**Document:** APL Planning Statement
**Application:** 23/01033/B — Erection of three stables alongside existing agricultural building and additional use of existing and proposed building and site for equestrian as well as agricultural purposes, installation of pipe within existing ditch and mesh on the access lane (retrospective)
**Decision:** Permitted
**Decision Date:** 2024-07-17
**Parish:** German
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/56360-german-staarvey-road-stable-retrospective/documents/1103426

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# APL Planning Statement

## Planning Statement For The Erection Of Stables, Additional Use Of Existing Agricultural Building And Surrounding Land For Equestrian Purposes, Installation Of Pipe Within Existing Ditch And Mesh On Access Lane, Fields 311251, 311250 And 314293, Staarvey Road,

![photograph from page 1](https://images.planningportal.im/2023/08/6843319.jpg)

- 1.0 Introduction
- 1.1 The site comprises three fields all of which lie on the north western side of the Staarvey Road. The site has a gated access onto the public highway and a lane which runs downhill to the north west. There is a small agricultural building on the site at the lower end.

![map or plan from page 2](https://images.planningportal.im/2023/08/6843321.jpg)

![map or plan from page 2](https://images.planningportal.im/2023/08/6843322.jpg)

- 1.2 The applicant purchased the site in March 2023 not realising that the site needed planning approval for the equestrian use of the site.
- 1.3 Following a complaint about a caravan which had been temporarily placed on the site, and which has since been removed, it was explained that planning approval is required for the use of agricultural land and buildings for the keeping of horses for leisure or recreation purposes. This application seeks to regularise the equestrian use of the site and also for the erection of three stables alongside the existing building.

- 2.0 Planning policy
- 2.1 The starting point for the determination of any planning application is the land use designation in the relevant adopted development plan. In this case this is the Isle of Man Planning Scheme (Development Plan) Order 1982 although this is in the process of being updated by the Area Plan for the North and West. On the 1982 Plan the site is within an area not designated for a particular purpose and part of an area of an area of High Landscape or Coastal Value and Scenic Significance.
- 2.2 In this part of the Island, the Isle of Man Planning Scheme (Development Plan) Order 1982 is being replaced by a new Area Plan (for the North and West). This is currently in draft form only so has limited effect but confirms the designation of the site not for any particular purpose. This also has maps which show specific constraints, including the Environmental Constraints map (below) which identifies part of the site as an area of ecological importance (draft) (the brown stripe) although not that part on which sits the existing agricultural building. There are no infrastructure constraints on the relevant map.
- 2.3 Other than some small areas of surface water flooding near the pond which are not where the building has been erected, the site not shown on the national flood risk maps as being at risk of flooding. There are no footpaths, Registered Buildings, Registered Trees or Conservation Areas on or near the site.
- 2.4 Ecology is protected under Environment Policies 4 and 7.
- 2.5 There is a general presumption against development in undesignated areas, as set out in General Policy 3 of the Strategic Plan (see Appendix One). Environment Policy 1 presumes against development which would be harmful to the character and appearance of the countryside. Environment Policy 2 places the greatest importance on the protection of the landscape unless it can be shown that the development would not harm the character and quality of the landscape or that the location for the development is essential.

![A cropped section of a site plan showing property boundaries marked with thick black lines and hatched areas indicating specific zones.](https://images.planningportal.im/2023/08/6843325.png)

- 2.6 The areas of an area of High Landscape or Coastal Value and Scenic Significance to which

- Environment Policy 2 relates are being replaced by landscape character areas which describe the character of each area rather than its quality.

- 2.7 This site lies within an area on the Landscape Character Assessment as part of a large area of Incised Inland Slopes - Cronk y Voddy (D6). The full advice on this type of area is set out in Appendix Two with the most relevant parts highlighted. The draft Area Plan summarises this as follows with a relevant Landscape Strategy:

Landscape Strategy: To conserve and enhance:

a) the character, quality and distinctiveness of the area, with its patchwork of upland fields fringed by valley bottom woodland and moorland and its enclosed and intimate rural road network, a tranquil and remote character with traditional hamlets, scattered farm buildings and nucleated settlements built in a vernacular style.

Key views:

- • Open views, in the west up to the upland peaks of Sartfell and other Upland peaks.
- • Open views over fields to ever-changing seascape in the west of the area.
- • Kirk Michael Church north of this character area is a dramatic landmark in views from northern parts of this area.

