**Document:** DEC Officer Report
**Application:** 21/00544/B — Erection of an agricultural building to provide horse stabling and storage of animal feed
**Decision:** Permitted
**Decision Date:** 2021-09-15
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7547-marown-ballacalin-foxdale-road-garth-agricultural-building-provide/documents/933373

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# DEC Officer Report

**Application No.:** 21/00544/B
**Applicant:** Mrs Wendy Astley
**Proposal:** Erection of an agricultural building to provide horse stabling and storage of animal feed
**Site Address:** Fields 321658 & 324068 Ballacalin Foxdale Road Garth Crosby Isle Of Man IM4 2HD
**Planning Officer:** Miss Lucy Kinrade
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 08.09.2021 _________________________________________________________________

## 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. Prior to the first coming into use of the development hereby approved, details of the proposed landscape planting, in approx. location as shown on annotated site plan - hedging details date received 24/08/2021, shall be submitted to and approved in writing by the Department showing details of proposed species, nursery specifications, positioning and a programme of implementation. All landscaping works shall be carried out in accordance with the approved details within the first planting season following completion of the development and retained thereafter. If any of the planting dies within the first 5 years it shall be replaced with new planting in accordance with approved details. Reason: In the interests of the appearance of the development and the surrounding area.
- C 3. The external elevations of the development hereby approved shall be finished in metal sheet cladding in a dark green colour and retained as such thereafter. Reason: For the avoidance of doubt and in the interest of visual amenity.

- C 4. In the event that the building hereby approved is no longer used or required for the stabling of horses 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 the specific use based on the information provided, and its subsequent retention would result in an unwarranted intrusion in the countryside.

- C 5. The stable hereby approved must be used only for private equestrian purposes and shall not be used for any commercial or livery use.

Reason: The application has been assessed on a private use only and in the interest of highway safety.

- C 6. Prior to the installation of the hardstanding, as shown on annotated site plan hardstanding date stamped received 25/06/2021, details of the precise size, location and material finish shall be submitted to and approved in writing by the Department. The hardstanding as approved shall be retained thereafter.

Reason: In the interests of the appearance of the surrounding area and to provide on site parking.

### Plans/Drawings/Information;

This approval relates to; 4 x site photographs, planning statement from the applicant, location plan and site plan all date received 17/05/2021, annotated site plan - hedging details date received 24/08/2021, annotated site plan - hardstanding date stamped received 25/06/2021 and Wareing drawing number P7034-01 date received 24/08/2021.

_______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application site represents two fields sitting on the western side of the A24 Braaid to Garth Road and just south of the junction with Foxdale Road. - 1.2 Fields 321658 and 324068 are set back one field away from the road and are accessed via a 95m long lane along the southern most edge. The land slopes upwards as you travel from the road up to the fields. The field is bound by a mix of sod hedging and planting. - 1.3 To the east of the site and on the opposite side of the Garth Road is a large Equestrian centre with a riding school and car parking.

1.4 The land is currently used for grazing horses. THE PROPOSAL

2.1 Proposed within field 324068 and nearest end of the access lane is a stable building. The proposed building is to sit on a concrete base cut into the land to create a level area, it is to measure 13.7m x 9.1m and 2.6m to eaves and 3.9m to central ridge. With an area of hardstanding to the rear of building for parking of vehicles. - 2.2 The proposed finish annotates either a box profile metal sheeting or timber Yorkshire boards. The roof is to be fibre cement tiles with three roof-lights either side. - 2.3 An additional drawing also indicates an area of additional hedge planting along the field boundary. - 2.4 The current scheme follows from a previous scheme for a much taller building measuring 4.2m to eaves and 5.5m to central ridge. PLANNING HISTORY

3.1 This particular site has not been subject to any previous planning applications that are considered specifically material, although there are sites in the surrounding area that have had planning approval that may be deemed relevant to this application (see below) including a stable building in the nearest field sitting along the end of the road which was granted approved under PA 21/00426/B, this was for a low level clad building with additional screen planting required by condition.

