From: Laird, Hamish Sent: 13 September 2024 15:52 To: DEFA, Planning; CO, Planning Appeals Subject: Appeal for Ref: 24/00683/B (AP24/0044) at Field 624110, Ballagilley Farm,
Gooseneck Road, Hibernia, Ramsey, Isle Of Man, IM7 1EP
Attachments: 2400683B DEC Decision notice.pdf; 2400683B DEC Officer report.pdf; 24.00683.B AERIAL PHOTOGRAPH OF THE SITE.docx; 24.00683.B - List of suggested conditions.docx
Dear Andrew and Andy, I write with reference to the following appeal:
Ref: 24/00683/B Applicant: Mr and Mrs Brian Byers Proposal: Appeal against the refusal of planning approval for the erection of
Equestrian Building Address: Site at Field 624110, Ballagilley Farm, Gooseneck Road, Hibernia, Ramsey, Isle Of Man, IM7 1EP
Please find attached copies of my statement which comprises four parts:
1. A copy of the Officer’s report, (which is our planning statement) including assessment of the proposal and recommendation that the application be Refused, which was considered and accepted by the acting Head of Development Management and the application was Refused.
2. A copy of the decision notice for this planning application;
3. An aerial photograph of the site, and
4. A set of conditions in the event that the appointed Planning Inspector is minded to recommend that the application be approved.
Please let me know if there is anything else that you may require. Yours sincerely,
Hamish Laird MRTPI Principal Planning Officer Planning and Building Control Directorate Department of Environment, Food and Agriculture (DEFA) Isle of Man Government
PLANNING OFFICER REPORT AND RECOMMENDATION Application No. : 24/00683/B Applicant : Mr & Mrs Brian Byers Proposal : Erection of equestrian building Site Address : Field 624110 Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man IM7 1EP Planning Officer: Hamish Laird Photo Taken : 30.07.2024 Site Visit : 30.07.2024 Expected Decision Level : Recommendation Recommended Decision: Refused Date of Recommendation: 15.08.2024 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons
R 1. The size and scale of the proposed equestrian building in this upland location would result in an overly large structure being sited in a visually sensitive, upland landscape setting, which would be visible from a wide area surrounding the site, particularly from the eastern slopes and summit of North Berrule; the A2 main road running past the site to the east; and, from the higher ground to the north, and to the east at Maughold which is located close to the coast, and affords a more distant view of the site and proposed development. This would result in an unacceptable degree of visual harm the character of the site and its surroundings. Overall, the proposal fails to comply with the provisions of General Policy 2 b), c) and g); Environment Policy 1; and, Environment Policy 20 in the Isle of Man Strategic Plan 2016; and, the Landscape Strategy as outlined in the Isle of Man Landscape Character Assessment (2008), where the site is recognised as being within the A1 - NORTHERN UPLANDS Landscape Character Area.
_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The application site comprises part of a field located to the rear of an existing equestrian building at Ballagilley Farm, located off Rhowin Road/Gooseneck Road, which is situated to the north of Hibernia (on the A2). The site is located to the north west of a group of buildings associated with the farm site. An equestrian business is also operated from the site. The site is accessed from a dedicated track located towards the SE corner of the site. It has electrically operated automatic gates. THE PROPOSAL
2.1 The proposal is for the erection of an equestrian building at Field 624110, Ballagilley Farm. The proposed structure would be sited to the east and north of the existing complex of farm/equestrian buildings. The proposal involves stripping an area of land measuring approx. 75.0m deep x 40.0m wide via a cut and fill method to provide a level surface on which the equestrian building would be sited. The building would measure 66.0m long x 30.0m wide (1,980m2 in floor area) x 4.5m high to the eaves and 8.69m high to the ridge. It would be constructed using a steel frame with walls of tanalised castle boarding on 125mm x 175mm timber cladding rails under a pitched roof of Profile 6 reinforced fibre cement sheets, colour Juniper Green. Its roof would have 44 No. rooflights in 11 groups of 4 rooflights on each of the roof slopes (88 rooflights in total). The building would be served by 2 No. pairs of timber clad sliding doors, 1 in the west side elevation and 1 in the south end elevation. A pedestrian access door would be sited in each of the side elevations. In addition, 'galebreaker' roller screens would be inserted in the side elevations these (7 on the west elevation) and 9 on the east elevation would provide light and air into the building in favourable weather conditions.
