**Document:** Officer Report
**Application:** 16/01375/A — Approval in principle for redevelopment of farm yard - stables, farmhouse and equestrian building alongside farm lane for solely residential development, including improved access to holiday cottages. Proposed creation of access from former railway line footpath to field 244230.
**Decision:** Permitted
**Decision Date:** 2017-02-07
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/22613-kirk-michael-pennybridge-stables-dwelling/documents/1024539

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# Officer Report

**Application No.:** 16/01375/A
**Applicant:** Carolyn Mary Stephenson
**Proposal:** Approval in principle for redevelopment of farm yard - stables, farmhouse and equestrian building alongside farm lane for solely residential development, including improved access to holiday cottages. Proposed creation of access from former railway line footpath to field 244230.
**Site Address:** Pennybridge Stables Main Road Kirk Michael Isle Of Man IM6 2HD Case Officer : Miss S E Corlett
**Photo Taken:** 06.10.2016
**Site Visit:** 06.10.2016
**Expected Decision Level:** Planning Committee

## Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT INVOLVES THE DEVELOPMENT OF SOME LAND WHICH IS NOT DESIGNATED FOR DEVELOPMENT

## THE SITE

1.1 The site is the holding of Pennybridge Stables/Glebe Farm which sits on the western side of the A3 TT Course to the north of Kirk Michael village. The site incorporates a number of operations - a horse livery yard involving sheds, stables and fields, an indoor horse exercise facility housed in a large building which sits to the rear of a fuel filling station which in turn fronts onto the main road, a seasonal camp site and two dwellings. - 1.2 The former railway - now long distance footpath dissects the site with field entrances into the fields to the north west in existence off the footpath. - 1.3 The equestrian-related operation has been being scaled down in recent years and the applicants have tried to diversify by introducing the camp site and applying for permission to redevelop the indoor arena. They now wish to sell the site and move elsewhere, considering that the livery business is not sufficiently profitable, particularly given the location of the site right alongside the TT Course. - 1.4 There are stables within the traditional farm yard where the two units of residential accommodation sit in the form of the farmhouse and an adjacent unit. There is also an open fronted barn and several smaller storage buildings. There are more stables across the bridge over the public footpath. The farmhouse is a traditional property which has been extended such that it has a long frontage (almost 20m) with a step back to the additional accommodation at the eastern end of the building. - 1.5 Access into the site is from the A3 alongside the garage from where there is relatively good visibility in both directions other than a slight impediment from the totem sign at the garage: 40m to the nearside carriageway to the north and double that to the farside carriageway and around 80m to the nearside and over 100m to the farside carriageway back towards the village. A further

- access off the Orrisdale Road is available and well used, particularly during Mountain Circuit race and practice periods when the A3 is closed.
- 1.6 The indoor arena is a large building with a footprint of 25m by 50m. Planning approval has been granted for the replacement of this with two dwellings (15/00539/A) although this has not been implemented.
- 1.7 Immediately to the south west of the site is The Old Vicarage, a residential property set in its own grounds. To the rear of this are two holiday cottages which are accessed through the application site and which are currently in the same ownership as The Old Vicarage. A small sign at the entrance to the site off the A3 identifies the cottages as graded tourist accommodation. THE PROPOSAL

2.1 Proposed is the principle of the redevelopment of the farmyard for the erection of new houses the houses, the indoor arena, stables and storage buildings all redeveloped for purely residential purposes whilst retaining the seasonal campsite and the use of the land for equestrian purposes, served by the stables on the coastal side of the footpath. Also proposed is a link from the footpath to the fields on the landward side by a new entrance which will enable horse-related traffic to cross between the fields and get out onto the Orrisdale Road without having to cross through the farmyard. PLANNING POLICY - 3.1 Part of the land which is proposed to be redeveloped is designated on the Kirk Michael Local Plan of 1994 as Residential. The Residential designation stretches from the village to the site, ending along the northern side of the access lane from the A3 with a belt of Woodland identifying and protecting the trees around the periphery of the Old Vicarage.

