamona Farm Estate is located within the Port Soderick area and comprises a significant area of farmland which stretches from the Isle of Man Steam Railway line to the Old Castletown Road (A25). It is served by two accesses into the farm yard area, both from the A25. The farm accommodates a number of buildings including the Manor House, Farmhouse and adjoining stone built, Barn. The application site comprises land located to the west of the farm buildings complex, and is presently used as an area of outside storage having had groundworks undertaken for a previously approved development for the erection of a stable block.
1.2 The site is located in the countryside outside any recognised settlement boundary, and within an area of High Landscape or Coastal Value and Scenic Significance (AHLV).
2.0 THE PROPOSAL 2.1 The full planning application proposes the development of the site for the erection of private equestrian facilities. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores, along with an outdoor manage, hay barn, field shelter,
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horse-walker and associated landscaping. This application is intended as an amendment to the previously approved scheme PA 12/01285/B.
2.2 Amended plans received on 17 July, 2023, propose a smaller and much less bulky structure than that originally submitted. It would measure approx. 31.0m deep x 51.78m long x 5.7m high to the eaves of the main part of the structure and 8.2m high to the ridge. The single storey element on the western side of the building would measure 2.65m to the eaves and 5.7m to the ridge of the mono-pitch roof on this side of the building, which would tuck in just under the 5.7m eaves height of the main structure.
2.4 For comparison, the dimensions of the PA 12/01285/B originally approved scheme; the PA 22/01386/B original submission; and, amended submission are:
12/01285/B - approved scheme
Length 51.7m Depth 49.76m Eaves height - between 2.5m and 5.7m
Max. Ridge height 8.2m
Overall Built Area Footprint = 2,572.6m2. Less open courtyard area of 816m2 = 1,756.6m2.
22/01386/B original submission
Length 62.0m Depth 37.6m Eaves height 4.7m
Max. Ridge height 8.7m
Overall Built Area Footprint = 2,331.2m2
22/01386/B amended submission
Length 47.6m Depth 30.5m Eaves height - between 2.5m and 5.7m
Ridge height 8.2m
Overall Built Area Footprint 1,451.8m2
2.5 In an email dated 26 July, 2026, the applicant has clarified the requirement for the equestrian facilities as follows:
"The main purpose of the building is to provide an indoor riding arena which takes up much of the space and is a standard, 'recognised' size of 20m x 40m.
As mentioned in the submitted Design Statement, highly bred horses can be very temperamental and spooked easily in bad weather. An indoor riding arena will allow for safe, year-round training on the Estate and negate the need to travel to other facilities on the island. Therefore, reducing the number of large vehicles carrying horses coming and going from the estate.
The remainder of the equestrian facilities include: 4 stables (4.4m x 5m), tack room, storeroom, equestrian laundry/drying facilities, and bedding & feed stores. These facilities will be used by the occupants of Ballamona Estate and its associated dwellings (The Farmhouse, The Mill and The Manor House) and staff. We believe 4 stables for an Estate of this size is not excessive.
We think it should also be noted that previously approved scheme (12/01285/B) had approval for 13 stables.
Whilst we appreciate the development is large, the proposed development is not solely being used for Equestrian purposes. As well as providing equestrian facilities, the building also
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provides facilities and storage associated with the maintenance and running of such a large estate (122 acres). As detailed in the Design Statement it is the occupant's intension to re- establish Ballamona as a Private Working Estate. A large portion of the main building will be used for the storage of machinery used for maintenance of the Estate. A list of machinery is provided in the submitted design statement, however since submission back in November this list has now increased to now include:
(Sizes are in mm) Kubota - tractor/loader bucket (1800 x 4800) Kubota - tractor mower (1500 x 3700) Kubota - grass topper (1400 x 2000) Kubota - tiller (1000 x 1700) Land harrows (1700 x 2300) Logic- land roller (1650 x 2000) Polaris - land ranger ATV (1500 x 3000) Honda - quad/ ATV (1000 x2000) ATV Trailer (1500 x 2300) Arena harrows (1000 x 1500) Huskvarna - walk behind tiller (500 x 1400) Honda - walk behind tiller (400 x 1200) Huskvarna - walk behind, mulching mower (600 x 1500) Huskvarna - walk behind, non mulching mower (600 x 1500) ATV Spraying attachment (500 x 1100) Compressor (300 x 700) Kubota - 6 ton digger (2000 x 5300) Ditching bucket/ attachment (600 x 1500) Digging bucket/ attachment (750 x 900) Digging bucket/ attachment (400 x 600) Riddle bucket/ attachment (900 x 1000) Grab/ attachment (800 x 1000) Teagle - flail (1000 x 1150) Rock breaker/ hammer (400 x 1250)
In addition to the residents of Ballamona, the Estate currently employs 3 full time members of staff. Therefore, the proposed development also includes a Staff Office, along with ancillary/wellbeing facilities including a break room, toilets, changing and drying room for the ground's staff."