2.2 The cut and fill method of levelling the land on which the building would be sited would result in the west elevation being set down on site by approx. 1.0m; whilst the east elevation would be raised above existing ground level by between approx. 1.5m and 2.5m above adjoining ground level.
2.3 The previously approved external exercise area/arena and amended access were part of the previous PA 18/01020/B application and the permission has been otherwise been implemented, as the access had been constructed at the time of visiting the Case Officer's site visit in April, 2019, when considering the PA 18/01020/B proposals.
2.4 The application is supported by completed application forms; a Covering letter and plan list; a Planning statement in 2 Parts; 2 No. Drawings indicating the areas of cut and fill to accommodate the building on the site; A Location Plan; and, Proposed Plans and Elevations. The Planning Statement advises that the building would be set within the general; cluster of agriculturally styled buildings comprising an existing equestrian building and horse riding manege, and would sited tight against an existing sod hedge boundary running through the land which represents the most level part of the site. The new building would form an extended part of the existing equestrian facilities on the site. ….
… The equestrian building was approved under PA18/01020/B and is fully utilised for equestrian purposes. It is surrounded by hard surfaced parking areas and the building, having large double doors in each gable end, is also utilised for off-road parking for the horsebox and the applicants other vehicles. As well as the equestrian building a 40m x 20m horse manage was approved and constructed as part of the equestrian development and this facility enables the riding and schooling of horses but is an open outdoor facility....
....The cut and fill nature of the proposal will also provide a natural slope progression down the site following the contours of the existing fields and helping keep any perceived visual impact to a minimum...
.... The scheme would provide improved spaces for jumping together with the fact that it could be used constantly throughout the year.
The Planning Statement is accompanied by 5 Appendices which are:
Appendix 1: Colour photographs of the site and surroundings and details of the proposal.
Appendix 2: Colour photocopy indicating the relationship of the site of the proposed new building to existing machinery storage building and manege attached.
Appendix 3: PA 19/01426/B - Drawn details of a new 20m x 60m indoor arena at Sunnycroft, Rhendoo Road, Jurby - approved - 19.05.2020.
Case Officer's comments: This site is in a rural location approx. 2km SE of Jurby East - lowland setting - the building would be located to the SE of the existing farm building complex. The site is more open with less adjoining tree cover than the PA 21/00550/B proposals with views of the site directly from Rhendoo Road. It would be screened from views from the north by the existing dwelling and farm buildings/equestrian facilities on the site. The site and surroundings are relatively flat with distant views of the mountains to the south.
Appendix 4: PA 21/00550/B - Drawn details of a new 20m x 60m equestrian arena and associated facilities - stabling and tack areas and service corridors at Ballaquayle Farm, St Marks Road, St Marks, Ballasalla - approved - 12.08.2021.
Case Officer's comments: This site is a lowland site located in the south of the Island to the north of Ballasalla. It is set low in the landscape with existing trees and hedging providing screening of it from views obtained from the A26 to the east.
Appendix 5: 22/01386/B - Drawn details of "Proposed erection of private equestrian facilities in fields 524030, 524029 and 522779, Ballamona Estate, Quine's Hill, Port Soderick. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores, along with an outdoor manage, hay barn, field shelter, and associated landscaping. This application is intended as an amendment to the previously approved scheme PA 12/01285/B" at Fields 524030, 524029 & 522779, Ballamona Estate, Oak Hill, Port Soderick, Isle of Man, IM4 1AT - approved - 09.08.2023.
Case Officer's comments: This development proposed 40m x 20m indoor riding arena with associated stabling, tack, and equipment stores - overall dimensions were 31.0m x 51.78m this is a 'lowland' site well-related to existing traditional barns and farmhouse and Mill House structures was well- screened from its surroundings, by hedges, trees and woodland and also set well back from the Old Castletown Road.
PLANNING POLICY
3.1 The site is designated as countryside by the Isle of Man Development Scheme (Development Plan) Order 1982, and also as being within an Area of High Landscape or Coastal Value and Scenic Significance.
3.2 Given this designation and the development proposed, several policies of the Isle of Man Strategic Plan (2007) are considered relevant.
