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Application No.: 18/00629/B Applicant: Mr Michael Haxby Proposal: Creation of an outdoor equine arena Site Address: Field 534212 Scollag Road Abbeylands Isle of Man Planning Officer: Mr Owen Gore Photo Taken: 11.01.2018 Site Visit: 11.01.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.09.2018 _________________________________________________________________
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 in light of General Policy 3 and Environment Policy 19 of the Isle of Man Strategic Plan 2016.
Reason: The manège/equine area has been approved to meet the equestrian need of the applicant and its subsequent retention could result in an unwarranted intrusion in the countryside in light of General Policy 3 and Environment Policy 19 of the Isle of Man Strategic Plan 2016.
Reason: In the interests of the character and appearance of the site and surrounding area in light of General Policy 3 and Environment Policy 19 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information: This planning permission relates to the following plans and documents: -
It is recommended that the following neighbour should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Jennifer Clucas, 4 Abbeylands Estate, Scollag Road, Abbeylands, Isle of Man, IM4 5BX.
As they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status July 2018). _____________________________________________________________________________
Officer’s Report SITE
1.1 The application site comprises of a small section of a wider parcel of land north east of Clear View, a bungalow set at the entrance to Scollag Road, on the Abbeylands Estate. Opposite the site to the west are the stables permitted under reference 16/01022/B and to the south west is the site of the stables permitted under reference 17/01217/B. - 1.2 The area is characterised by open fields, save for the small estate at the end of the private road, Clear view and the aforementioned stables. 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 sod bank with a gate. PROPOSAL
2.1 Proposed is the creation of a horse riding manège/equine area, measuring 42m by 22m, including fencing and drainage; the soil that will be removed during the re-profiling of the site will be used to create banks around the ménage that will be dressed with topsoil and reseeded. PLANNING POLICY - 3.1 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. In terms of strategic plan policy, the Strategic Plan contains several policies that are considered specifically material to the assessment of this current planning application.
3.2 General Policy 3 sets out a number of exceptions for development outside of zoned areas of which equestrian is not included. Further information and guidance is given in respect of equestrian-related development in Environment Policies 19, 20 and 21. - 3.3 Environment Policy 1 states that 'The countryside and its ecology will be protected for its own sake…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'.
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). PLANNING HISTORY - 4.1 The following planning permissions are considered to be specifically material in the assessment of the current application: This site
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 confirms that they do not oppose in the letter dated 24 July 2018. The comments continue: -
'Highway Services does not oppose the application subject to a planning condition for the equine arena to be for the sole use of the applicant and his family only, and not for any commercial purposes, to limit the site traffic and parking demand'.
5.2 Onchan District Commissioners have commented on this application and stated that they do not object in the letter dated 10 July 2018.
5.3 A neighbour comment was received stating that they do not object in principle, on the basis that the proposed equine area is for private use only. ASSESSMENT - 6.1 The key issues to be considered in the assessment of this application are the principal of the development when appraised against the provisions of Environmental Policy 19 and 20, and the visual impact of the proposed ménage.
Principle of development
6.2 The site is situated in countryside where development is strictly controlled. However, the Strategic Plan makes provision for equestrian development in the countryside subject to certain criteria, including assessment of the visual impact of the development, the effect on local amenity and loss of quality agricultural land.
6.3 The proposal is for a horse riding manège/equine area, measuring 42m by 22m, including fencing and drainage; it does not raise any significant strategic issues. The application site is restricted to the redline boundary shown on the submitted site location plan, linked with the site of the permitted stables; therefore there is no change of use for the remaining field. A condition was proposed to ensure that the stables remain for personal use and do not become a commercial enterprise and this will be replicated on the current proposal.
6.4 The acceptability of the proposal should therefore depend on the consideration of the issues below. Character and appearance - 6.5 Environment Policy 19 indicates that no equestrian use or development will be allowed where such a development would result in the loss in local amenity. - 6.6 The proposed location of the horse riding manège/equine area is adjacent to the approved stables, which in turn is to be close to the access road and would only be partially visible as it would be screened by an existing sod bank. From the east and south there would be much wider views of the proposal; however it is screened by the proposed earth banks to the south west and south east and it would be viewed in the back drop of the sod bank. - 6.7 The impact on principal public views is likely to be limited, the impact on the character and appearance of the area when seen from the access road and other private residential properties, will not be significantly affected due to the existing sod bank and topography of the land it would not look out of place nor harm the wider landscape. Accordingly, it is considered the proposal would be acceptable in this regard. Access - 6.8 The stables are for the private use of the owners of the land and the access is already in use this is not considered to be a significant issue. Highways have not objected on the basis that the proposed manège/equine area, like the approved stables, will be restricted to private use.
7.1 The proposed stable block is considered acceptable and to comply with Environment Policies 19 and 21 of the Isle of Man Strategic Plan 2016. 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 : 21.09.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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