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The application site represents the rectangular piece of land delineated in red and pink on the submitted Location Plan which spans part of Fields 324137, 324138 and 324137, Upper Garth, Garth Road, Crosby, Marown. The site is located on the northern side of Garth Road.
The application site is located within an area identified as being "white land" by the 1982 Development Order and as such represents the open countryside. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the assessment and determination of this application:
General Policy 3, which states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environmental Policy 19, which 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)."
Environmental Policy 20, which 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."
Upper Garth Farm has been the subject of previous planning applications however none of these are considered to be specifically relevant in the assessment of this application.
The Department of Transport Highways Division does not object to this application subject to a condition.
Marown Parish Commissioners do not object to this application but do raise some concerns relating to the siting of the proposed ménage and the proposed lighting.
The Manx Electricity Authority attaches a note relating to overhead power cables to any subsequent approval.
We have received no privately written representations in relation to this planning application.
This application seeks approval for the creation of a private riding ménage in the rectangular area delineated in red and pink on the submitted Location Plan. The ménage would be sited upon part of Fields 324139, 324138 and 324137 and would measure approximately 45 metres by 25 metres. The existing slope of the land would be levelled to accommodate the ménage and the submitted sectional drawings indicate that the cutting and filling required to level the site would entail excavation to a depth of approximately 1.5 metres. Conversely, an embankment of approximately 1.5 metres would be required to create the levelled area. A 1.5 metre post and rail fence would be erected around the perimeter of the ménage and it is proposed that the ménage would have two 3 metre lighting columns with flood-lights installed.
The principal issues to be considered in the assessment of this application are the principle of the development when appraised against the provisions of Environmental Policy 19 and 20, and the visual impact of the proposed ménage.
The site is not located within an area recognised as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order and as such it is considered that the presumption against development set out within Environmental Policy 20 would not apply in this case.
In terms of Environmental Policy 19, the proposed ménage would be situated a minimum of 25 metres from Garth Road which is bounded from the site by a sod hedge. It is considered that there would be a relatively low visual impact, with the creation of a 1.5 metre embankment to the south east of the proposal site being the most noticeable change as viewed from Garth Road. The proposal site does not represent high quality agricultural land (Classes 1 and 2) and as such the development would not result in a reduction of superior farm land. The Department of Transport Highways Division indicates no objection subject to the use of the proposed ménage being restricted to private use only.
The comments received from Marown Parish Commissioners are relevant and it is considered that the lighting of the ménage should be carefully controlled through a condition of planning in order to minimise light pollution within this rural area.
In conclusion it is considered that the proposed ménage is acceptable as it would comply with the policies set out within the Strategic Plan, particularly those specifically relating to this type of development. Therefore, subject to conditions, it is recommended that this application be approved.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways Division. Marown Parish Commissioners. Accordingly the following parties are not granted Interested Party Status: The Manx Electricity Authority.
Recommended Decision: Permitted
Date of Recommendation: 09.04.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 9 April 2008 08/00125/B
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the Location Plan and Plan 912.1 submitted and date stamped 23rd January 2008.
Prior to the commencement of the development, details of the lighting columns must be submitted for consideration and approval by the Planning Authority. The submitted details should include a light intensity diagram which indicates the spread of light which must be restricted to only the ménage area.
For the avoidance of doubt, the height of the columns must not exceed 3 metres as indicated on drawing number 912.1 .
The approved riding ménage may be used for private use only. No commercial use is inferred by this approval.
There are Underground Cables/Overhead Lines present in the area indicated in the Planning Application. Please contact the Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.
Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 \& GS6.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
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