3.3 General Policy 2 states (in part): '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:
(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;
(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, and
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways.'
3.4 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 overriding 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."
3.5 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).'
3.6 Environment Policy 20 states: 'There will be a presumption against large scale equestrian development, 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'.
3.7 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'.
3.8 Paragraph 7.15.1 of the Strategic Plan, which precedes and provides the supporting text to the above three policies, reads: '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'.
3.9 In the Isle of Man Landscape Character Assessment (2008), the site is recognised as being within the A1 - NORTHERN UPLANDS Landscape Character Area. Its key characteristics are: "Key Characteristics
o Open exposed moorland underlain by the Manx Group rocks
o Rounded smooth peaks and spurs.
o Narrow steep sided V-shaped upland burns / streams with low vegetation.
o Large coniferous plantations with abrupt edges.
o Combination of moorland vegetation and rough pasture.
o Upland Hill farming on lower slopes and sheep grazing.
o Busy A-roads, with distinctive road markings and viewing platforms created for the TT races.
o Largely devoid of built structures except isolated white-washed farm houses and scattered dwellings.
o Fragmented historic field patterns and abandoned dwellings.
o Various historic features; sites such as stone circles, scattered over the area.
o Smooth and uninterrupted skyline, except for visually prominent telecommunication towers
on top of Snaefell forming an Island-wide landmark.
o Tranquil and remote character away from the roads with evocative abandoned 'intact' farms in the area.
o Extensive and panoramic views of surrounding peaks and over the whole Island." The "Overall Character Description" is advised as being:
"Overall Character Description The open, expansive and exposed rolling moorlands with numerous rounded summits, such as Snaefell and Sartfell, are covered by a pattern of rough moorland vegetation consisting of heather, gorse and rough grass, areas of rough grazing, some bogland and various large blocky coniferous plantations. Numerous steep sided V-shaped upland streams cut into the sloping hills sides with soil slips exposed in places. Small wind-swept native vegetation nestles in the valley bottoms alongside bubbling white water streams and some small waterfalls, with bracken and heather growing on the steep valley slopes. Roads are single track with no delineation other than the occasional ditch or post-and-wire fence off the route of the TT race course, which has distinct and conspicuous road markings, signage and a variety of viewing stations. These road corridors form the only linear features in an otherwise continuous and monotone landscape.
Scattered remnants of former dwellings in the form of Sheilings, standing stones, hut circles, 'intact' farms and areas of former peat cutting, as well as remnants of field patterns expressed
as overgrown and partially collapsed mountain hedges, serve to demonstrate historic land uses and the extent of former inhabitation of this upland area. Settlement today is in the form of isolated farm houses, often whitewashed or slate, with outhouses with corrugated iron roofs surrounded by groups of deciduous trees that form windbreaks.
The periphery of the Northern Uplands slopes steeply down to merge with the upper pastoral slopes of the Incised Inland Slopes Landscape Character Type that surrounds the Northern Uplands. On these upper slopes, coniferous plantations are surrounded by scattered and irregular grazing fields bounded predominantly. Various types of Manx hedges and slate stone walls in some areas. Hedgerow shrubs such as gorse and small thorn trees grow on these high Manx hedges to create narrow and enclosed lanes that run along the edges of the pastoral and upland areas. Away from the busy A-roads and the route of the TT Mountain Course, there is a strong sense of tranquillity and a remote unified character due to the sparsity of visible evidence of human presence with the exception of the prominent telecommunication towers on top of Snaefell that form an Island wide landmark."
"Key Views are:
o Panoramic and expansive views out to sea and across the whole Island from the summits.
o Distant coastal views enclosed by peaks from various points within the centre of the area." And the Overall Landscape Strategy for the area is:
"Landscape Strategy The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features."
PLANNING HISTORY
4.1 The application site has been the subject of a number of planning applications, the most relevant of which is planning permission ref: - 13/91106/B for the Re-location of vehicular access into site, erection of new stable block and horse riding manège that was approved on the 20 November 2013.
4.2 Subsequently application Ref: PA 18/01020/B for the "Erection of building for use as stables/store on site of previously approved stables" was permitted on 5 April, 2019.
