DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00712/B Applicant: Mrs Anne Thomson Proposal: Alterations to field shelter (retrospective) and an extension to field shelter to create feed store Site Address: Field 434509 Swallows Rest Bayrauyr Road St Marks Ballasalla Isle Of Man IM9 3AT Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.11.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved other than the retrospective works shall be begun before the expiration of four years 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.

• C 2. In the event that the building hereby approved is not used or required for equestrian purposes for a period exceeding 12 months, the building hereby approved shall be removed and the ground restored to its former condition within 18 months of its last use.

Reason: The building has been exceptionally approved solely to meet equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C 3. This approval relates to the use of the proposed buildings for the keeping of horses and related feed and equipment only.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need. As such the building must be used for the purposes for which it is approved.

• C 4. The structure hereby approved must be used only for private equestrian purposes in association with the residential dwelling "Swallows Rest, Bayrauyr Road" and not for any commercial or private livery use.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian/agricultural need. As such the building must be used for the purposes for which it is approved.

This application has been recommended for approval for the following reason.

The proposal is considered to comply with General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 19, 20 and 21 of the Strategic Plan. Therefore, it is recommended for an approval.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 20th June 2023;

• o Drawing No. 1669.2

This decision also relates to the following plans and drawings, date stamped received 13th November 2023;

• o Drawing No. 1669.1 Rev 1 _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within Field No. 431178 which is a field connected to the property Swallow's Rest. The field is situated to the North of Bayraur Road, St Marks. - 1.2 During the site officers visit it could be seen that, the part of the field which was seen was currently open to the South and then sectioned off into paddocks to the North of the field, with the paddocks connecting onto the area where the horse stables are situated. - 1.3 The field is accessed from two different locations, firstly through an access off Field No's. 435371 & 435370 and secondly of an access which is situated adjacent and behind the stable blocks which goes directly onto the Bayraur Road. - 1.4 There were two horses situated within the site, when the site visit was undertaken. THE PROPOSAL

2.1 The current application seeks first to legalise the retrospective works carried out and to create an extension to the existing stabling. - 2.2 The stables were originally accepted under PA21/00039/B. The stables which were built were not in accordance that approval by length, width, overhang and height. They also included a third stable block and hardstanding which was not previously approved in PA21/00039/B. The application seeks to approve these retrospective works.

2.2 With the above retrospective works, also included is the enlargement of the hardstanding to the North East of the site and the North West of the site, the enlargement of the stables to provide an open hay/feed store and the change of field No. 434509 to equestrian. - 2.3 The proposed hay/ feed store will match the existing in appearance and will measure 7.2m by 3.73m. PLANNING HISTORY

3.1 The overall site has been subject to several applications for not only the enlargement of the existing dwelling, removal of an agricultural tie but also for stables in relation to this application. PA21/00039/B was for the "Erection of 2 field shelters for livestock and horses" and was Permitted with the following condition,

"The buildings must be used only for the sheltering of horses or other animals. Reason: The countryside is protected from development and an exception is being made on the basis of equestrian / agricultural need. As such the building must be used for the purposes for which it is approved."

3.2 There are also two concurrent applications currently in the system regarding "Swallows Rest," PA23/00718/B - Erection of agricultural barn building PA23/01080/B - Erection of two single storey extensions PLANNING POLICY

4.1 The site lies within an area zoned as an "Not for development" and an "Area of ecological importance" on the Area Plan for the South. The field is not within a Conservation Area or a Flood Risk Zone. - 4.2 There is a general presumption against any kind of development within the countryside and in areas of ecological importance as outlined in established policies with the Isle of Man Strategic Plan 2016 (Environment Policies 1 & 2 and General Policy 3). However, there are 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, Environment Policy 19, 20 & 21), so long as they do not result in the loss of high quality agricultural land, harm highway safety or by reason of their design, be detrimental to the character, appearance and quality of the countryside. - 4.3 Other Isle of Man Strategic Policies which are relevant to the assessment are as follows;

• Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure
• Strategic Policy 2 - focuses new development in existing settlements unless it complies with General Policy 3 Strategic Policy 5 - new development, should be designed to make a positive contribution to the environment of the Island Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with General Policy 3 General Policy 2 - set out detailed 'development control' considerations Environment Policy 14 - permanent loss of import and versatile agricultural land (classes 1-2) will not be permitted Environment Policy 23 - when considering alterations and improvements to existing facilities consideration of these changes to neighbours needs to be assessed. Environment Policy 42 - new development should be designed to take into account the character and identity of the area

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and state they have no highways interest. (26.06.23) - 5.3 Malew Parish Commissioners have considered the application and have no objection. (28.06.23) ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are:

• - Preamble
• - Principle; (SP5; GP3, Paragraph 7.15.1);
• - Character and Appearance (STP5; EP's 1, 2, and 21);
• - Loss of agricultural land (EP14 and 19);
• - Neighbouring amenities (EP23);
• - Impacts on Highway Safety (GP2 & EP19);

- 6.2 PREAMBLE

• 6.2.1 During the officers site visit it was noted that the structure in place is not as per PA21/00039/B, with there being three stable blocks of a different size and a hardstanding to the front of the stables. This was brought up with both the applicant and the agent, via email, at the site visit and over the phone. Whilst this is the case, the application was not changed to show the difference.

