3 January 2020 · Delegated
Field 432105, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eh
The application sought permission to erect a stable and associated hardstanding on a field at Phildraw Road, Ballasalla, which was already used for grazing ponies and sheep. The main planning issues were highway safety, visual impact on the countryside, and the protection of good quality agricultural land. Highway concerns were initially raised about the proximity of the hardstanding to the road and the gate position, but the applicant provided updated drawings confirming the gate is set back 14 metres from the road and the hardstanding remains within the field. Highway Services accepted that the existing access has sufficient visibility to accommodate an intensification of use. The stable itself is of a reasonable size, timber-clad, and sited in the north-western corner of the field, which the officer considered appropriate in design and character. The remaining land will be retained as good quality agricultural land.
The stable was judged acceptable because it is sensitively sited with no adverse impact on the local landscape or amenity, the existing access has sufficient visibility for the level of use proposed, and the hardstanding and gate are set well back from the highway. Conditions restrict use to private equestrian purposes and require removal if the building is no longer needed.
Paragraph 7.15.1
Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies. 7.15 Equestrian Pursuits 7.15.1 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 t he 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 grou ps, and designed not only to blend with their surroundings but also to suit their specific purpose.
Environment Policy 19
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).
Environment Policy 21
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 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. 7.16 Environmental Protection - Introduction 7.16.1 T here are many fac ets of environmental protection which have land use implications including pollution, unstable land, contaminated land and flooding. In terms of pollution, whilst it is the role of the planning system to determine whether a development is an acceptable use of land rather than seeking to control the processes or substances used in any particular development, it is important that the Planning Directorate operates alongside other agencies such as the Environment Safety and Health Directorate whic h has statutory responsibilities regarding environmental protection, and the Health and Safety at Work Inspectorate, The Isle of Man Water Authority, the Department of Transport and the Department of Agriculture Fisheries and Forestry. 7.17 Pollution 7.17.1 It is important to protect the environment and quality of life by controlling development which would lead to unacceptable levels of water pollution, air pollution and other nuisances such as noise and smells. However, it is not the role of land us e planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department of Local Government and the Environment. It is the intention of the following policy to prevent development which would unacceptably impact upon current and future land uses through the effects of pollution.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
In the event that it is no longer used or required for the stabling of agricultural animals and storage of associated equipment the building hereby approved shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased.
Condition 3
The stable hereby approved must be used only for equestrian purposes in association with the residential dwelling 'Rishworth', Phildraw Road, Ballasalla and not for any commercial use.