4.3 PA13/91106/B - Re-location of vehicular access into site, erection of new stable block and horse riding manege permitted on 20 November, 2013.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division (28/6/24) comments as follows:
"24/00683/B - 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 and local road network is acceptable for the proposals, providing it stays as private use via condition.
5.2 Highways Drainage Comments: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Applicant should be aware off and comply with the clauses above.
5.3 Garff Commissioners - no comments had been received by the Report drafting stage (14/8/24).
ASSESSMENT
6.1 The principle for the equestrian use on this agricultural site was accepted under Planning permission 13/91106/B. In their assessment the then officer stated: -
'The applicant has confirmed that the stables and manege are for private use, which should be relatively low-key and appropriate to this location. Although the size of the works proposed is perhaps slightly larger than would normally be the case for purely domestic use, it is accepted that the proposal does not represent a 'large scale' operation; from the point of view of Environment Policy 20, 'large-scale' would normally be considered to comprise an operation with some commercial element and it is not considered that four horse and two pony stables would readily lend the site to a commercial use, whether now or in the future'.
6.2 The officer concluded that therefore the principle considered is acceptable, which was affirmed by the approval of PA 18/01020/B for the "Erection of building for use as stables/store on site of previously approved stables", and the assessment of the current application has not altered this view.
6.3 In terms of the PA13/91106/B stable block application, the Case Officer stated: -
'The stable is proposed to be set back from the highway, behind a new access that would also be screened by new planting, with the manège proposed to be located yet further back from the highway. The nature of the site and surrounding land is such as to make this an appropriate location as the natural screening afforded by the established hedgerows and sloping landscape, along with limited public views into the site, serve to reduce its visual impact on the countryside. Moreover, the design of the stables (and associated works) is
considered to successfully manage the careful balance required between providing a good quality of design while also reflecting the specific purpose of the building by giving the impression of its being specifically for equestrian uses. Its location close to existing buildings is also considered appropriate'.
6.4 The approved stables comprised of four horse stables, two pony stables and various associated stores, and included a disabled toilet; all of the subdivided areas opened out onto the external yard area. The PA 18/01020/B proposal re-orientated the space and occupied the same footprint, including the yard, going from an 'L' shape to a rectangle; the 'accommodation' remained largely the same.
6.5 For the PA 18/01020/B proposal, in terms of the increase in the size, the yard was located on the inside of the 'L' shape and two of the elevations will remain the same size; therefore from a distance, the site would ultimately be perceived as a rectangle regardless. The new materials mimicked that of an agricultural building rather than a rendered outbuilding and the location remained the same, close to the remaining farm buildings. Therefore, on balance, it was considered that the increase in size would not have a significantly greater overall impact to the character of the countryside or the Area of High Landscape or Coastal Value and Scenic Significance, above that of the previous approval.
6.6 The current application proposes a particularly large structure. The building would measure 66.0m long x 30.0m wide (1,980m2 in floor area) x 4.5m high to the eaves and 8.69m high to the ridge. It would be constructed using a steel frame with walls of tantalised castle boarding on 125mm x 175mm timber cladding rails under a pitched roof of Profile 6 reinforced Juniper Green fibre cement sheets with 44 No. rooflights in 11 groups of 4 rooflights on each of the roof slopes.
6.7 The site is located in the countryside in an upland location set between the A18 'Mountain Road' and the A2 Ramsey to Douglas Road. It lies within an Area of High Landscape or Coastal Value and Scenic Significance. The new building would visible from a wide area surrounding the site, particularly from the eastern slopes and summit of North Berrule; the A2 running past the site to the east; and, from the higher ground at Maughold to the east close to the coast, which is a more distant view. It is noted that the new building would partially set into the ground owing to the cut and fill nature of the engineering works required to level the site for the building to be erected on.
6.8 Environment Policy ENV1 of the IoMSP 2016 advises that "The countryside and its ecology will be protected for its own sake." It further advises that: "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."
6.9 It is considered that the size and scale of the proposed building in this upland location would result in an overly large structure being sited in this visually sensitive, upland landscape which would be visible from a number of public vantage points both near and far as advised above. This is contrary to the advice contained in Policy ENV1 which seeks to protect the countryside for its own sake.