3.2 The part of the site which is not designated as Residential is the footprint of the existing indoor arena. This land is part of the much wider area of Open Space which was identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 which preceded the local plan, as of high landscape value and scenic significance. - 3.3 As much of the development is within an area designated on the local plan as residential, the general principles of development as set out in General Policy 2 are applicable as follows:

"Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
- c) does not affect adversely the character of the surrounding landscape or townscape;

- g) does not affect adversely the amenity of local residents or the character of the locality;
- h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- i) does not have an adverse effect on road safety or traffic flows on the local highways; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

- m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- n) is designed having due regard to best practice in reducing energy consumption."

3.4 As part of the site is not designated for development, General Policy 3 and Environment Policies 1 and 2 are applicable as follows:

General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

- a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
- b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
- c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment
- d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
- e) location-dependant development in connection with the working of minerals or the provision of necessary services;
- f) building and engineering operations which are essential for the conduct of agriculture or forestry
- g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and
- h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

- Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative".
- Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

- a) the development would not harm the character and quality of the landscape; or
- b) the location for the development is essential".

## PLANNING HISTORY

4.1 Apart from a number of applications for agricultural and equestrian developments, including the indoor arena which was approved under 96/00730/B, the site has more recently been the subject of a number of applications to introduce new uses to the complex, including the camp site 14/01001/B which approved the use of the field until September 2018, and a catering business alongside the indoor arena - 14/01459/C - which would operate on Tuesdays, Thursdays, Fridays and Saturdays between 1700 and 1930hrs. Most crucially, planning approval was granted for the principle of the replacement of the arena with two dwellings - 15/00539A. REPRESENTATIONS - 5.1 Highway Services initially requested that the application be deferred so that it could be demonstrated that the access to the proposed development was satisfactory. Following receipt of additional information and photographs indicating an access lane of adequate width Highway Services does not oppose this application subject to the following application:

1. Any application for reserved matters shall include a transport statement demonstrating that the access is suitable to serve the number of proposed properties.

Reason: In the interest of highway safety (16.01.2017).

5.2 Michael Commissioners object to the application, expressing concern at the fact that the Orrisdale Loop Road is frequently used during race periods for parking and ambulance and other emergency services and the present gate that leads onto the railway also needs to be restricted access and motorbikes and other motor vehicles are using it (12.01.17). - 5.3 Representatives of the owner of The Old Vicarage which sits alongside the site to the south, expresses concern that the application lacks detail and the access does not meet the requirements of the highway authority and is not suitable for two way traffic. They also raise issues in respect of land ownership although accept that this is not a planning matter (09.01.17). They provide further clarification of their concerns by way of an e-mail of 12.01.17, explaining that their clients seek to protect their own existing living environment and their business interests - the holiday cottages and seek the entitlement to further representation in the process. The lack of information on the number of houses and their position does not allow them to fully assess the proposal.

## ASSESSMENT

6.1 This is a difficult application to assess as there is little in the way of information which could demonstrate what development could ensue from what is proposed. Essentially, as the site is mostly within the area designated for development, what is proposed here is the principle of the erection of an unspecified number and type of dwellings where there is currently a large equestrian building: even though an application in principle cannot determine the demolition of a building: in this case,

- no planning approval would be required for the demolition of these buildings. The fact that two dwellings have already been approved on this piece of land (15/00539/A) is an important consideration.

6.2 The issues here are whether the site is suitable as a whole for residential use and whether the replacement of the arena with potentially more than the two dwellings already approved, all accessed through the main access and with the rest of the site accessed onto the Orrisdale Road. Permission is not being sought for this, the information provided seeks to demonstrate how the rest of the site would operate were this principle to be considered acceptable. Any application for reserved matters would have to include whatever is needed to facilitate this - ie the access onto the former railway line. - 6.3 It is perfectly understandable that those considering the application have found difficulty with assessing the impact as no details have been provided. It is also debatable whether an approval will be terribly useful to anyone coming behind with a specific proposal as what could be permitted is the reinforcement that residential development is acceptable on land which is designated as Residential on the local plan and that the details must demonstrate that there is a satisfactory environmental impact from the development which is open to a number of subjective judgements in accordance with GP2 and EPs1 and 2. - 6.4 What must be determined is whether the site is suitable in its entirety for residential development and use and if so, whether there are any constraints on how this should occur. Such constraints will come about due to concerns about highway safety and the adequacy of the access, the visual impact on the character of the area and the impact on the living conditions of those in adjacent property. There is no evidence that the site cannot be satisfactorily drained of its foul and surface water. Highway safety - 6.5 The access directly onto the A3 is currently used by those in the farmhouse and adjacent unit, the holiday cottages, the indoor arena and the various stables on the site. This has been and could be a significant number of people and the use of the access by horse boxes and large vehicles. The applicant has demonstrated by measurement that the lane is, or could be, a minimum of 4.1m for the first 6m off the A3 as is required by the highway authority for the passing of two way traffic. If the site is redeveloped for residential purposes, it is unlikely that larger vehicles, which would not allow two vehicles to pass side by side, will be using this access and as such, vehicular safety and

