Officer Planning Report

Case Officer: Mr Steve Stanley Photo Taken: 13.09.2012 Site Visit: 13.09.2012 Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission to demolish an existing outbuilding and erect stables with a store. It is also proposed to create a manege. The site is within the Parish of Andreas.

The Site

1. The application site is the curtilage of Ballawhane Farm, Leodest Road, Andreas. The farm holding is set to the south west of Leodest Road and is accessed via a track which leads from the highway and runs to the north west of the residential properties of Ballawhane and Whane Lea. The access track is bounded by bands of tree planting on either side.

1. The site has within it a house, two modern agricultural buildings and a historic single storey farm building (which is the subject of this application). To the north of this cluster of buildings is a large field which extends to the A10. It has two paddocks within it which are fenced. These are in the southern corner of the field accessed from the cluster of outbuildings. It is the southern-most of these paddocks that is the subject of this application. The fields are visible at a distance from the A10 although a substantial sod bank with gorse and hawthorn results in views being intermittent. The group of buildings is shielded from view by a line of mature trees although when not in leaf the buildings would be more clearly seen albeit at a significant distance.

The Proposal

1. This application seeks approval for the demolition of the existing stone outbuilding and the erection of a building to provide stables and a hay store. Also proposed is the creation of an external horse riding arena.

1. The stable building would be single storey and would be of a similar size to the existing outbuilding. The building would be constructed from block work walls with corrugated walls.

1. The external riding arena would 40 metres by 20 metres with fencing running around its perimeter. No lighting is proposed as part of this application.

Development Plan Policies

Application No.:	12/00871/B
Applicant:	Dalmation Ltd
Proposal:	Demolition of existing outbuilding and erection of stables with store and formation of manege in the corner of Field 120316
Site Address:	Ballawhane Farm
Leodest Road
Andreas
Isle Of Man
IM7 3EG

1. The site is within an area that is recognised as being of High Landscape or Coastal Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982.

1. Within the Isle of Man Strategic Plan, the following are judged to be relevant:

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 overriding 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 or 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 different 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."

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)."

"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."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal:

08/01116/B - Removal of stores and pig styes and alteration of outbuilding to form private kennels for use in conjunction with the main dwelling. Permitted. This related to a different outbuilding.

03/01156/B - Creation of a sand arena for horse training with post and rail fencing. Permitted. This related to a different part of the land in question which would seem to have now been sold.

Representations

1. The Highways Division of the Department of Infrastructure does not object to this application. They make the comment that the development must be for private use only and if commercial use were to be proposed, the entrance/lane may need to be improved. The applicant's agent has confirmed that the development is for private use only and a condition could be attached to control this.

1. Andreas Parish Commissioners do not object to this application.

1. The Isle of Man Natural History and Antiquarian Society has commented on this application stating that the building proposed to be demolished should be recorded. It is noted that it may not be practical to retain the building. A request is made for a condition to be attached to any approval requiring full recording and publication of the building by or on behalf of Manx National Heritage. This issue has been raised with MNH which has confirmed that it does not require such a condition but has liaised with the applicant's agent to discuss obtaining plans of the building.

Assessment

1. The key issues to be assessed in the determination of this application are the impact of the development upon the character and appearance of the surrounding area and the loss of the existing building.

1. Paragraph 7.15.1 of the Strategic Plan sets out that equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. It is acknowledged that 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. It is set out that 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 the Plan. Where new buildings are

necessary, it is required that they are sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose.

1. The proposed building is of equivalent size and mass of the existing building. It would be set immediately adjacent to a modern portal framed building which is considerably larger. It is judged that the design of the building is acceptable and suits the purpose for which it is intended to be used. It is noted that the construction of the building would be from block work however the drawings show that this would be single skin and the applicant's agent has confirmed that cavity wall construction will not be used. A condition is recommended to this effect in the event that the application is approved.

1. The proposed manege is effectively an external surface used for the purpose of horse riding. The impacts associated with such a development are generally low due to the fact that the represent ground level development. In this case some levelling is required however this is not judged to be excessive and would not cause unacceptable visual impact. Fencing would be formed around the arena. This in itself would not require permission however it forms part of the development and should be assessed accordingly. The fencing would be post and rail and would be seen as part of a wider agricultural landscape of which such fencing is a feature. It is judged that the development as a whole would not cause harm to the character of the landscape so as to justify refusal.

1. The building that currently sits on the site is of some historic interest mainly due to its age. The application is accompanied by a structural survey which concludes that the building was originally "poorly constructed" and is "in a very dilapidated and unsafe condition". It is also noted that the rear buttresses encroach onto land outside of the applicant's ownership. The structural report recommends that the replacement building be sited so as to remove this issue and the proposed plans show this. Manx National Heritage has been contacted and advice sought on whether a photographic record of the existing building would be an acceptable way forward. MNH has responded to confirm that it does not require a survey to be undertaken but has liaised with the applicant's agent to obtain copies of the submitted survey drawings.

Recommendation

1. Permit.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. It is considered that the following parties, who submitted comments, do not accord with the requirements of Planning Circular 1/06 and are therefore not recommended to be afforded Interested Party Status:

The Isle of Man Natural History and Antiquarian Society

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 13.09.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the demolition of existing outbuilding and erection of stables with store and formation of manege in the corner of Field 120316, Ballawhane Farm, Leodest Road, Andreas as shown by 12/2367/01, 12/2367/02, 12/2367/03, 12/2367/04, Survey-01 and Structural Report all received 15th June 2012. 08/2226/04

C 3. The approved building may be used only for equestrian purposes, that is the keeping of horses and the storage of equipment associated with that use.

C 4. For the avoidance of doubt, the walls of the approved building must be constructed from single block work. Cavity wall construction is not permitted.

C 5. No permission is granted or implied for any illumination of the external arena.

C 6. The development hereby approved must be used only private use and must not be used in any commercial manner.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 19.9.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher

Signed : _________________________ Jennifer Chance

Director of Planning and Building Control Development Control Manager

Director of Planning and Building Control Development Control Manager

19 September 2012

19 September 2012