6.10 In the Planning Statement accompanying the application, the applicant has advised of three other similar size and scale developments to that proposed which have received planning approval from the Department. These, and the Case Officer's comments relating to them are as follows:
o Appendix 3: PA 19/01426/B - Drawn details of a new 20m x 60m indoor arena at Sunnycroft, Rhendoo Road, Jurby - approved - 19.05.2020.
o Case Officer's comments: This site is in a rural location approx. 2km SE of Jurby East lowland setting - the building would be located to the SE of the existing farm building complex. The site is more open with les adjoining tree cover than the PA 21/00550/B proposals with views of the site directly from Rhendoo Road. It would be screened from views from the north by the existing dwelling and farm buildings/equestrian facilities on the site. The site and surroundings are relatively flat with distant views of the mountains to the south.
o Appendix 4: PA 21/00550/B - Drawn details of a new 20m x 60m equestrian arena and associated facilities - stabling and tack areas and service corridors at Ballaquayle Farm, St Marks Road, St Marks, Ballasalla - approved - 12.08.2021.
o Case Officer's comments: This site is a lowland site located in the south of the Island to the north of Ballasalla. It is set low in the landscape with existing trees and hedging providing screening of it from views obtained from the A26 to the east.
o Appendix 5: 22/01386/B - Drawn details of "Proposed erection of private equestrian facilities in fields 524030, 524029 and 522779, Ballamona Estate, Quine's Hill, Port Soderick. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores, along with an outdoor manage, hay barn, field shelter, and associated landscaping. This application is intended as an amendment to the previously approved scheme PA 12/01285/B"
at Fields 524030, 524029 & 522779, Ballamona Estate, Oak Hill, Port Soderick, Isle of Man, IM4 1AT - approved - 09.08.2023.
o Case Officer's comments: This development proposed 40m x 20m indoor riding arena with associated stabling, tack, and equipment stores - overall dimensions were 31.0m x 51.78m - this is a 'lowland' site well-related to existing traditional barns and farmhouse and Mill House structures was well- screened from its surroundings, by hedges, trees and woodland and also set well back from the Old Castletown Road.
6.11 There is a clear distinction in terms of the landscape setting between the above three sites/cases, which are all in a lowland setting, and/or are screened by vegetation, trees and adjoin other buildings. It is not that the application site is divorced from other structures in the applicants' ownership, it is not. Other structures and buildings, plus the manege as outlined in the sites Planning History above and which adjoin the site, all form part of the present Equestrian Centre. It is the size, scale and upland location that is the issue here, in that the proposed development would, to an unacceptable degree, result in an overly large and visually intrusive structure, hence the objection to the proposal on the grounds that it would fail to comply with the provisions of Policy ENV1 of the IoMSP. It is further considered that this view overrides the advice contained in Policies ENV19 and ENV21, and emphasises the advice contained in Policy ENV20 which advises that: "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."
6.12 It is noted that DoI Highways and DoI Highways Drainage have both commented on the application each respectively raising no objections on the grounds of traffic generation and highway safety; and, in respect of highways drainage provided there would be no surface water run-off onto the public highway.
6.13 It is noted that no comments have been received from Garff Commissioners or the DEFA Ecosystems Policy Team.
CONCLUSION
7.1 The size and scale of the proposed building in this upland location would result in an overly large structure being sited in a visually sensitive, upland landscape setting, which would be visible from a wide area surrounding the site, particularly from the eastern slopes and summit
of North Berrule; the A2 main road running past the site to the east; and, from the higher ground at Maughold to the east close to the coast, which is a more distant view. This would result in an unacceptable degree of harm the character of the site and its surroundings. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. Overall, the proposal fails to comply with the provisions of General Policy 2 b), c) and g); and, of Environment Policy 1 and Environment Policy 20 in the Isle of Man Strategic Plan 2016; and, the Landscape Strategy as outlined in the Isle of Man Landscape Character Assessment (2008), where the site is recognised as being within the A1 NORTHERN UPLANDS Landscape Character Area.
INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
(a) The applicant, or if there is one, the applicant's agent;
(b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
(c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
(d) Highway Services Division of Department of Infrastructure and
(e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine:
o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Refused Date : 20.08.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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.
