Officer Report

Application No.: 24/91347/B Applicant: Mr Paul Carey Proposal: Erection of proposed detached Stables Building. Site Address: Ballaslig Ballacorey Road Andreas Isle Of Man IM7 4EL Planning Officer: Russell Williams Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 11.02.2025 _________________________________________________________________

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. The development hereby permitted shall be finished in materials as approved on Dr No. 23 1780ST-04 and shall be retained as such unless otherwise approved in writing by the Department. Reason: To ensure the development has a satisfactory visual appearance in the countryside.
• C 3. No external lighting may be installed without the prior consent of the Department in writing. Reason: To prevent light pollution and impact on wildlife.
• C 4. In the event that the stable building hereby approved is no longer used or required the building and all associated hardstanding areas shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.

Reason: The countryside is protected from development and an exception is being made on the basis.

• C 5. The stables shall be for private equestrian use only and not for any commercial or private livery use.

Reason: In view of the location of the site in the open countryside; the Department does not consider the site suitable for anything other than private use.

This application has been recommended for approval for the following reason.

The proposed development will not give rise to any detrimental impact upon the character or appearance of the landscape virtue of its limited scale, inconspicuous siting and finished appearance. The proposal are therefore considered to be acceptable and comply with General Policy 2 and Environment Policies 1 and 21 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the following drawings and documents received on 28 November 2024:

• 23 1780ST - 01 Location Plans
• 23 1780ST - 02 Proposed Plans
• 23 1780ST - 03 Site Plan
• 23 1780ST - 04 3D Visuals _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site is located within the wider holding associated with Ballasleig Croft. The holding is approximately 11 acres which is located on the northern side of the Ballacorey Road (C15) which links the Bride Coast Road (A10) with the Andreas Road (A9). - 1.2 The application site is located to the southwest of the dwellinghouse and is an area of unused and overgrown scrub and existing hardstanding with various items of agricultural/equine paraphernalia stored in the open. - 1.3 To the southern side of the application site is a hedgerow and trees. The site opens onto paddocks to the north and is accessed via an existing track.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a new stable building. - 2.2 The stable is to have a footprint of 11.4m by 3.95m with an overhanging canopy which projects a further 1.35m to the front. - 2.3 The stable is to accommodate two stalls and a central tack room/third stall - all with stable doors to the front (north) and a small window at the rear. - 2.4 The building will be constructed in timber and have a sheeted or shingle roof. Surface water will be channelled to the existing ponds within the site, close to the proposed building.

3.0 PLANNING POLICY - 3.1 The site lies within an area not designated for any particular purpose under the Isle of Man Planning Scheme (Development Plan) Order 1982. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone.

3.2 General Policy 2 of the Strategic Plan is considered applicable, which states:

"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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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 unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

3.3 General Policy 3 states: Development will not be permitted outside of those areas whichare 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.

3.4 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 thesettlements defined in Appendix 3 at A.3.6 or which is not designated for future developmenton an Area Plan. Development which would adversely affect the countryside will not bepermitted unless there is an overriding national need in land use planning terms whichoutweighs the requirement to protect these areas and for which there is no reasonable andacceptable alternative."

3.5 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." - 3.6 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)." - 3.7 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, cavitywall construction should not be used."

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 None

5.0 PLANNING HISTORY - 5.1 No relevant planning history

- 6.0 REPRESENTATIONS

6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Andreas Commissioners - No comments received.

DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the existing access is acceptable for the proposals.

6.2 No representations have been received from members of the public.

- 7.0 ASSESSMENT

7.1 The key considerations in the assessment of this planning application are the principle of development and impact on the countryside. - 7.2 The application seeks permission for the construction of a modest stable building on land adjacent to existing paddocks. The site is located in the countryside where General Policy - 3 restricts new development and the proposals are not permitted by GP3. Notwithstanding, Environment Policies 19 and 21 support equestrian development in the countryside subject to meeting various criteria and, therefore, the principle of acceptable subject to compliance with relevant environmental protection policies.

7.3 The stable building is constructed from timber and sheet roofing and is not a more "permanent" construction such as cavity walls and tiled roof. It therefore has less permanence and could be removed with relative ease. This form of construction complies with Environment Policy 21. - 7.4 The site is well screened and occupies an inconspicuous position within the landscape, meaning that the building, with its limited height, will not be readily seen from any publicly

• accessible vantage points. The site is well related to other built form in the immediate setting, including the existing dwellinghouse and outbuildings at Ballaslig. It does not, therefore, form an isolated new building in the landscape. The new building will be partially screened by adjacent hedgerow and tree planting which will further limit the visual impact of the development. The finished appearance of the stable building is typical of small stable blocks in the countryside and is acceptable, being similar to many comparable stable buildings that can be seen across the island. Having regard to these considerations, the visual and landscape impact of the proposals comply with Environment Policies 19 and 21.
• 7.5 The proposals are for personal use only and will not result in a livery use or similar that might result in additional vehicle movements over the local highway network. The proposals comply with Environment Policy 19 in this regard.
• 7.6 The application site is on land annotated as Class 2 on the Agricultural Land Use Capability Map. Environment Policy 14 states that "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." Environment Policy 19 also states that new equestrian buildings will only be permitted where there is no loss of high quality agricultural land.
• 7.7 The proposals are for a small scale stable building that will encroach very marginally into the adjoining field, resulting in only minor loss of Class 2 land. This loss can be restricted to a temporary and not permanent loss by requiring the removal of the stable building and associate hardstanding when its use becomes redundant, such that there will not be a permanent loss of Class 2 land, which would otherwise conflict with EP14 and EP19.
• 7.8 Overall the impacts of the proposed stable building are very limited and the principle is acceptable. The proposed impact upon Class 2 agricultural land can be limited to a temporary one by condition and this will ensure that there is no permanent loss of high quality agricultural land. In any event, the loss of high quality agricultural land is very minimal in this instance and will not impact adversely upon either the natural environment or farming productivity on the island to a point whereby permission should be refused.
• 7.9 Having regard to the above matters, it is considered that the proposals comply with Environment Policies 14, 19 and 21 and will not give rise to any significant adverse impacts upon the character or appearance of the landscape, highway network or cause an unacceptable loss of high quality agricultural land.

- 8.0 CONCLUSION

8.1 The proposed development will not give rise to any detrimental impact upon the character or appearance of the landscape virtue of its limited scale, inconspicuous siting and finished appearance. The proposal are therefore considered to be acceptable and comply with General Policy 2 and Environment Policies 1 and 21 of the Strategic Plan. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o Applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 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 the Right to Appeal.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 17.03.2025 Signed : Presenting Officer

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