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Application No.: 18/00242/B Applicant: Mr Geoffrey & Mrs Carol Mitchell Proposal: Creation of a menage Site Address: Field 534213 Lower Sulby Farm Scollag Road Abbeylands Isle Of Man Case Officer : Mr Jason Singleton Photo Taken: 10.05.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.05.2018 _________________________________________________________________
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: In view of the location of the site in the open countryside and the nature of the access to the site the Department does not consider the site suitable for anything other than private use.
Reason: The menage has been approved to meet the equestrian need of the applicant and its subsequent retention could result in an unwarranted intrusion in the countryside
There shall be no external lighting of the menage hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.
This approval relates to drawings referenced;001; 002; 003; 004 date stamped received 7th March 2018. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is the area of field 534213 located off lower Sulby farm, scollag Road, Abbeylands. - 1.2 The area is characterised by open fields, save for the small estate at the end of the private road. The access road has a manx sod bank on the side of the proposed site. The access is existing and is an opening in the bank with a timber gate. The boundary to the field to the left is an approx 1.8m timber fence and to the right is a hedged boundary. - 1.3 The applicant has indicated in blue on the location plan, they are in the ownership are fields labelled 534488 (5.38 acres); 534659 (11.16 acres); 534660 (0.67 acres); 534214 (2.39 acres). Totalling = 19.6 acres. (information extrapolated from MannGis online) There is however more land identified but is not identified by field numbers. PROPOSAL
2.1 Proposed is the erection of a horse riding menage, measuring 40m long and 20m wide. PLANNING HISTORY - 3.1 16/01022/B - Erection of stable block - Field 534488. - Approved with the following conditions;
C.1 The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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: In view of the location of the site in the open countryside and the nature of the access to the site the Department does not consider the site suitable for anything other than private use.
Reason: The building has been approved to meet the equestrian need of the applicant and its subsequent retention would result in an unwarranted intrusion in the countryside
4.1 In terms of land use planning, the application site is located within a wider area of land that is designated as open space and not designated for any site specific purpose under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2.
4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 4.3 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. - 4.4 General Policy 3: "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; - 4.5 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. - 4.6 Environment Policy 15 states: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.
Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
4.7 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."
REPRESENTATIONS
5.1 Onchan Commissioners has no objection (11/04/18)
5.2 Highways Services have commented and confirm there is no Highways Involvement in the proposal and would seek a condition limiting the use to private and not commercial (06/04/18)
ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
the broad principle of the proposal
6.2 As an exception to General Policy 3 (f) has been allowed for the erection of a stables building, the provision for a riding area / ménage would be assessed against the same policies (gp3(f) and EP15) and whilst not a building, the impact would be the same. Here, the use of the land for a ménage is related to the use of the fields (for grazing) and the stables for horses, and would be deemed a complementary use in close association. The area to be occupied would still leave a vast amount of the fields intact for grazing and would be considered to have a minimal impact on the countryside. In this instance, it is considered the proposal by its close proximity to the existing stables whilst remaing sympathetic to the rural landscape, would meet the exception under General Policy 3(f) and Environmental policy 15. the visual impact on the countryside
6.3 Considering the impact of the proposal, initially there would be some soil excavation to level this part of the area (cut and fill of the lower parts). It would not be considered this would have a detrimental impact on the area and given the close proximity to the stables, the two would be read in conjunction and legible for what their use and intentions area. - 6.4 The only identifying features would be the uniformity of the perimeter fence around the arena area. The flooring is made up from a number of layers of sand, limestone and permeable membrane to ensure the riding surface can drain and the finished surface is suitable for horse riding. The proposal would not include any illumination and would only be used in daylight hours only, minimising any impact on the surrounding area and landscape. To mitigate the appearance, the applicant has offered to plant a hedge (griselina or similar) around the perimeter of the ménage to reduce wind blowing of the ménages' surface (sand). - 6.5 On the whole, the proposal is not considered to have any greater impact on the surrounding area or countryside than the existing stables building and is deemed acceptable in accordance with Environmental policy 1 and 21.
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 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
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.
Decision Made : Permitted Date : 17.05.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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