**Document:** DEC Officer Report
**Application:** 19/00050/B — Erection of timber horse training pen.
**Decision:** Permitted
**Decision Date:** 2019-04-04
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29787-rushen-mine-cottage-ballakilpheric-road-timber-horse-training/documents/1048478

---

# DEC Officer Report

**Application No.:** 19/00050/B
**Applicant:** Nicola Mcdowell
**Proposal:** Erection of timber horse training pen.
**Site Address:** Mine Cottage Ballakilpheric Road Colby Isle of Man
**Planning Officer:** Miss Lucy Kinrade
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 28.03.2019 _________________________________________________________________

## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the coming into use of the approved equestrian building the external timber must be painted dark green, unless another colour has been agreed in writing by the Department, and retained as such thereafter. Reason: In the interest of visual amenity.
- C 3. The internal lighting hereby approved must not be illuminated between the hours 2200 0700 hours daily. Reason: In the interest of visual and local amenity.
- C 4. The internal lighting hereby approved must not exceed 300lux unless otherwise approved in writing by the Department Reason: In the interest of visual and local amenity.
- C 5. There shall be no external lighting on the development hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.

- C 6. The equestrian building hereby approved shall only be used by the occupant/s of Mines Cottage, Ballakilpheric, Colby.

Reason: To protect the amenities of the countryside, and that the application has been assessed on the basis that it is to be used in association with and by the occupants of Mines Cottage. The building could not easily be converted to any other use and any separate use would need to be assessed as part of its own separate application.

- C 7. The approved equestrian building shall be for private use only and not for any commercial use. Reason: In the interest of highway safety.
- C 8. The equestrian building hereby approved shall, within three months of the need for its use ceasing or in the event that it is no longer used or required for equestrian-related purposes be removed and the ground restored to its former condition.

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.

### Plans/Drawings/Information:

The approval relates to 2 x site plan, 1 x location plan, 2 x proposed general arrangement, drawing ref: 1, 2, 3, 4, 5, 6 and 7, and 1 x page showing images and spec summary all date stamped and received 21/01/2019.

_______________________________________________________________ Interested Person Status – Additional Persons

none _____________________________________________________________________________

### Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site represents the area of land under ownership of the applicant and associated with the dwelling Mines Cottage. The existing dwelling and land is located around 150m west of the main Ballakilpheric Road and around 630m north of the junction where the A7 (main road running through Colby) meets the Ballakilpheric Road. - 1.2 Aside from the residential curtilage of the recently extended house and the driveway access (which are subject to boundary conditions in relation to approved application PA 14/01451/B) the remainder of the land is given over to grassland, pasture and trees. This agricultural land is currently used for the keeping and grazing of horses by the landowner. - 1.3 Towards the west of the existing house and within an area generally considered to be the most residential-like area of land there is an existing timber stable building approved under PA 17/00774/B. Due to its siting behind the house this is not readily visible from the Ballakilpheric Road, which is the nearest highway to the site.

2.0 PROPOSAL - 2.1 Full planning approval is sought for the erection of a horse training pen within the fields to the south of the dwelling and outside of the residential curtilage. The pen is to sit closest to the western boundary and adjacent to an area of trees and woodland running along the

- western side of the site. The pen is for the training, exercising and breaking in of the applicants 3 horses and 3 ponies.
- 2.2 The round pen is to be constructed with a steel frame and is to have an overall diameter of 18m. Externally the base of the building is to be finished with 2.4m high timber cladding kickboards above which will be a 0.9m air gap for ventilation. The eaves level is to sit at 3.5m and the proposed green coloured tin roof above is to reach its tallest point in the centre at 5.8m high.
- 2.3 Internally the pen is to have a wood chip ground surface finish and agricultural strip lighting is proposed to be installed within the level of the eaves.
- 2.4 The applicant has sought to provide additional information for the lighting to be used within the building. Proposed is the installation of 4 agricultural strip lights sitting within the eaves and internally within the building. These will be set at equal quarterly distances and to be no more than 300 lux. The applicant indicates that these would generally be used between 4pm - 7pm and no later than 10pm.

