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Application No.: 17/00711/B Applicant: Mr Tim & Mrs Rebecca Sowerby Proposal: Alterations and extension to dwelling, erection of a barn incorporating stables, creation of a manège and access alterations Site Address: Close Ruish Clenagh Road Sandygate Ramsey Isle Of Man IM7 3AE Case Officer : Mr Jason Singleton Site Visit: 31.07.2017 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.03.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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 use has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
REASON: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the menage must be used for the purposes for which it is approved.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Note: the applicant is encouraged to seek the advice of those involved in the Isle of Man Dark Skies initiative.
Manx Utilities recommend flood resilient measures be taken for the manege, barn and extension, for example, ensuring that all electric points are located above the predicted floor levels and non-return valves are installed on any foul or surface water drains
Plans/Drawings/Information; This approval relates to the following: 02/3, 03/3, 05/3, 07/2, 07/1 and 08/2 all received on 25/10/17 01/0 and 04/0 received on 3/07/17 06 received on 1st February, 2018 the undated Arboricultural Impact Assessment received on 25th October, 2017 and the Philips Lighting information including plan reference DWG01 and the report dated 17.10.17 all received on 25th October, 2017. _______________________________________________________________
None _____________________________________________________________________________
Officer’s Report THE APPLICATION SITE
1.1 The application site is in two parts, one the residential curtilage of Close Ruish which is a two storey building that is narrow and long. Adjacent to the dwellinghouse is a detached single storey garage. The property is accessed from the main road, Clenagh Road, to the east of the dwellinghouse via a concrete road. - 1.2 The second aspect is a land holding to the north and west of the dwellinghouse that runs adjacent to the Lehn Trench. The fields are agricultural land covered with grass, numbered; 211251 (2.45 acres); 214052 (9.43 acres); 211246 (1.94 acres); 211249 (1.78 acres) and 211252 (1.02 acres). This field 211252, is where most of the development will take place and is heavily boarded on the east and west elevation with dense tree planting and the land overgrown with long grass. - 1.3 The character of the area along Clenagh Road is sporadic development along the road side of small dwelling houses with hedging and trees lining the verges of the road. - 1.4 The nearest neighbouring property to the site is 'Gollane Sheear' approx 190m to the south of the application site. PROPOSAL
2.1 Proposed is a two storey extension (2.3m x 4.3m) to the dwellinghouse on the north elevation to provide an internal staircase as part of the refurbishment of the property. Works also include the installation of a window in the North West elevation at ground floor level and the change of a doorway to a window. - 2.2 Also proposed is the construction of a manege area (60m x 25m) with ranch type fencing around; and, a barn for the stabling of horses and equipment with a modified access off the highway. The new building would measure 24m long x 11m wide and 5.0m high to the ridge. The building would be green profile sheeting and a green corrugated roof with vents and transparent sheets in part.
2.3 The proposed barn and stable would be to the north of the dwellinghouse and would utilise the majority of field 211252 and the manege aspect would span into field 211249. The manege would be illuminated with 8No. x 6m high lamp posts to provide downward lighting. A lighting impact assessment has been included with the application. - 2.4 The application is accompanied with a landscape proposal for tree removal and tree replacement. PLANNING HISTORY
3.1 The following previous planning applications are considered relevant in the assessment and determination of this application; 97/01904/B - Erection of machinery storage building, Close Ruish, Sandygate, Jurby. REFUSED.
90/01547/B - Extension to create additional living accommodation, Close Ruish, Sandygate, Jurby. Approved. 87/00713/B - Erection of double garage and garden store, Close Ruish, Sandygate, Jurby. Approved. PLANNING STATUS
4.1 In terms of land use designation the application site is located within a wider area of land that is designated as white land on the Town and Country Planning (Development Plan) Order 1982 and is therefore not zoned for development. The site is not within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 4.3 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in exceptional circumstances identified in paragraph 6.3. - 4.4 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. - 4.5 The relevant parts of General Policy 3 state: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: … f) building and engineering operations which are essential for the conduct of agriculture or forestry. - 4.6 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 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. - 4.7 Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
4.8 Environment Policy 19: 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). - 4.9 Environment Policy 21: 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 that 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. - 4.10 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 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. - 4.11 Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally). - 4.12 Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. - 4.13 Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