2.6 The application also proposes the following elements:
o 10 car parking spaces located to the east side of the equestrian facility; o 2 No. Field Shelters constructed from blockwork with vertical wooden wall cladding. A membrane sheet would cover the flat roof. located to the east of the equestrian facility opposite the main entrance, measuring 16.0m inc. roof overhangs (13.2m wall-to-wall) wide x 6.0m inc. roof overhangs (4.8m wall-to-wall) deep 2.77m high to the eaves of the flat roof; o Hay Barn located close-by to the south-east of the equestrian facility measuring 12.0m wide x 10.0m deep x 4.3m eaves height and 5.1m ridge height, of steel frame construction with concrete panels to the sides up to 1.5m high with vertical timber boarding above to the walls, and a metal clad roof. One of the 3-bays to be enclosed with access via a roller shutter door, and; o A circular shaped Horse-Walker shown located immediately to the south of the Hay Barn 13.9m in diameter with a 2.26m high metal mesh outer fence; and, o A 20.0m wide x 60.0m long outdoor riding arena. o Existing manege which sited to the east of the Mill to be removed, with this area of land being re-instated to be used in association with the Mill.
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2.7 The application is supported by a Design and Access Statement; a Supporting Planning Statement; Preliminary Tree Survey by Manx Roots Tree Management dated March 2022 - (as presented also for PA 22/01167/B); Technical Literature for both the Horse-Walker and the Outdoor Manege; and, an Historic Flood Risk Assessment.
2.8 The Supporting Planning Statement advises that one tree is shown to be removed "as a result of the need for large vehicles (motorhome and horse box) to gain access to the rear of the building from the existing car park and access. Whilst it would be possible to relocate this facility to the front of the building, this would necessitate further widening of the existing access track at the west of the building to allow for manoeuvring in and out and increase the spread of the development into the field. Access in this position would also be more affected by the prevailing wind. The tree, we believe is a self-seeded alder with griselinia hedging growing within."
3.0 PLANNING POLICY 3.1 The application site lies within an area not designated for development and within an area of High Landscape or Coastal Value and Scenic Significance (AHLV) on the Town and Country Planning (Development Plan) Order 1982. On the Area Plan for the East (2020) the site is featured as an area not designated for development. The site is not within a Conservation Area.
3.2 In the Isle of Man Landscape Character Assessment (July 2008) at Figure 3.1 'Landscape Character Types and Areas', the site is identified as being within a Landscape Character Area that is broadly classified as 'D13 - Santon' - Incised Slopes.
3.3 Within the Isle of Man Landscape Character Assessment Written Statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 126, the Landscape Strategy is:
"The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons, its scattered settlement pattern, its Victorian pleasure glen and the railway."
"Key views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. o Incinerator chimney forms a notable landmark in the immediate area. o Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. o Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. o Views from Isle of Man Steam Railway"
3.4 It is noted the site is not identified as being at flood risk.
3.5 The site lies partly within a Registered Tree Area 0770 in this location.
The following policies of the IOM Strategic Plan (2016) are considered relevant to the consideration of the application:
3.6 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application:
Strategic Policy 1 Optimising the use of land 5 Design and visual impact 10 Sustainable transport
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Spatial Policy 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 3 Protection of trees and woodland 4 Wildlife and Nature Conservation 7 Protection of existing watercourses Paragraph 7.15 - Equestrian Pursuits and Polices EP19 - 21 19 Development of Equestrian Activities and Buildings 20 Presumption against large scale equestrian developments 21 Buildings for the stabling, shelter or care of horses in the countryside 22iii) Protection form vibration, odour, noise or light pollution
Transport Policy 4 Highway safety 7 Parking provisions
4.0 PLANNING HISTORY 4.1 There is an extensive planning history relating to the site for the equestrian facility, as well as the adjoining site of the Manor House; Farmhouse, Barn and Mill, which is rehearsed below:
4.1 Manor House 04/01191.B - roofing over internal yard area - Permitted - 2/8/2004. 12/01245/B - erection of replacement dwelling with garage block and landscaping - Permitted - 30/1/2013.