3.0 PLANNING HISTORY - 3.1 PA 14/01451/B sought and gained planning approval for a significant extension to the existing dwelling, with a contemporary architectural finish connecting the old and the new elements. The application was approved with two conditions one revoking the PDO and one for the need to define the residential curtilage in accordance with the approved plans, these conditions emanate from the importance that the Planning Committee placed on the need to retain the natural, non-residential nature of the Mines Cottage landholding, a dwelling which very much stands in its own unchanged and natural surroundings.

"C2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flagpoles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by the Planning Authority).

Reason: the site lies within an area where development is generally discouraged and there are also policies to limit the size and to control the design of development on this site."

"C3. Prior to the occupation of the property as extended by the scheme hereby approved, the applicant shall have approved by the Department a scheme for the introduction of a Manx sod hedge or other planting around the approved residential curtilage and the scheme must be implemented in accordance with the approved details at the latest in the first planting season following the occupation of the extended dwelling.

Reason: to ensure that the residential curtilage is defined and in a manner which is sympathetic to the character of the area."

3.2 The site has also been subject to another application for the development of a timber horse stable block adjacent to the main house in 2017. This application was approved under PA 17/00774/B with a number of conditions. The officer considered that the form, materials and size of the stable were appropriate to the rural location and for the needs of the applicant, its location would be out of site from public positions and that it would likely be further screened by the completion of the extension. The conditions for the approval stated that there was to be no commercial use of the stable, and that should ever its use cease or become redundant that it must be removed.

## - 4.0 THE DEVELOPMENT PLAN

4.1 The application site lies within an area not designated for a particular purpose on the Area Plan for the South 2013. On such land there is a general presumption against any kind of development as set out in Environment Policy 1 and General Policy 3 of the Isle of Man Strategic Plan 2016. However, there are also a number of policies which allow for the construction of buildings relating to and required for equestrian use: - 4.2 Environment Policy 19: 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). - 4.3 Environment Policy 20: There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy. - 4.4 Environment Policy 21: 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. The site lies within an area not designated for any particular use on the Area Plan for the South 2013. Due to this, the relevant polices in the assessment of the application are Environment Policies 19 and 21 of the Strategic Plan.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Rushen Parish Commissioners - in support (dated 21/02/2019). - 5.2 DOI Highway Services - no comments received as of 28/03/2019.

6.0 ASSESSMENT - 6.1 The proposal is not considered to be a large scale equestrian development nor is it proposed to be for shelter or stabling of horses, it is therefore considered that the most relevant policy in the assessment of the application is EP 19 which states that the development of equestrian buildings and activities such as the proposed horse pen will not be permitted if they result in a (i) loss of local amenity or (ii) in a loss of high quality agricultural land, they will also not be permitted if they result (iii) in an unacceptable increase of traffic on the local highway network. LOCAL AMENITY - 6.2 Amenity is often used to refer to the quality or character of an area and the positive elements that contribute to its overall enjoyment. This amenity could be areas of open land, trees, historic buildings and the inter-relationship between them, or less tangible factors such as tranquillity. - 6.3 Here we have a site that comprises both residential and agricultural use, but where the rural and agricultural setting and context remains the prevalent character and appearance of the area. These rural characteristics have been identified and demonstrated as being worthy of protection within the assessment and conditions of the 2014 application, and sought to be protected from the unacceptable or harmful spread of residential development and associated domestic paraphernalia into the countryside.

