Planning Officer Report Recommendations

Officer's Report

Application No.:	13/00265/B
Applicant:	Jeanette Weatherall
Proposal:	Erection of stable
Site Address:	Halcyon Days Main Road Ballaugh Isle Of Man IM7 5EX
Case Officer:	Miss Melissa McKnight
Photo Taken:	20.03.2013
Site Visit:	20.03.2013
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises the curtilage of Halcyon Days, a two storey traditional detached property with rear extensions sited on the northern side of the A3 Rheynn Cullen, Ballaugh.
2. The application site dwelling is built directly onto the adjoining footpath and highway and has a large rear private garden that is only partially visible from a main public thoroughfare.

The Proposal

1. The planning application seeks the approval for the erection of a stable block within an existing enclosed garden area to be used as a paddock.
2. The stable block consisting of two stables have been erected against an existing rear garden in the south western part of an existing enclosed garden area within the rear of the main dwellinghouse. The stable has a length of just less than 9 metres and a depth of just less than 4 metres. The stable has a lean to roof with a maximum height of just less than 3.5 metres. The stable is finished in timber cladding with the roof constructed of onduline profile sheeting finished in black. The existing enclosed garden area would be used as a paddock.

Planning History

1. The application site has been the subject of eight previous planning applications, all of which are considered specifically relevant to the assessment of this current planning application:

PA 12/01615/B: Erection of a stable. This previous planning application proposed the erection of a block render abutting the south elevation wall of the enclosed garden area with additional fencing and gated access to the adjoining field. This previous planning application was permitted.

PA 09/00793/R: Additional use of conservatory for serving cream teas. This previous planning application was permitted.

PA 97/01523/B: Alterations and extensions to dwelling with new driveway and vehicular access, Halcyon Days, Main Road, Ballaugh. This previous planning application was refused.

PA 99/01358/B: Erection of boundary wall with new vehicular access and driveway, Halcyon Days, Main Road, Ballaugh. This previous planning application was permitted.

PA 96/00791/B: Erection of a farmworker's dwelling with garage, part field 979, Brough Jairg Beg Farm, Ballaugh. This previous planning application was permitted.

PA 95/01248/B: Erection of two semi-detached agricultural dwellings part field 979, Brough Jairg Farms, Ballaugh. This previous planning application was refused.

PA 91/00979/B: Construction of two semi-detached agricultural dwellings, Part Field 979, Brough Jairg Beg Farm, Ballaugh. This previous planning application was permitted

PA 91/00958/A: Approval in principle for erection of farm dwelling and agricultural building, Lower Bishopscourt, Ballaugh. This previous planning application was refused.

PLANNING POLICY

1. The application site is not designated for any site specific purpose but is in an area designated as an Area of High Landscape or Coastal Value and Scenic Significance under the Isle of Man Development Plan Order 1982.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

Environment Policy 2 which states:

"The present system of landscape classification of Areas of High Landscape of 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 difference 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."

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."

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."

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."

Representations

1. Ballaugh Parish Commissioners have no objection to the current planning application.
2. The Department of Infrastructure (DOI) Highways Division does not oppose the current planning application.

Assessment

1. Given the nature of the planning application and the nature of development proposed, it is imperative to assess the impacts of the proposed development on the visual amenities of the surrounding area and the character of the surrounding area.

Environment Policy 19

1. The application site benefits from a substantial level of screening from the highway and the proposed development would only be partially visible from the entrance to Halcyon Days given the new siting of the timber stable block. It is likely that partial views of the proposed stable would be visible for one heading west along the Rheynn Cullyn, however with the trees in full bloom it is unlikely that the stable would be visible. The scale and form of development proposed along with the materials to be used is relatively modest and the impact on visual amenities is considered to be minimal and the proposed development is sought to be off an appropriate form.
2. The application site is sited in an area of Class 3 Agriculture land use and thus the stable block would not result in the loss of high class agricultural land.
3. The stable block is to be used for private use and not commercially; thus there will be no over intensive use of journeys to and from the site.