4.2 Farm House 10/00493/B - alterations, extensions and renovation of existing dwelling - Permitted - 29/6/2010.
18/00228/B - extension to farmhouse and barn, development of private equestrian facilities with horse walker, relocation of poly tunnel and associated landscaping - withdrawn
4.3 Barns 10/00339/B - Conversion of barns into estate office with facilities - permitted and commenced: the upper floor was converted and has been used for office use: the lower floor is in the process of being converted. Permitted - 20/9/2010.
4.4 Mill 90/04196/A - Approval in principle for conversion of derelict mill into a dwelling - Permitted - 1/1/94. 10/00340/B - Conversion of mill into a private dwelling - Permitted - 20/9/2010. 10/01468/B - Conversion of redundant mill into private residential accommodation - Permitted - 24/11/2010.
4.5 Additional development 11/00489/B - Approved - 31/5/2011; and, 11/00898/B (amendment to PA11/00489/B) - erection of a stable block to the north of the farm yard - Permitted - 10/8/2011.
17/00294/B - erection of poly tunnel - Permitted - 8/5/2017.
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17/00738/B - erection of poly tunnel - Permitted - 17/8/2017. 17/01001/B - extension of existing manage - Permitted - 27/10/2017.
4.6 Farmhouse and Barn 22/01167/B - Alterations, extensions to existing dwelling and conversion of outbuildings to form residential accommodation together with the erection of a garden room and domestic garage and associated landscaping including a natural swimming pool - Permitted by the Planning Committee - Meeting date - 21/7/2023.
4.7 Equestrian Facilities 12/01285/B - Erection of equestrian facilities including stables, staff facilities and indoor riding arena - permitted - 30/1/2013. Pre-application advice was provided prior to submission.
5.0 CONSULTATIONS 5.1 Highway Services Highway Services - Comments (8/12/22) - "- After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking."
5.1.1 Highway Services - Comments (20/7/23) - "I have reviewed the amended proposals for application 22/01386/B dated 17th July 2023 and Highway Services HDC still finds the proposals to have no significant negative impact upon highway safety, network functionality and /or parking and therefore continues to not oppose the application."
5.2 Braddan Parish Commissioners - Comments (19/12/23) - "no objections."
5.3 Inland Fisheries Development Manager - Comments (12/1/23) -
"I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, providing that all surface water from the development is discharged through the attenuation pond and no materials hazardous to aquatic life are able to contaminate the surrounding watercourses."
5.4 Ecosystem Policy Team - Comments (19/12/23) - "A tree is to be removed to facilitate the development, as are various other areas of small areas of semi-natural habitat, such as small areas of bank, hedge and rough grassland. We don't have an issue with the proposed development, but believe that ecological mitigation is required.
The site plan indicates that tree planting is to be undertaken to the west of the new facility and to ensure that this provides the necessary mitigation, we request that a native tree planting plan is secured as a condition on approval. We also request a condition for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors. Our recommendation is that 3 boxes suitable for swift are erected in the following locations shown in red. (See drawing of end elevation of equestrian facilities accompanying the EPT comments).
The applicants may wish to consider erecting more bird boxes, or bat boxes as an enhancement for wildlife.
Additionally, viviparous (common) lizards are known to be present in the local area, and could be impacted by the proposed works.
Habitats associated with lizards are semi-natural grasslands, scrub, sod banks, stone walls and woodland edges. In spring, summer and early autumn, they bask in sunny patches on the edge of taller growing vegetation where they can hide from predators. They often bask on or under
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materials that absorb heat rapidly such as metal, wood and stones, banks and walls. In winter they go into hibernation, in places such as dead wood and loose dry stone walls.
There is therefore potential for lizards in the rubble piles, which are shown on the 2021 aerial photograph of the site. We don't think that mitigation for lizards is required because the applicants have previously created a retaining wall on the site with an area of long grass and gorse at its base and the photographs provided with the application show that this looks suitable for the different life stages of viviparous lizards. However, responsible construction methods will need to be put in place to ensure that lizards are not harmed during the works. We therefore request that a condition is secured for the works to be undertaken in line with a Reasonable Avoidance Method Statement (RAMS) for lizards, which should be submitted to Planning for written approval prior to works taking place.