6.4 In the case of this application proposed is the development of an equestrian training pen located within a field directly below and outside of the residential curtilage of the house 'Mines Cottage'. This field and the surrounding land are currently used for the keeping of the applicant's horses and for the grazing of animals. - 6.5 Given that the nearest residential property is the applicant's own home it is not considered that there would be any objectionable impacts in terms of their residential amenity. Therefore in understanding the visual impacts from a public perspective we must consider the siting, design, scale and massing of the proposed pen and whether it has consequential impacts on the wider open rural context and surroundings. - 6.6 The pen is situated around 175m from the Ballakilpheric Road within a distant corner of the site, views will be achievable although limited to gaps in the roadside boundary banking and hedging. Clustering the buildings in and around the main house helps in containing the built development. There is a public footpath which runs around the north side of the site varying in distance between 100-150m away. Views will be achievable along here although these will be from a distance or from acute angles, and with the existing house and trees surrounding the old mine blocking views altogether. - 6.7 The proposed pen is at its most 18m wide and to its tallest point 5.8m high. This will result in an overall massing that appears fairly low and flat in the landscape and remaining generally lower that the height of the house and the existing trees which form the back from when viewed from the public highway. The circular formation of the building is also likely to soften the overall 18m width as its tapers backwards and away from public view. - 6.8 The building is proposed to be finished with a green tin roof and including a number of translucent panels for daylight, the side elevations will be fitted within timber cladding to the base and a 0.9m gap will sit between the walls and the eaves of the roof. The green coloured materials of the roof will likely help the building to merge with its immediate rural surroundings. It may be considered that the further painting of the timber cladding to a dark green will also help in mitigating any visual impact. - 6.9 It is considered that the siting of the proposed pen being furthest from the public highway and tucked into a corner nearest the existing house will help to limit views from public vantage points, the low level and round design of the pen ensures that the proposal will not project beyond the existing line of the trees and will best avoid the spread of development into the below fields and in seeking to protected the open and agricultural context of the area. The green material finish of the pen will also help to further mitigate any visual impacts of the structure, a condition for the colouring of the timber cladding is considered necessary to add in this particular instance. - 6.10 The application indicates that lighting is to be installed internally at eaves level, it is inevitable that during winter or darker nights that lighting is likely to be required to facilitate the use of the training pen, and during the lighter summer months that the translucent panels and the ventilation gap will provide sufficient day lighting for its use, however where concern arises is that the installation and use of lighting during darker hours is likely to increase the appearance of the building and its visual impact on the surrounding environment. - 6.11 The applicant has sought to provide additional information for the lighting to be used within the building and the hours of its general operation. There are to be 4 strip lights installed at eaves level internally and usually being used between 4pm - 7pm and at the very latest up to 10pm. It's likely that these times reflect the summer and winter months although it would be difficult to fully differentiate these. The development approved under PA 14/01451/B has since been completed which includes a glazed link and several apertures throughout each of the elevations from which we can expect a general level of residential lighting. The proposed

equestrian pen is to be sitting in close proximity to the existing dwelling and perhaps read in connection with the residential dwelling. The lighting to be contained within the existing building, while its expected that a degree of lighting will emit from through the ventilation gap and through the translucent roof sheets, it's not expected that this will be so unacceptable as to bring harm to the overall rural setting and that a condition controlling its hours will help to further mitigate any unnecessary spill of light during antisocial or late night hours. Minded of the adjacent woodland, within which could be nesting birds, bats or owls, a condition controlling the lighting times would also help towards reducing unnecessary lighting impacts on their natural habitat.

## HIGH QUALITY AGRICULTURAL LAND

6.12 The proposal it to cover an area of around 250sqm of land owned by the applicant and land that is currently used for the grazing of horses. While the proposal may result in a small loss of land available for agricultural use, there still remains a large proportion for such use. A condition requiring the removal of the training pen should its use cease would help to ensure the land can be restored to its former agricultural use. IMPACT ON LOCAL HIGHWAY NETWORK - 6.13 The application form for the development states that the training pen is to be for the use of the applicant only and for training, exercising and breaking in of her horses. The applicant lives at Mines Cottage and therefore it not expected that the proposal will result in any changes to the existing traffic coming and going from the site and therefore no new highway issues are expected as a result of the proposal. Supporting information from the applicant also indicates that at present journeys are undertaken in order to reach external training arenas and that these journeys will likely reduce as a result of the proposal.

7.0 CONCLUSION - 7.1 The proposal is considered to result in an acceptable visual impact. The siting, design and scale of the proposal is as such that it appears tucked away towards a corner of the site and in close proximity to the existing built development. The structure maintains a low level appearance and does not project beyond the height of the backdrop of trees of the surrounding tree line. The material finish for the structure including the cladding shall be green or dark green and that it should be conditions to be removed at such point as it is no longer required protecting the future use of the agricultural land on which it sits. The proposal is not expected to result in any changes to the existing traffic levels and it is necessary to add a condition preventing the use of the stables for commercial purposes. Internally the development is to be installed with lighting, this is to be controlled via condition as to the hours of lighting times.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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.

8.2 The Planning Committee 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 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 01.04.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

## 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.

---

*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/29787-rushen-mine-cottage-ballakilpheric-road-timber-horse-training/documents/1048478*