Environment Policy 21

1. Given the new position of the proposed stable block and the relatively low height of the development, it is considered that there will be no adverse impact on the character and appearance of the countryside. As previously mentioned the proposed development will only be partially visible from sections of the Rheynn Cullyn heading westbound. When the belt of trees of the boundary treatment is in full bloom, it is very unlikely that the proposed stables will be seen from the public thoroughfare.
2. The nearest property to the application site is Thornhill which is sited 135 metres west of the application site. It is considered that given the level and scale of development proposed and distance from the adjacent property, the proposal would have a minimal, if any, impact upon the residential amenity of the local residents of Thornhill.

1. The positioning of the stable block within an existing garden area to be used as a paddock area is considered a more acceptable location for the stable and does not compromise any private amenity space for the residents of the main dwellinghouse. The stable block would not be isolated and is relatively close to the existing dwelling and makes good use of an existing area to be used as a paddock. The current adjacent field would have two new entrances from the dwelling house to provide suitable access for the horses onto the field which have been approved under PA 12/01615/B.
2. The development is considered appropriate in terms of the materials to be used in the construction are considered to be more of an acceptable finish than the previously proposed block render stable block. It is clear from the submitted drawings and photographs submitted by the applicant that the design, finish and location of the stables are more sympathetic to its setting.

Recommendation

1. Overall it is concluded that the planning application is in accordance with Paragraph 7.15.1, Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2007.
2. It is recommended that the planning application be permitted.

Party Status

1. The local authority, Ballaugh Parish Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
2. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

Recommendation

Recommended Decision: Permitted

Date of 09.04.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 2. This approval for the erection of a timber stable block relates to Dwg. No. JW130201PA01/01 date stamped 4th March 2013.

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

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 : Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control

Signed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Development Control Manager

PA13/00265/B Jeanette Weatherall Erection of stable, Halcyon Days Main Road Ballaugh Isle Of Man IM7 5EX Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 08.03.2013, includes;

Dev Control Polygons: Reference Number: 95/01248/B Status: Refused on Review Proposal: Erection of two semi-detached agricultural dwellings part field 979, Brough Jairg Farms, Ballaugh. Reference Number: 06/00478/B Status: Permitted Proposal: Door and window alterations Reference Number: 91/00958/A Status: Refused on Review Proposal: Approval in principle for erection of farm dwelling and agricultural building, Lower Bishopscourt, Ballaugh. Reference Number: 91/00979/B Status: Permitted Proposal: Construction of two semi-detached agricultural dwellings, Part Field 979, Brough Jairg Beg Farm, Ballaugh. Reference Number: 12/01615/B Status: Permitted Proposal: Erection of a stable Reference Number: 09/00793/R Status: Permitted Proposal: Additional use of conservatory for serving cream teas Reference Number: 89/00254/B Status: Refused Proposal: Erection of conservatory, Brough Jairg Cottage, Ballaugh, Reference Number: 99/01358/B Status: Permitted Proposal: Erection of boundary wall with new vehicular access and driveway, Halcyon Days, Main Road, Ballaugh. Reference Number: 10/01639/B Status: Permitted Proposal: Alterations and extensions to dwelling Reference Number: 89/00948/B Status: Permitted Proposal: Extension of sun porch, Brough Jairg Cottage, Ballaugh. Reference Number: 96/00791/B Status: Permitted Proposal: Erection of a farmworkers dwelling with garage, part field 979, Brough Jairg Beg Farm, Ballaugh. Reference Number: 97/01523/B Status: Split decision at review

Proposal: Alterations and extensions to dwelling with new driveway and vehicular access, Halcyon Days, Main Road, Ballaugh.

BC Case Polygon: Reference Number: 11/07574/DEX BC Case Status: Building Work Started Proposal: '*Proposed alterations and two storey extension to provide additional sun lounge and bedroom accommodation Reference Number: 06/07183/DOM BC Case Status: Building Work Started Proposal: External alterations and drainage works Reference Number: 97/07523/DEX BC Case Status: Building Work Started Proposal: Alterations and extensions PLanning Enforce: Reference: 09/00135/COMP Status: Case Closed Nature of Enforcement: Suspected opening of farm shop/ café without planning permission, Inadequate entry/exit point, Recently erected external walls higher than the permitted development of 1 metre