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Application No.: 15/01158/B Applicant: Mrs Anne Dorothy King Proposal: Variation of condition three of approved equestrian centre (PA 09/02059/B) to enable the use of the equestrian centre independent of Ballakaneen House Site Address: Ballakaneen Equestrian Facility Andreas Road Andreas Isle Of Man IM7 4EN Case Officer : Mr Chris Balmer Photo Taken: 27.10.2015 Site Visit: 27.10.2015 Expected Decision Level: Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT AND DUE TO THE PLANNING HISTORY OF THE SITE
1.0 SITE - 1.1 The application site forms the curtilage of Ballakaneen Equestrian Facility, Andreas Road, Andreas which is located on the northern side of the Andreas Road and southeast of Andreas Village. The site accommodates a number of significant buildings all used for equestrian uses, and which were constructed a few years ago. The site is not open to the public and is/was operated by the owners of Ballakaneen House. - 1.2 For reference and background information, the site and Ballakaneen House was purchased by the applicant a few years ago and permission was granted for a large equestrian centre (dressage). This included a total of 22 acres of land and the following facilities which were all constructed: A total of seven buildings which vary in height, size and usage:-
2.0 PLANNING POLICIES - 2.1 The application site is within an area recognised as being an area of "Woodland Land and White Land", under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
2.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- - 2.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
(Housing Policies 7, 8, 9 and 10);
and interest; (Housing Policy 11);
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;
of necessary services;
forestry;
which there is no reasonable and acceptable alternative; and
2.4 Environment Policy 1 states: "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." - 2.5 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 (see Environment Policy 14 for interpretation of Class 1 and 2)." - 2.6 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." - 2.7 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 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."
3.0 PLANNING HISTORY - 3.1 There have been a number of previous planning applications associated with Ballakaneen House; however, only the following application is considered relevant in the assessment and determination of this application:- - 3.2 Erection of an equestrian facility and ancillary buildings - 09/02059/B - APPROVED which included the following condition:
"C 3. The equestrian centre and ancillary buildings may be used only for the keeping of horses and animals and related feed and equipment in association with the occupation of the principal dwelling Ballakaneen House."
4.1 This application seeks approval for the variation of condition three of approved equestrian centre (PA 09/02059/B) to enable the use of the equestrian centre independent of Ballakaneen House. - 5.0 REPRESENTATIONS
5.1 Department of Infrastructure Highways Services have no objection (received on 02.11.2015). 6.0 ASSESSMENT
6.1 The principal issues with this application is whether the separation of the main house from the substantial equestrian centre would result in conflicts, namely the equestrian use impacting upon the residential amenities of Ballakaneen House. A second issue is whether a dwelling is required to be onsite/close by, to operate the equestrian centre.
6.2 The applicant seeks to remove the wording "in association with the occupation of the principal dwelling Ballakaneen House", so essentially the equestrian centre can be operated separately from the main dwelling 'Ballakaneen House'. The applicant has indicated that; "There is no planning reason why the two need to be linked and their separation will not create any subsequent issues which would affect the open countryside or surrounding area in any way." The applicant also states; "The use of the premises will remain the same as in the current context, an equestrian centre, and therefore remains appropriate for this site." - 6.3 The proposed amendment to the condition will retain the existing use of the equestrian centre and the main house albeit the direct link between the two will be severed. This will enable the equestrian centre to be operated by person(s) other than the owner of Ballakaneen House. - 6.4 In terms of the potential impact upon the residential amenities of the occupants of the main dwelling, it is not considered the usage of the equestrian centre would have a significant impact. The reason for this view relates to the distance the dwelling is located to the equestrian area, especially the main yard area. Furthermore, the actual equestrian activities are not generally disruptive activities and the majority of the activities would take within the substantial buildings. The private access lane would be shared between the two sites; however, again the private equestrian usage is unlikely to create significant amount of traffic generation. If the site was used in a way which allowed members of the public using the site this may well be different. However, planning permission would be required to use the facility in this way, as even with the proposed variation of condition the equestrian centre would still only be allowed to be used in a private way. The applicants have confirmed that the equestrian would be used in a private manner, as is. - 6.5 The second issue to consider is whether the operation of the equestrian centre needs a dwelling associated with it and such dwelling being close by, to operate the centre successfully. When the application was originally submitted for the equestrian centre (09/02059/B), a staff dwelling (two units) was also proposed. Concern was raised by the Planning Directorate that this was contrary to establish planning policy which seeks to restrict new dwellings in the countryside. Also it was noted that accommodation was being provided in the main arena area building which could accommodate (4 bedrooms & lounge/staff room) persons to provide 24hr monitoring/security etc. Lastly it was noted that Andreas Village was within a minute's drive of the site and therefore any persons who need to live close to the site, could do so via an existing property in the village/area. Due to these points, the applicant withdrew the proposed dwelling and the overall equestrian application was approved without a new dwelling being provided and the centre has operated without.
6.6 This issue has been put to the applicant as well, asking if a dwelling is required to be associated with the equestrian centre. They have provided the following response: "…the site can be operated without the need for a permanent dwelling. As you state there is existing accommodation for security etc but a permanent dwelling is not necessary. There are sufficient properties within close proximity to the site to enable the centre to be operated and maintained without the need for permanent residency." - 6.7 It should be made clear with this application as well that if this current application is approved, it has been done with the acceptance of all parties, that there is not a need or a requirement for Ballakaneen House or any other dwelling on or close to the site to operate equestrian centre successfully, given the reason indicated within paragraph 6.5 and 6.6 of this report. Therefore, any person/s potentially considering purchasing the equestrian centre should be aware that this is a strong presumption against any new dwellings within the countryside and that there are no exceptions within planning policy to allow new dwellings on the basis of equestrian requirements.
7.1 Overall, for the reasons given it is recommended that the application be approved. 8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation:
23.11.2015
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: The building has been exceptionally approved solely to meet the equestrian need. Furthermore, the application has been considered as being for private use only.
Reason: the accommodation has been considered acceptable as it would provide essential accommodation for staff of the equestrian centre or associated workers to be on site 24hrs a day to monitor the horses.
-----------------------------------------------------------------------------------------------------------This approval relates to drawings reference numbers SC1168/P/05/10-01, SC1168/ P/05/10-02,
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Signed :…………C BALMER………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphin the Officer’s report).
Signatoryto delete as appropriate YES/NO
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