We also recommend that the vegetation around the retaining wall is managed for the benefit of lizards - this includes retention of an area of long grass and gorse at its base which is cut on a three year rotation in September, with the grass on top cut annually (outside of the dates 1st April - 31st July) to retain a more open lizard basking area, and no use of any herbicides.
An area of wildflowers could also be sown along the top of the wall but slightly set back, to encourage invertebrates, which would be beneficial for all sorts of wildlife including lizards, birds and bats."
5.4.1 Ecosystem Policy Team - Comments (11/1/23) - "Further to the below response, please note that the Ecosystem Policy Team no longer wish to request a Reasonable Avoidance Method Statement (RAMS) for lizards as a condition on approval."
5.5 Environmental Protection Officer - Comments (7/12/22) - "With regard to PA 22/01386/B please can the applicants provide more information on the following aspects:
Will the toilet/shower facilities mentioned in Section 4.3 of the Planning statement be connected to the current septic tank/sewage treatment works or will there be a new unit installed?
o If connecting to the current foul infrastructure the applicants will need to ensure there is sufficient capacity within the system to accept the additional flows. o If a new unit will be installed will it be connected to a soak-away or discharge to a watercourse? If the applicants wish to discharge the treated sewage effluent to a watercourse or drainage ditch they will need to apply for a discharge license through the Environmental Protection Unit.
5.6 Forestry, Amenity and Lands, DEFA - No comments received.
5.7 Planning Enforcement Officer - No comments received.
WRITTEN REPRESENTATIONS 5.8 None received at time of drafting report
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
(i) Principle
(STP2, SP5,) (ii) Visual Impact
(GP2 b, c; EP1, EP19, EP20, EP21) (iii) Neighbouring amenities (GP2g) (iv) Highway Safety
(GP2 h & i; TP 4 & 7) (v) Trees and Ecology
(STP4b, c, EP3, GP2d)
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(vi) Environmental Harm (EP22 iii) (vii) Drainage / flooding (GP2l, Ep7) (viii) Other Matters - Occupancy (GP 3 b), g); and, EP 1, 22iii) (ix) Conclusion
(i) Principle - 6.2 The planning application seeks planning approval for the erection of private equestrian facilities within the application site which comprises an area of land located on the Estate to the west of the Farmhouse and Barn and to the south of the Mill. The application follows on from the January, 2013, approval of PA 12/01285/B for equestrian facilities including stables, staff facilities and indoor riding arena. Ground works were commenced on the site, and there is evidence of drainage systems having been put in place. It is considered that development of the PA 12/01285/B proposal had commenced, although the works for reasons unknown were not completed. The applicant has advised that the current proposal represents an amendment to the previously approved scheme, which is accepted by Officers who consider that the principle of development has, therefore, been established.
6.3 As stated above there are three planning policies contained within the Isle of Man Strategic Plan 2016 that are material to the assessment of the planning application. The Case Officer in considering PA 12/01285/B advised that the proposal was of 'a relatively modest size' and it was concluded that the stabling did not constitute large scale equestrian development. However, the current Case Officer considers that that the proposals are large scale as acknowledged by the applicant in paragraph 5.9 of the Supporting Planning Statement, although it is highly relevant that a similar sized scheme has been previously approved in the same area and is still capable of implementation. Given this, it is considered that the advice outlined in Environment Policy 20 can be discounted and set aside. It is noted that the footprint of the now proposed equestrian facility covers a lesser footprint than the originally approved proposal, and that leaves two remaining specific planning policies to consider the proposals against. (Environment Policies 19 and 21).