REPRESENTATIONS
5.1 Jurby Parish Commissioners have commented on the amended drawings and do not object (19/01/18).
5.2 Highways Services have commented (22/02/18) on the amended drawings;
ASSESMENT
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 The existing property has had a number of extensions/alterations over the years which have resulted in a mix of both traditional and some non-traditional elements in the appearance of the property. The extension would be to the north of the dwellinghouse and not readily visible from the streetscene. The level and scale of development proposed is considered to be relatively modest and designed to be complementary to the existing dwelling and overall, not judged to cause harm to the appearance of the dwellinghouse or considered to harm the character and quality of the countryside and wider surrounding area. The extension would respect the main building in terms of appearance, character and the chosen materials which would complement the existing building. As such the proposal is deemed acceptable in accordance with Housing Policies 15 and 16.
6.3 In considering the application Strategic Policy 2 and Spatial Policy 5 seeks that any new 'development' should be located within existing towns and villages or within sustainable urban extensions of those town and villages. As part of the application is for the erecting a barn / stables, the siting of such buildings in the countryside could be appropriate, if the application complies with the exceptions laid out within General Policy 3. The exception in this case is (f)
which applies to building and engineering operations which are essential for the conduct of agriculture.
6.4 It is noted from the layout plans, the building is for the stabling of horses in association with the land holding associated with Close Ruish. The grazing of horses comes within the definition of agriculture, as set out in section 45 of the Town and Country Planning Act 1999 and the provision of incidental stabling may be regarded as being covered by this exception to General Policy 3. The principle of erecting a building for the stabling of horses within this location is accepted as an exemption in accordance with General Policy 3 (f) and in turn Strategic Policy 2.
6.5 There is a general presumption against new development in the countryside, as indicated in Environment Policy 1, Close Ruish is not within a defined settlement, it is difficult to identify it within any settlement, the house, garage and annex building stand alone in the countryside. The character of the area is rural in appearance, featuring sporadic residential detached properties along its length. The proposed stable building would generally not appear out of character within the open countryside and it is noted the proposal is to replace a much small detached garage. The barn structure, ménage and hardcore tracks combined could be considered to have a greater impact on the countryside changing the character and feel of the area. However, given the natural screening through the mature vegetation and tree planting, there would be limited views, if any at all and only when passing the entrance. The manage would not be apparent when passing and would be adequately screened from any public vantage points. - 6.6 The transplanting of trees and the proposed planting scheme would mitigate any loss of trees on site and would further help screen any views of the manege or stables from distant views. Whilst these would not completely screen the proposed building from all vantage points, they would provide a considerable screening effect. The comments from forestry are helpful and it is noted they do not object to the proposal following detailed consultations with the agent and the submission of an arboricultural impact assessment for the site. On balance the transplanting of the existing trees and substantial planting proposal within the site to accommodate the manege area, would be an enhancement to the area and is considered to be in accordance with Environment Policy 1 and 3.
6.7 With respect to equestrian buildings, details are set out in Environment Policy 21, which indicates that no stable building will be allowed if it would be detrimental to the character and appearance of the countryside. Fundamentally the point is that new buildings must not result in visual harm to the countryside by reason of siting, design, size or finish. The siting of the building is further explored in Environmental Policy 15 that it must be "sited as close as is practicable to the existing building groups and be appropriate in terms of scale, materials, colour, siting and form". The revised scheme would place the stable building much closer to the built development on site, I.e. the dwellinghouse and garage. The siting of the building would now sit more comfortably within the landscape and would be read in conjunction with the dwellinghouse and not as a standalone building isolated within the open countryside. It is considered that the proposed planting and landscaping measurers would further reduce any potential impact particularly from closer vantage points. With that said, the appearance of the building would be "agricultural" in its finish and given its size would not appear as unwarranted development appearing out of character. The nature of construction of the building and the proposed materials would reflect their specific purpose. - 6.8 The proposed manege would be relatively low key within the surroundings and would only really be identified by the proposed lighting columns. The manege is proposed to be floodlit by 8 LED down lighters on 6m high poles. The luminaire wattage is indicated as
6.11 The comments of Highway Services are heavily relied upon. The access has been designed with the input from Highways Services and is noted Highway Services, now, do not object to the proposal on the amended drawings subject to the inclusion of a condition to ensure the access is provided prior to any construction on site. Therefore by default the proposal would comply with Transport Policy 4 of the Strategic Plan.
7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 06.03.2018 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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