Kinrade Associates Limited Stella Maris Mountain Road Ramsey IM8 2JJ
TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019
In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr & Mrs Brian Byers, Ref 24/00683/B, for the Erection of equestrian building at Field 624110 Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man IM7 1EP for the following reason(s):
The size and scale of the proposed equestrian building in this upland location would result in an overly large structure being sited in a visually sensitive, upland landscape setting, which would be visible from a wide area surrounding the site, particularly from the eastern slopes and summit of North Berrule; the A2 main road running past the site to the east; and, from the higher ground to the north, and to the east at Maughold which is located close to the coast, and affords a more distant view of the site and proposed development. This would result in an unacceptable degree of visual harm the character of the site and its surroundings. Overall, the proposal fails to comply with the provisions of General Policy 2 b), c) and g); Environment Policy 1; and, Environment Policy 20 in the Isle of Man Strategic Plan 2016; and, the Landscape Strategy as outlined in the Isle of Man Landscape Character Assessment (2008), where the site is recognised as being within the A1 - NORTHERN UPLANDS Landscape Character Area.
Date of Issue: 20th August 2024
J CHANCE Director of Planning and Building Control
Guidance Note
This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.
This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.
A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.
Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:
the grounds for making the appeal;
payment of the planning appeal fee (currently £355); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130).
Where the appeal is submitted by the applicant they must:
specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.
If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.
Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.
An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal
If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.
PLANNING APPEAL Erection of equestrian building Site at Field 624110, Ballagilley Farm, Gooseneck Road, Hibernia, Ramsey, Isle of Man, IM7 1EP PA Reference 24/00683/B
AERIAL PHOTOGRAPH OF THE SITE
Please reply to the signatory Our Ref: 23/00346/B Mr. A. Johnstone, Planning Appeals Secretary, Cabinet Office, Government Offices, Buck’s Road, Douglas, IM1 3PN.
Jennifer Chance MRTPI Director of Planning & Building Control 13th September 2024 Dear Mr Johnstone Ref: 24/00683/B Applicant: Mr and Mrs Brian Byers Proposal: Appeal against the refusal of planning approval for the erection of Equestrian Building Address: Site at Field 624110, Ballagilley Farm, Gooseneck Road, Hibernia, Ramsey, Isle Of Man, IM7 1EP
In the event that the appointed Planning Inspector is minded to recommend approval of the application, the following suggested conditions and reasons are considered to be appropriate in this case:
1. The development hereby approved shall be begun before the expiration of fouryears 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.
2. The development for the private equestrian facility comprising an indoor ridingarena, hereby permitted, shall be constructed in accordance with the details asoutlined on the submitted Drawing - Drawing No. SM24/614/2.
Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Adopted Isle of Man Strategic Plan (2016).
3. Prior to the commencement of the development hereby approved, details of alandscape scheme shall be submitted to and approved in writing by the Department.All planting, seeding, and earth works comprised in the approved details of
landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.
4. Prior to the commencement of the development, hereby permitted, details of biodiversity mitigation measures in respect of Protected Species (Bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover avoidance of harm to protected species, and nesting birds. The mitigation measures and biodiversity enhancement shall make provision for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors; and, that 3 boxes suitable for swift are erected. Following written approval of the scheme by DEFA, these details shall be implemented in full prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.
Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies
4 and 5 in the Adopted Isle of Man Strategic Plan 2016.
5. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.
Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
6. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.
Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.
7. The development hereby permitted shall be occupied as a private equestrian facility for the benefit of the occupants of the Ballagilley Farm, their employees, friends and associates only, and that it shall not be operated as a facility open to the general public or sold or sub-let without first obtaining planning permission.
Reason: To ensure that the private equestrian facility remains as part of the planning unit comprising Ballagilley Farm. This is due to the size and scale of the development, and its close proximity to the Ballagilley Farm, and Farmhouse all of which are residential units of living accommodation located in the open countryside in an area where planning permission for a separate equestrian facility closely related to adjoining living accommodation would not be granted unless there was an identified and justified need; and, to protect the residential amenities of occupants of these adjoining buildings. This accords with the provisions of General Policy 3 b) and g); and, Environment Policies 1 and 22iii) in the Adopted Isle of Man Strategic Plan (2016).
Yours sincerely,
Mr Hamish Laird Planning Officer
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