- o PA88/04442/B - Construction of international-size dressage arena and judges hut, Ballacallin Beg, Crosby, Marown - Permitted - (01.01.1994)
- o PA03/01952/B - Extension to provide a refreshment area, Riding School Building Ballacallin Beg Foxdale Road Garth - Permitted - (10.03.2004)
- o PA91/01211/B - Construction of stable, Ballacallin Beg - Permitted - (01.01.1994)
- o PA88/01478/B - Erection of six wooden loose boxes and two field shelters, Ballacallin Beg, Crosby, Marown - Permitted - (17.10.1998)

## PLANNING POLICY

4.1 The site lies within an area designated on the Area Plan for the East 2020 (TAPE) as not being for any particular use or purpose and within Landscape Character Area D10, as such there is a general presumption against any kind of development as set out across established policies within the IOM Strategic Plan (Environment Policy 1 and General Policy 3), however the same plan also contains a number of paragraphs and policies that specifically relate to the development of new equestrian-related development:

4.2 Paragraph 7.15.1 states: "Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited

- close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
- 4.3 Environment Policy 19 states: "Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic"
- 4.4 Environment Policy 20 states: "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."
- 4.5 Environment Policy 21 states "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to that 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"
- 4.6 TAPE - landscape character D10: "Landscape Character Area Braaid (D10) - Landscape Strategy Conserve and enhance:

- a) the character, quality and distinctiveness of the area, with its open large pastoral fields;
- b) its Manx hedges;
- c) its scattered farm houses fringed by trees;
- d) its sunken and enclosed rural road network and its numerous archaeological features. Key Views Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the built-up edge of Douglas. Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Marown Parish Commissioners - no objection to original scheme for taller building (18/06/2021 and 23/07/2021) however no comments received on the amended drawings for lower level building.

5.2 Department of Infrastructure Highway Services - initially requested additional information from the application regarding a clarification of parking arrangements for the site given its distance from the road, additional detail was provided by the applicant outlining that any visiting vehicles would park within the field and alongside the proposed building and as such DOI confirmed that the proposal is unlikely to raise significant road safety issues and that they 'Do not oppose' (dated 16/06/2021, 13/07/2021 and 26/08/2021). - 5.3 No comments received from neighbouring properties.

## ASSESSMENT

6.1 Whilst there is a presumption against development here set out in General Policy 3 and Environment Policy 1, Environment Policies 19, 20 and 21 make it clear that equestrian related development can be considered acceptable subject to certain conditions and ensuring that its style, design and finish of the building is appropriate for its use. The proposal here would not result in the loss of high quality agricultural land (zoned as Class 3) and could be argued not to be a large scale equestrian development as referred to in EP20.

6.2 EP 21 and Character Appraisal D10 are the most relevant in the determination of this application. This essentially indicates that no stable building will be allowed if it would be detrimental to the panoramic views or to the character and appearance of the countryside in terms of siting, design, size or finish. - 6.3 The adjacent stable recently approved under 21/00426/B sits alongside the road is clearly visible form the public highway, but its siting nearest the base of this undulating topography limits any distance views as its behind rolling hills or clustered amongst the trees and existing buildings at Ballacallin Beg when viewed from the upper parts of Foxdale Road nearest the junction with Clannagh Road. - 6.4 The site of this proposed stable is 104m back from the road and part way up the slope nearing the brow of the hill. While perhaps limited from public views along the main Garth road due to the existing roadside boundary treatment and its distance from the road (and also behind that stable approved under 21/00426/B if it's constructed), it's likely that distance views will be achievable from along the Foxdale Road and between the junctions with Clannagh Road and Garth Road as you descend into the dip, however minded that the building is to positioned in the lowest part of field 324068, nearest the bottom corner of established vegetated field boundaries coupled within the revised lower height levels of the building, additional screen planting and the remaining backdrop of the fields behind that the stable as proposed would not result in such a significant adverse impact on the visual quality of the landscape or to cause undue harm to the wider open fields and panoramic views characterised in D10. Comments by Local Commissioners - 6.5 The revised lower level building plans were formally circulated, and while no updated comments have been received from the Commissioners given that the proposal is now a reduced scheme compared with the original taller building to which the Commissioners confirmed 'no objection' dated 18/06/2021 and 23/07/2021, it is felt that it would be unreasonable to delay to determination of the current application for the lower level building any longer.

## CONCLUSION

7.1 Overall the size, scale and positioning of the barn will help reduce any significant visual impact from near or distant views and it would be seen in the most part against a back drop of other agriculture land. On balance it is considered that the proposal would have an acceptable impact meeting the tests of EP21 and D10. Conditions requiring the building's removal should it no longer be required is necessary, along with a condition requiring a landscaping plan and planting implementation period and a condition requiring the building to be finished in metal cladding in a dark green colour so as to sensitive to the wider rural landscape. 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

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 14.09.2021 Determining officer

Signed : A MORGAN Abigail Morgan 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 onlineservices/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/7547-marown-ballacalin-foxdale-road-garth-agricultural-building-provide/documents/933373*