- 2.8 Whilst there is a presumption against development in this area according to General Policy 3 pf the Strategic Plan, there is provision for the erection of buildings for agriculture or equestrian pursuits (General Policy 3f and Environment Policies 15, 19, 20 and 21).
- 2.9 The highest quality agricultural land (Classes 1 -2 including 2/3 and 3/2) will be protected from development (Environment Policy 14). The soil here is Class 3 or 3/4.

- 3.0 Planning history
- 3.1 The site has been the subject of one application as follows:

21/01111/B - erection of an agricultural storage building. This application was proposed on the basis of agricultural need, the applicant intending to acquire 50 ewes and 15 tups to keep on the site along with 1.2ha of vegetables. It described the land as having been used for sheep grazing although parts of the site are unsuitable for grazing due to drainage issues. The applicant intended to keep a tractor and attachments along with animal feed, tools and supplies for the agricultural activities and considered the building essential for the security and longevity of the farm equipment needed. They explains that the site for the building was chosen after discussions with the Planning Officers, keeping it away from the highway and public view and closest to the neighbouring buildings.

This application was permitted subject to the following conditions:

- 1. The agricultural building hereby approved shall be finished in a dark green colour and retained as such thereafter.

Reason: In the interests of the character and appearance of the site and surrounding area.

This has been satisfied.

- 2. The building shall be for agricultural use only.

Reason: The application has been assessed on agricultural use only in the interest of protecting the countryside from unwarranted development.

The building has from March 2023 been used for equestrian purposes so this condition is no longer being satisfied.

- 3. In the event that the agricultural building hereby approved is no longer used or required for agricultural use or purpose it shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased.

Reason: The building has been exceptionally approved solely to meet agricultural need and any subsequent retention would result in an unwarranted intrusion in the countryside.

The site and building are being used for equestrian purposes so this condition has not been satisfied.

- 3.2 In addition, these applications for the erection of stables may be considered relevant:

- 21/01170/B - Ballahutchin Beg, Dalby, Patrick - permitted
- 3.3 This application proposed stables in an area of an area of High Landscape or Coastal Value and Scenic Significance but where the planning officer considers that “the key issues in the assessment of the application are the visual impacts of development on the character and appearance of the countryside and AHLV, whether there are any amenity impacts on the neighbours and the proposals effect on highway safety.” She also notes: “In this particular case, the proposal is for a single stable building and its siting in close proximity to the existing buildings along the main road, its low level design, green roof finish and timber cladding and its existing and proposed landscaping works all amount to a circumstance in this specific case which is considered to be exceptionable so as to not result in any adverse visual impacts on the AHLV” and “The submission indicates that the field is already used for grazing by the applicant's family horses and the proposed stable shelter is to be conducive to that. The nearest two properties are owned by the applicant and their family and thus it is not expected that the proposal will result in any unacceptable amenity harm given this situation. Beyond these two properties are a church and other residential properties however the distances between these and the proposed stable will limit any amenity impacts to an acceptable level so as to not harm any general living conditions or day-to-day operations.” And finally, “7.2 The proposal in this case would not result in the loss of high quality agricultural land (zoned as Class 3/2) and could be argued not to be a large scale equestrian development as referred to in EP20. Nevertheless the overall the size, scale and positioning of the stable in proximity to and behind existing building is considered exceptional enough so out to outweigh EP 20 and the proposal is not considered to have an acceptable visual impact so as to not adversely harm the character and appearance of the AHLV or wider countryside.”

![A site plan showing a plot of land outlined in red and blue along Dalby Road, with existing building footprints like a barn and garage.](https://images.planningportal.im/2023/08/6843329.png)

![A technical site plan showing the layout of a proposed stable block, including landscaping details, access routes, and boundary lines.](https://images.planningportal.im/2023/08/6843330.png)

- 3.4 Recently, retrospective permission was granted for stables in Jurby - 23/00281/B on the same acreage as the current application.
- 3.5 Not all applications for stabling are considered so positively, however. 22/01158/B followed an earlier application which was also refused, for stabling, access and hardstanding at Garth, Marown.
- 3.6 The applications were refused due to the perceived lack of justification, the visual impact in an open position within the countryside and the isolated location of the proposed structures.
- 3.7 Of particular interest is 12/01309/B which sought retrospective approval for the installation of a concrete base and erection of a steel, portal framed building which measured 10.6m by 7.6m) and non retrospective approval for its use for equestrian purposes. The application was refused by the Planning Committee but approved on appeal where the inspector commented that:”the building is almost impossible to see from Staarvey Road because of its modest size, secluded lowlying position and dark green colour” and he makes reference to the “safe and convenient solution” to the issues of the applicants in managing their horses including their trekking operation. This building lies 380m from the site of the current application.
- 3.8 It is clear that each application needs to be assessed on its own merits and relative to the context of the site.