Having looked at the difference between the proposals, the main aspects of the alterations can be assessed retrospectively within this application, as the general principle of stables was approved under PA21/00039/B.

6.3 PRINCIPLE OF DEVELOPMENT

• 6.3.1 A starting point when assessing applications such as the proposal here, is to acknowledge the planning policies as set out in part 4 of this assessment, in connection with the site designation. When looking at the site, it can clearly be seen as within an area not designated for development which means that there is a general presumption against development as set out by General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016.

• 6.3.2 Whilst this is the case, the proposal is for an extension and retrospective alterations to the already existing stables which there is an exception (Environment Policies 19, 20 & 21) which make it clear that equestrian related development is acceptable as long as it can be considered acceptable subject to certain conditions and ensuring that the style, design and finish of the extension and retrospective alteration to the stable block is appropriate for its use. It is also noted that equestrian development, by virtue of its requirement for land, is generally located within rural areas. However the main consideration from a planning perspective is whether the development would have an unacceptable impact upon the character and amenities of the countryside where it would be situated.
• 6.3.3 Based on the above, it is considered that whilst there is support for equestrian development in the countryside, the acceptability of the current scheme would be consequent on the assessment of further material planning matters as indicated above, which need to be considered to determine if the proposed scheme on the site is appropriate.
• 6.4 CHARACTER AND APPEARANCE

• 6.4.1 In assessing the visual impact of the proposal upon the site, surroundings and the broader countryside, the starting point here is Environment Policy 21 which notes the important aspects to be considered such as siting, design, size and finish, as well as form and material.

• 6.4.2 The existing stable block is situated to the South of Field No. 434509, which due to its location and the surrounding mature trees and hedging, the site cannot be seen from a public vantage point. The retrospective alterations and proposed extension are to be timber framed with timber cladding to match what is currently in place.
• 6.4.3 The site visit showed that the existing stable block was being used for horses and had the appearance of a stable block, as such it is considered that the proposal would satisfy the key tests of Environment Policies 1, 2, and 21, and Strategic Policy 5 of the Strategic Plan.
• 6.4.4 Whilst the above is a case, conditions should still be attached that require the building's removal and the land returned to its original condition would be imposed, should the building cease to be used for the approved use, to protect the countryside.
• 6.5 LOSS OF AGRICULTURAL LAND

6.5.1 Turning towards the change of the field from agricultural to equestrian and the potential loss of agricultural land. The Isle of Man soils maps (Figure 4) gives a broad indication of the areas and soil classification, with the application site being an area of approximately Class 3/2 or Class 3/4, which can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management and drainage, and which are not afforded the highest level of protection. Therefore, the proposal would not result in the loss of high quality agricultural land and therefore in this respect complies with Environment Policies 14 and 19.

- 6.6 IMPACT ON NEIGHBOURING AMENITIES

6.6.1 Turning towards the possible impact upon neighbouring properties, "Swallows Rest," which is within the applicants ownership is the closest property by being approximately 220m away from the stable block, with the second closest being "Ballagraingey," which is situated across the road and to the South West of the site.

• 6.6.2 Given the distances between the buildings, the existing topography and mature trees and hedging, it is not considered that the proposal would adversely or significantly affect the amenities of any neighbouring property to warrant a refusal. The proposal is, therefore, considered to comply with Environment Policy 23 in terms of impacts on neighbours.

6.7 HIGHWAY SAFETY

• 6.7.1 It is also noted that Highway Services have considered the merits of the access to and from the application site from the main highways serving the broader site area and indicated that there is no highway interest which confirms that they have no concern with the scheme. Given the above, it is considered that the proposal would not have any adverse impact on the existing highway or upon those users entering and exiting the site, and are considered to align with the principles of General Policy 2 (h&i) and Environment Policy 19. CONCLUSION

7.1 Overall, whilst the stable block is not what was proposed under PA21/00039/B, the overall principle of equestrian was accepted. A site visit showed that the field was being used for equestrian and the stable block has the appearance of a stable block, as such the proposal

would have a minimal impact on the countryside with conditions for its removal if it is no longer used. The change of the land to equestrian is acceptable with their being no loss of high quality agricultural land, whilst this is the case, if the land is no longer being used for equestrian, the land would revert back to agricultural, as such there would not be a permanent loss of the land.

7.2 With the above in mind the proposal is considered to comply with General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 19, 20 and 21 of the Strategic Plan. Therefore, it is recommended for an approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status

I can confirm that this decision has been made by the 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 : Permitted Date : 17.11.2023 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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