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Applicant: Mr Michael & Mrs Carly Stratton Proposal Erection of new stable block with associated access, fencing and landscaping Site Address Field No. 331996 To The Rear Of Ballahutchin Beg Main Road Dalby IM5 3BR Case Officer : Miss Lucy Kinrade Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 26.01.2022
C : Conditions for approval N : Notes attached to conditions
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.
Reason: The access to the highway is not sufficient to accommodate the traffic that may be generated by commercial use.
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.
whichever is the sooner. Any trees, plants or banks which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
This application has been recommended for approval for the following reason. Subject to a number of conditions relating to landscaping, access, use, material finish and the buildings removal in the even it is no longer needed, the application is considered to have an acceptable principle, visual impact, amenity impact and highway safety impact so as to comply with Environment Policies 1, 2, 19, 20 and 21 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to Planning Statement and drawing numbers P-01, P-02 and P-03 all received 6th October 2021, and further agent response by email dated 18th November 2021.
_______________________________________________________________ Interested Person Status – Additional Persons None
________________________________________________________________ Officer’s Report
THE APPLICATION IS BEFORE THE COMMITTEE AS THE RECOMMENDATION TO APPROVE MAY BE CONSIDERED CONTRARY TO VIEWS RECEIVED FROM THE LOCAL COMMISSIONERS.
1.1 The application site forms part of field 331996 located directly behind the dwellings and St James Chapelry on the western side of A27 Dalby Road. - 1.2 The site forms part of a much larger 16 acre landholding stretching down towards the Niarbyl coastline. The applicant also owns Ballahutchin Beg and its Manx stone outbuilding which is the nearest dwelling sitting along the road. Between the dwelling and barn is the gate access to the fields. THE PROPOSAL
2.1 Proposed is the erection of a low roof level, 'U' shaped stable block. The building is to measure approx. 24m along its longest edge and 9m on the southern side and 13m on the northern side. The depth of the 'U' shaped building is 3.6m wide and is to sit on a concrete base @ 63.0 above datum and providing a central horse yard area. - 2.2 The stable is to measure 2.4m to eaves and 3.1m to central ridge. There is to be a roof overhang within the internal courtyard area. Internally there is to be 4 horse stables, 2 pony stables, a tack room, hay room and wash room.
2.4 Access to the stables is to be via the access between the dwelling and barn. This access was approved as part of 21/00256/B for alterations and widening. The current stable application duplicates the same access works as part of this proposal. - 2.5 Additional planting and hedge screening is proposed around the building and reenforcing the existing hedging nearest the church and stone barn.
3.1 The Manx stone barn and access works were recently approved under 21/00256/B, the access works were also conditioned so as to ensure that they were undertaking prior to any other works starting on site. The only other application for the site relates to the main dwelling where in 2014 it was approved for an extension and decking although not considered relevant in this case. PLANNING POLICY - 4.1 The site is not designated not for any particular use or purpose on the 1982 Development Plan but is recognised as being an Area of High Landscape Value and Scenic Significance. The site is not within a Conservation Area nor is it recognised as being at any risk of flood.
4.2 There is a general presumption against any kind of development across the countryside and in AHLV as outlined in established policies within the IOM Strategic Plan 2016 (Environment Policies 1 and 2, and General Policy 3), however the same plan also contains a number of paragraphs and policies that specifically relate to and offer support to the development of new equestrian-related development (Paragraph 7.15.1 and Environment Policies 19, 20 and 21) so long as they do not result in the loss of any high quality agricultural land, harm highway safety or by reason of their design detriment the character, appearance and quality of the countryside. These policies also state that cavity wall construction should not be used and that there will be a presumption against large scale equestrian development including new buildings and external arena's in AHLV unless there are exceptional circumstances. - 4.3 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 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."
4.4 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:
4.5 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
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Patrick Commissioners - Object (12/11/2021) - the commissioners state the building is unacceptable being in or close to an AHLV, and that the IOM Strategic Plan states a presumption against large scale equestrian development in the open countryside and would appear much larger than what would appear necessary from the Planning Statement.
5.2 DOI Highway Services - Do not Oppose (20/10/2021) - access to the proposed stable will be via the access approved under 21/00256/B. This will have suitable access and egress and adequate visibility splays. The field gates are set back from the edge of the highway and the access is suitable for shared use with the dwelling. The use of the access for the proposal will not remove any of the dwellings parking spaces and there is turning and passing places towards the rear. There is tarmac proposed at the road access and sufficient hardstanding nearest the stable for parking and turning of vehicles. - 5.3 DEFA Ecosystems Policy Officer - Do not oppose subject to condition (29/10/2021) content with proposed plans including planting scheme, so long as a condition is added to ensure the landscaping is undertaken in accordance with the detailed on the Site Plan and Proposed Plans and Elevations (DWG P-01). It is also recommended that vegetation removal to facilitate the new access is undertaken outside of bird nesting season, or if this is not possible that thorough bird checks should be made minded of the Wildlife Act 1990 which makes it an offence to cause harm to nesting and breeding birds.