![A site plan displaying land boundaries in blue and red lines with a scale bar and faint field markings.](https://images.planningportal.im/2023/08/6843332.png)

![A technical site plan illustrating the layout of a property, highlighting the location of proposed stables alongside an existing agricultural building.](https://images.planningportal.im/2023/08/6843333.png)

## 4.0 The proposal and assessment

![A photograph showing a large dark metal agricultural building, likely a stable block, situated in a grassy field with a horse trailer parked alongside it.](https://images.planningportal.im/2023/08/6843335.jpg)

- 4.1 The site lies within an area which is not designated for development but the Strategic Plan makes it clear that development associated with equestrian facilities can be acceptable if there is no adverse impact on the environment, citing local amenity and highway safety as well as the impact on the character and appearance of the countryside in terms of siting, design, size or finish (Environment Policies 19, 20 and 21). The designation of this area as an area of High Landscape or Coastal Value and Scenic Significance makes the impact on the landscape even more important (Environment Policy 2). The buildings must also be appropriate to their function.
- 4.2 The site extends to 7.7ha (18.7 acres) acres and currently accommodates 3 horses. The proposed stables are modest in size and appearance and their construction is typical of this type of building with a shallow pitched roof system, no first floor and a timber construction (no cavity walls or blockwork). The building is 9.7m and 6m at its longest and widest and has a green sheeted roof and walls. The eaves level is 3.2 and the ridge 4m high at its tallest.
- 4.3 The stables are to be constructed adjoining the existing building and to the south. They will be 10.8m long and 3.6m wide and finished in timber boarding and will accommodate three stables. They will have a lean-to roof finished in green onduline sheeting and will be 2.6m to the apex and 2.3m to the eaves. This application also proposes the existing building to be used for the storage of the applicant’s horse drawn carriage and equipment and items related to the horses and the carriage. It is also intended to store the horses’ feed in there to keep it out of the weather.

- 4.4 The only place from where the stables may be publicly seen is the field entrance to the site from where a viewer will need to stop and look down to the existing building and where the new stables will be visually absorbed into the backdrop of the existing building. We don't believe that the stables will have any adverse visual impact due to their small size and location far from the road, sited within an area cut into the natural slope of the land and abutting an existing building. Whilst the stables will be visible from the adjacent residential property - Upper Lhergydhoo Farm - we hope that the proposed building will not be considered to be detrimental to their outlook.
- 4.5 The stables have no impact on ecology or trees due to their size and position. There is a small ditch running alongside the existing building and the stables will come slightly closer to it but there is no proposal to alter the ditch in any way.
- 4.6 The site lies in an area where the soil is Class 3 or 3/4 so there is no impact on productive agricultural land and the area taken up by the stables is very small compared with the overall acreage.
- 4.7 Also proposed is the reinforcement of the existing access track by the introduction of mesh through which grass may grow but provide additional grip for vehicles ascending and descending the site. A small section of the existing ditch is to be piped to provide a more stable surface for the horses to use alongside the stable. This is shown on the accompanying drawings.
- 4.8 We believe that the proposal complies with the relevant policies and has no adverse environmental impact. Whilst the Landscape Character Assessment refers to traditional buildings in render and slate, the policies on equestrian development require that buildings are built appropriate to their function and a blockwork and slate building would not only be more visible and eye catching but would also be more permanent and potentially contrary to Environment Policy 21. It would also be more appropriate alongside a sheeted, functionally styled building which already exists.
- 4.9 The use of the land for grazing is technically compliant with the definition of agriculture in the Strategic Plan but approval is also sought for the use of the land for the keeping of horses which is not considered to have any more adverse impact nor is any less appropriate than if the land were used for grazing by an agricultural animal as well as the equestrian use of the existing building which was approved for agricultural purposes only. The equestrian policies are written in a way that presumes in favour of such development unless there is a harmful impact whereas the agricultural policies require justification and it is clear from the examples given of other planning applications for stabling, including one very close to this site, that equestrian development can be and is considered acceptable in the countryside.
- 4.10 In this case the semi open character and pastoral character of the landscape as recognised in the Landscape Character Appraisal will be preserved. These stables are not large scale, will not be visually striking and are located abutting an existing building distant from the public highway and it is considered that all three of the equestrian policies are satisfied in this case.