(ii) Visual Impact 6.4 The submitted (amended) scheme for the equestrian facility proposes the following elements: an indoor riding arena with associated stabling, tack, and equipment stores, along with an outdoor manage, hay barn, field shelter, horse-walker and associated landscaping. The main element is the indoor riding arena with associated stabling, tack, and equipment stores. This would be sited on the area of the previously approved equestrian facility, although as shown on the comparative drawings of the three schemes it would have the least footprint area and at 8.2m high to the main ridge, would be no higher than the approved facility, and 0.5m lower than the facility originally proposed by this application. Its south facing elevation would at 31.5m be less than the originally approved (49.7m) and superseded (37.5m) schemes. The west facing elevation would be 51.7m long compared with the originally approved (47.6m) and superseded (62.0m) schemes. Whilst longer than the original by 4.1m, the reduction in depth of 18.2m is significant, and it is considered that the applicants re-design of the main element of the scheme, with a lower west elevation element; use of cladding and vertical timber boarding for the walls, the deletion of the roof-lights from both roof-slopes and the employment of matt black (non-reflective) Solar PV Panels for half the area of the west facing roof slope, would result in a main structure that would sit comfortably within the landscape and be in scale and keeping with its surroundings - mainly the barn to the east and the recently approved garage structure to be located between the barn and the application site.
6.5 The associated elements of the development which would support the equestrian facility, comprising the outdoor manege, hay barn, field shelter, and horse-walker would, in the case of the hay barn and horse-walker, be screened from any views from the north by the equestrian facility. The 3-bay hay barn is of a standard design and contains one secure bay with a roller-shutter door for use as a machinery store/workshop. The field shelter would be located
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opposite the main entrance to the equestrian facility and its relatively small dimensions and low flat roof would render it small and relatively unobtrusive a feature in the landscape, which would be read against the height and scale of the equestrian facility when viewed from the west. The outdoor manege would be sited to the south of the equestrian facility and adjacent to the hay barn and horse-walker. The low level fence around this outdoor horse exercise arena would render it a visually unobtrusive feature in the landscape. It would replace the existing manege which is sited to the east of the Mill, with this area of land being re-instated to be used in association with the Mill.
6.6 In terms of Environment Policy 19 it can be seen that due to the distance from the nearest public viewpoints, the topography of the intervening land and the use of additional screen planting the proposed equestrian centre and would have little impact on the amenity of the area. It can also be seen that the proposed outdoor manege, hay barn, field shelter, and horse-walker would be sited on previously developed land given that ground works were commenced on the site for the previously approved equestrian facility, with evidence of drainage systems having been put in place. The proposed plans also show that the main structure would be set at a level which is lower than its surroundings to the north and west, where it adjoins the Barn and site of the garage building. As such, the proposal does not result in any meaningful loss of existing valuable agricultural land. Based on this it is concluded that the proposal satisfies the provisions of Environment Policy 19, As for Environment Policy 21 the design of the facilities are clearly equestrian in form and automatically satisfy the provisions of this policy. Overall the development would not adversely affect the character of the surrounding countryside to an unacceptable degree. This accords with the provisions of Policy GP2 b) and c) and Strategic Plan Policy EP1 of the Isle of Man Strategic Plan 2016.
(iii) Neighbouring amenities
6.7 Whilst the scale of the proposed development is significant, it would not have an unduly adverse visual impact on the property when viewed from any surrounding neighbouring properties due to its position, size, and design and would not result in any significant adverse visual impact upon the appearance of the adjoining barn and Farmhouse complex which is within the applicants ownership; or, that of the immediate area. This would accord with the provisions of Policy GP2 g) in the Adopted Isle of Man Strategic Plan (2016).
(iv) Highway Safety 6.8 DoI Highways has responded raising no objection to the proposals. It is considered that in this regard, the proposed extensions are acceptable and accord with the provisions of Policies GP 2 h) and i) and Transport Policy 7 of the Adopted Isle of Man Strategic Plan 2016.
(v) Trees and Ecology
Impact on trees 6.9 The site is bounded by a number of mature trees. The submitted Preliminary Tree Survey identified 25 living trees and 11 dead trees for removal. This mainly relates to the submission for the adjoining Farmhouse and Barns site, and has previously been considered as part of the PA 22/01167/B submission. Two trees are proposed to be removed to accommodate the development. In the event of an approval being granted a condition should be added that requires protective fencing to be installed to form the construction exclusion zone in accordance with BS5827:2012 that should be maintained for the lifetime of the construction works for the development.
6.10 The Ecosystem Policy Team comments that it does not have an issue with the proposed development, but believe that ecological mitigation is required. Officers consider that the EP Teams request that tree planting to be undertaken to the west of the new facility be the subject of a condition to secure native tree planting plan is secured, is acceptable. Also, the request for a condition for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors; and, that 3 boxes suitable for swift are erected, should be added to any permission granted. There would be no objection should the applicants
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wish to consider erecting more bird boxes, or bat boxes as an enhancement for wildlife. This would accord with the provisions of Policies EP4 (a) i) GP2 (d) of the Isle of Man Development Plan (2016).