- convenience would be potentiall improved. There is no longer an objection to the application from Highway Services.
- 6.6 Whilst the Commissioners have rightly expressed concern about the impact of the development on the safety of the operation of the racing and those using the Orrisdale Road and the former railway line public footpath, the proposal makes no change in this respect and the access road onto the Orrisdale Road will be used in the same way that it presently is. The use of the footpath by unauthorised vehicles is not a matter for this application and the crossing will be similar to others elsewhere on the footpath route where agricultural fields lie on each side of the line and access is required between them (Bishopscourt Farm, for example).
- 6.7 Within the site, considering that approval has been granted for a variety of additional uses residential on the site of the indoor arena, catering alongside this, as well as the traffic from the holiday cottages, the removal of equestrian traffic from this route is likely to improve highway safety and convenience for users of the access. Visual impact
- 6.8 The visual impact of the development is unlikely to be appreciated by the public other than by those looking south towards the existing arena where dwellings are proposed to be. The principle of the replacement of the arena with dwellings has already been accepted. In that case, the dwellings were to sit alongside a working equestrian environment and there was concern expressed within the planning office that any more than two may result in an unhappy relationship between the two new dwellings and the existing equestrian uses within the site. With the equestrian uses removed, there is the opportunity for more units whose impact cannot be greater than that of the existing area which is a much larger utilitarian building. Impact on living conditions
- 6.9 The existing dwellings closest are the holiday cottages which share an access with the site, and The Old Vicarage. The former is likely to benefit from the removal of equestrian traffic and the associated smells, materials and environment and the impact on them will depend upon how many dwellings are proposed. The layout will have to accord with the Highway Services' requirements for safety and convenience and as such the impact on the holiday cottages is not considered unacceptable, rather the opposite. The impact on The Old Vicarage is limited by the existing mature vegetation which separates the site and there is unlikely to be an impact directly on them through what is proposed. The access into The Old Vicarage is close to the access into the application site approximately 12m away and if the access into the application site were unsuitable, then there may be an issue for the occupants of the adjacent site. However, there is no objection from Highway Services and vehicles emerging from The Old Vicarage are visible to those emerging from the application site, albeit slightly screened by the bench situated between the two.
- 6.10 The majority of the site is designated for development and is within relatively convenient walking distance of local amenities (1km to the school and public house, 750m to the village shop and post office and 650m to the local church). As such, it is considered appropriate for the site to accommodate more dwellings than it does at present and is more suitable for residential than for equestrian use, particularly given the proximity to the TT course and the potential conflict between grazing horses and loud motor bikes. Whilst a small part of the site is not designated for development, the redevelopment of this releases a more practicable and sensible use of the site which has potential to be more neighbourly and safer and as such the application is recommended for approval.

## PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;

- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

The owners of The Old Vicarage or representatives thereof.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 30.01.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

- C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
- C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, details of the means of access including the widening of the first 6m of the access to at least 4.1m of level, usable surface, landscaping and drainage of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

- Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
- C 4. Any application for reserved matters shall include a transport statement demonstrating that the access is suitable to serve the number of proposed properties together with any other development which is required to facilitate this, for example, a crossing of the public footpath or closing up of an existing access into the farm yard. Reason: In the interests of highway safety. This approval relates to the coloured location plan received on 15th December, 2016.

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 : …Permitted.. Committee Meeting Date:…06.02.2017

Signed :………E RILEY………….. 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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/22613-kirk-michael-pennybridge-stables-dwelling/documents/1024539*