- 4.11 We would ask that the application is permitted and would accept conditions which require the building and site to be used only for agricultural and/or equestrian purposes and that if it is no longer used or required for these purposes, must be removed from the site within a period considered appropriate by the Department.

## Sarah Corlett 30.08.2023

Appendix One - policies

Strategic Plan

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, historic, or social value and interest; (Housing Policy 11);
- (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
- Environment Policy 4: Development will not be permitted which would adversely affect:

- (a) species and habitats of international importance:

(i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

- (b) species and habitats of national importance:

- (i) protected species of national importance or their habitats;
- (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or

- (iii) Marine Nature Reserves; or
- (iv) National Trust Land.

- (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

- 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.

- Environment Policy 15: Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape.

- 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).
- 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.
- 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.

Appendix Two

Landscape Character Assessment

D6 - CRONK-Y-VODDY Key Characteristics

- • Rolling to steep undulating land, which slopes gently upwards to the east.
- • V-shaped river valley with dense deciduous wooded valley bottoms.
- • Fragmented field pattern fringed by fragmented woodland.
- • Hill farming, rough pasture, heathland vegetation, pastoral and arable fields.
- • An evocative sense of abandoned fields on upper slopes.
- • Dramatic backdrop of the rising Northern Uplands to the east contributes to a strong sense of place.
- • Semi-open character overall.
- • Settled character with small nucleated settlements, scattered dwellings, farm houses with outbuildings, using vernacular materials.
- • Archaeological sites such as keeills, cairns and standing stones.
- • Relatively strong sense of tranquillity throughout character area.
- • Presence of Manx Milestones.
- • Lhergydhoo Sandpit

Overall Character Description Rolling to steep land descends from the upland areas down to the coast with a variety of steeply sided wooded river valleys such as the National Glen of Glen Mooar cutting into the undulating plateau. Mature hedgerow trees, a variety of Manx hedges and gorse hedgerows separate areas consisting of fragmented fields of rough grazing and patches of moorland vegetation on the higher inland slopes from the more larger rectilinear pastoral and arable fields that cover the lower slopes closer to the sea where extensive views along the coastline are gained in places. A semi-improved landscape overall but more open in the west.

Settlement pattern is dispersed, consisting of clusters of buildings or scattered isolated farmsteads of traditional Manx style. Wooded valley bottoms, hedgerow trees and tree planting around the various scattered farmsteads and building clusters create a fragmented wooded horizon. The grass banks of the Manx hedges that line the various small lanes, tracks and roads in the area enclose views in places while extensive views across the Island and out to sea are gained in the western portion of the Character Area, such at the northern end of Bayr ny Staarvey where the remains of Keeill Pharick are also located. Other ruined Keeills such as Cabbal Pherick Chapel in Glen Mooar, earthworks such as Manannan’s Chair and various cairns reveal the age/history of human habitation in this area.

Key Views

- • Open views, in the west up to the upland peaks of Sartfell and other Upland peaks.
- • Open views over fields to ever-changing seascape in the west of the area.

- • Kirk Michael Church north of this character area is a dramatic landmark in views from northern parts of this area.

Historic Features

- • Keeill Pharick and Cabbal Pherick Chapel.
- • Long Cairn – Giant’s Grave.
- • Numerous cairns including the Crosh Mooar Site.
- • Earth works including Manannan’s Chair.

Ecological Features

- • Mature network of hedgerows at field boundaries.
- • Numerous small streams with aquatic and waterside habitats.
- • Marginal farmland grassland habitats.
- • Fragmented deciduous woodland habitats.

Evaluation of Inherent Landscape Sensitivities

- • Network of winding small-scale rural roads, lanes and tracks most enclosed by trees and vegetation with grassed Manx hedges and associated trees/shrubs.
- • Fragmented field patterns areas of fragmented woodland and moorland.
- • Wooded valley bottoms.
- • Ecological value of the aquatic ecosystem and riparian habitats.
- • Dispersed settlement pattern of traditional farms, hamlets and small nucleated settlements.
- • Manx Milestones by roadside.
- • Sites of archaeological importance.
- • Sense of tranquillity and remoteness in some areas.

Landscape Strategy The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its patchwork of upland fields fringed by valley bottom woodland and moorland and its enclosed and intimate rural road network, a tranquil and remote character with traditional hamlets, scattered farm buildings and nucleated settlements built in a vernacular style.

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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/56360-german-staarvey-road-stable-retrospective/documents/1103426*