(vi) Environmental Harm 6.11 Turning to the use of the equestrian facility and associated development, it is clear that the site and surroundings have a previous association with equestrian activities, and the siting of the equestrian facility in this location would be of sufficient distance away from neighbouring residents to not to be considered a nuisance to them in respect of noise or activities carried on within and around the equestrian facility. This would accord with the provisions of Policy EP22 iii) in the Adopted Isle of Man Strategic Plan (2016).
6.12 In order to minimise further any potential for harm to bats and other protected species, Officers consider that the details of any scheme for outdoor lighting should be conditioned to ensure that any such impacts are minimised and to protect the quality of the rural night sky from any unnecessary light-spill. This would accord with the provisions of Policy GP2 c) d) and m) and Policy EP22 iii) in the Adopted Isle of Man Strategic Plan (2016).
(vii) Drainage / flooding 6.13 The site is not identified as being in an area at flood risk. The proposal involves the use of a BioDisc packaged sewage treatment plant which is proposed to be connected to a drainage field located on the site. Surface water run-off would be channelled to soakaways and an attenuation pond this would enable rainwater harvesting to occur which would be useful in case of a fire, and would also enhance the wildlife offering of the site which would aid bio-diversity. It is considered that such mitigation details would meet the provisions of General Policy 2(l); and, Environment Policies 7 and 22 of the Adopted Isle of Man Strategic Plan (2016).
(viii) Other matters - Occupancy 6.14 The application is for the proposed erection of private equestrian facilities including an indoor riding arena with associated stabling, tack, and equipment stores, along with an outdoor manage, hay barn, field shelter, and associated landscaping. The applicant has advised throughout their submission that the facilities would (along with the previously approved PA22/1167 extensions and works to the adjoining Barn and Farmhouse on the Estate, be for the restoration and future beneficial running of the Ballamona Estate. The applicant purchased the Ballamona Estate in 2010, and the sites planning history subsequent to that date reflects a commitment by the applicant to improve the facilities at and condition of the Estate.
6.15 The Design and Access Statement advises: "The applicant owns a number of horses which are currently housed at various stables on the island as well as some being 'retired' to the UK. It is the intension to create facilities that will allow for their horses to all be relocated to the estate and build an all-weather training facility. The applicant competes in equestrian competitions regularly and having well-bred, highly-strung horses requires them to ridden regularly. At the moment it is not possible to exercise or train them at Ballamona for much of the year due to the Estate's exposed location and the weather, particularly in the winter months... It is the applicant's intension to continue with the development of Ballamona into a cohesive private working estate worthy of its historical significance and its spectacular location."
6.16 Members will note that a condition was attached to the PA22/01167/B permission restricting the use of the extended and altered Barn and Farmhouse, and associated development to its occupancy as a single dwelling unit. It is considered that it would be appropriate to restrict the use of this private equestrian facility to the occupants of the Ballamona Estate and their employees and associates only, and that it should not be operated as a facility open to the general public, or sold or sub-let without first obtaining planning permission.
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(ix) Conclusion 7.1 Overall, it is concluded that the proposed development is appropriate for the application site and suitably accords with the relevant planning policies. It is therefore recommended that the planning application be approved.
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 above 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 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: 07.08.2023
Signed : H LAIRD 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 07.08.2023
Application No 22/01386/B Applicant AMG Investments Proposal Proposed erection of private equestrian facilities in fields 524030, 524029 and 522779, Ballamona Estate, Quine's Hill, Port Soderick. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores. along with an outdoor manage, hay barn, field shelter, and associated landscaping. This application is intended as an amendment to the previously approved scheme PA 12/01285/B Site Address Fields 524030, 524029 & 522779, Ballamona Estate Oak Hill Port Soderick Isle Of Man IM4 1AT
Planning Officer Mr Hamish Laird Presenting Officer As above
Addendum to the Officer Report
At the meeting of the 7th August 2023, the case officer advised the Members that there was an error in paragraph 6.3 of his report in that the site erroneously referred to therein was for the stable block proposed in the previous application, PA12/01285/B, and not that for this proposal. He updated the Members with regard to the correct site for the proposal under consideration.
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