5.3 The agent for the application provided a response (18/11/2021) to the objections made by the Commissioners, these are online in full and summarised as follows:
6.1 It is considered that the key issues in the assessment of the application are the visual impacts of development on the character and appearance of the countryside and AHLV, whether there are any amenity impacts on the neighbours and the proposals effect on highway safety. Visual Impact on Countryside and AHLV
6.2 Environment Policies 1 and 2 makes it clear that the countryside should be protected for its own sake and that in AHLVs the protection of the landscape's character should be the most important consideration. 22. The building would not be prominent when travelling along the main road given its reasonable size, height, layout and its siting and position behind the existing development lining the road edge. Upper parts of the building may be visible in fleeting or between gaps, but the buildings low level design and green coloured external roof finish coupled with existing and proposed landscaping planting and hedging will help it to merge and assimilate into the landscape.
6.3 Environment Policy 20 indicates a presumption against large-scale equestrian developments in AHLVs unless there are exceptional circumstances to override such a policy. The Commissioners raise concern in this respect. However, "large-scale" is not defined. In this particular case, the proposal is for a single stable building and its siting in close proximity to the existing buildings along the main road, its low level design, green roof finish and timber cladding and its existing and proposed landscaping works all amount to a circumstance in this specific case which is considered to be exceptionable so as to not result in any adverse visual impacts on the AHLV. The development would not be harmful to the character and quality of the AHLV, in accordance with Environment Policy 2. Amenity Impacts - 6.4 The submission indicates that the field is already used for grazing by the applicant's family horses and the proposed stable shelter is to be conducive to that. The nearest two properties are owned by the applicant and their family and thus it is not expected that the proposal will result in any unacceptable amenity harm given this situation. Beyond these two properties are a church and other residential properties however the distances between these and the proposed stable will limit any amenity impacts to an acceptable level so as to not harm any general living conditions or day-to-day operations. Highway Safety - 6.5 There is an existing vehicular access serving the dwellings and field which was approved under PA 21/00256/B. The current application duplicates these access improvement works with the access being 5m wide and improved visibility splays in either direction along the main road.
The gates are set back and open inwards allowing vehicles to pull off the road and being of suitable design to accommodate the shared use between the main house and stables. The proposal is for private use only and a suitably worded condition should be added in this respect. The proposal is not expected to result in any new, increased or adverse highway safety impacts and is therefore considered acceptable.
7.1 There is a presumption against development here set out in General Policy 3 and Environment Policies 1 and 2, however 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 and does not harm any AHLV.
7.2 The proposal in this case would not result in the loss of high quality agricultural land (zoned as Class 3/2) and could be argued not to be a large scale equestrian development as referred to in EP20. Nevertheless the overall the size, scale and positioning of the stable in proximity to and behind existing building is considered exceptional enough so out to outweigh EP 20 and the proposal is not considered to have an acceptable visual impact so as to not adversely harm the character and appearance of the AHLV or wider countryside.
7.3 It is considered that the proposal would meet with the tests of Environment Policies 1, 2, 19, 20 and 21.
7.4 Suitably worded conditions shall be added to the application covering the need for landscaping and highway access works being carried out in accordance with the detailed drawings, the stable roof being finished in dark green, the building's removal should it no longer be required and control of its use for private only and no commercial use. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 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 Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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.
Decision Made : …Permitted……….... Committee Meeting Date:…02.02.2022
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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 online services/customers and archive records.
Application No. : 21/01170/B Applicant : Mr Michael & Mrs Carly Stratton Proposal : Erection of new stable block with associated access, fencing and landscaping Site Address : Field No. 331996 To The Rear Of Ballahutchin Beg Main Road Dalby IM5 3BR
Planning Officer : Miss Lucy Kinrade Presenting Officer As above
Addendum to the Officer’s Report
The Committee Chair requested that the wording of C3 be altered to reflect the equestrian use and equestrian animals of the site and not agricultural animals.
Members asked whether there was to be any external lighting at the site and the officer confirmed that there was no lighting included within the submission. For the avoidance of doubt the members requested a condition be added stating no external lighting in order to best protect the dark skies site. But after query from the applicant she stated that some lighting would be needed during darker winter months and/or to ensure a safe and suitably illuminated working environment in any event that she, a vet or farrier were needed for any emergency visits during nighttime hours. It was agreed that a condition be suitably worded so to prevent any external lighting unless it was specifically agreed and approved as part of a full detailed lighting scheme.
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