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Applicant: Mike & Ann Atkinson Proposal Erection of barn and equestrian manege Site Address Land Adj To Seaview Oak Hill Port Soderick Isle Of Man Case Officer : Miss Lucy Kinrade Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 11.06.2020
C : Conditions for approval N : Notes attached to conditions
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.
Reason: to ensure the construction exclusion zone is effective at excluding those activities which may be damaging to retained trees by clearly marking the boundary of the area and preventing construction activity accidentally straying in to a restricted area.
This application has been recommended for approval for the following reason. The proposal by reason of its re-configuration of a previous approval, its acceptable visual impact, its limited impact on neighbouring amenities and highway safety and limited impact on the designated woodland and ancient monument both subject to necessary conditions, the application is considered to be acceptable and to meet with the tests of Environment Policies 1, 2, 3, 19, 20, 21 or 40
Plans/Drawings/Information; This application relates to drawing numbers 227/001, 227/002, 227/020, 227/021 and covering letter all date stamped and received 26/03/2020.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that Manx National Heritage should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations.
________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL INVOLVES THE ERECTION OF A BUILDING AND AN OUTDOOR ARENA WITHIN AN AREA OF HIGH LANDSCAPE VALUE AND SCENIC SIGNIFICANCE AND CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN (EP20)
1.1 The site comprises part of two fields situated between the Old Castletown Road and the public footpath running between Quines Hill and Kewaigue (this footpath runs past the original old Fairy Bridge). - 1.2 Within this area is a cluster of outbuildings and three existing dwellings known as The Lodge, Ballig House and Sea View. The outbuildings and Sea View are under the ownership of the applicants along with a number of fields sitting on both sides of the public footpath and on the adjacent side of Old Castletown Road. - 1.3 Access is of the Old Castletown Road via a shared lane, The Lodge and Ballig House sit on the eastern side of the lane, Sea View and part of the site sit on the western side. The outbuildings and remaining part of the site sit towards the far northern end nearest the footpath.
1.4 Topography of the land here slopes both upwards from the Old Castletown Road and east to west across the site. - 1.5 The site specific to this application has an irregular shape and aforementioned forms part of two fields, the first site sits on the western side of the shared lane beyond a group of trees and towards the rear of Sea View (approx. 44m (w-e) x 74m (n-s)), the second site continues along the lane to the far end between the existing outbuildings and the footpath (approx. 80m (w-e) x 70m (n-s)). - 1.6 There are a number of trees within the area and a number surrounding sections of both sites with many around the edges. - 1.7 In 2017 PA 17/00855/B was approved at Planning Committee for the removal of a number of trees and the erection of a barn and a manège sitting side by side within the far end site nearest the public footpath. The approval was subject to conditions relating to the private use of the barn and manège by the owners only and that prior to the removal of any trees a bat survey must be undertaken. A note was added stating that no lighting other lighting than that shown as to be attached to the gable ends of the proposed building, may be operational within the site. THE PROPOSAL
2.1 The current proposal remains for a barn and manège however it now seeks to alter the location of the manège into adjacent field 522851 and towards the rear of Sea View, and the subsequent repositioning of the barn in the rear field as to sit on the flatter section of the site and slightly closer to the rear eastern boundary. The agents supporting letter states that these modification are being made as a result of discussions with a Fellow of the British Horse Society who had concerns for horse and rider safety when using the manège due to a significant drop between the manege and the eastern field alongside the public footpath and the considerable distance from the main house. - 2.2 The proposed manège is to sit approx. 30m west of the access lane and beyond an area of existing trees lining the lane and approx. 40m north of the rear elevation of Sea View. The manège itself is to measure 25m wide and 45m long. Its positioning within this field will require a re-profiling of the sloping land in order to accommodate the level manège surface, the upper level of the field is to measure 102.400 and the surface of the manège 100.00. - 2.3 The proposed barn is to measure 15m wide x 24m long, approx. 6.4m to central ridge and 5m to eaves. The building is to have a 1.8m high solid base, vertical timber boards above and cement sheet roof with rooflights. Internally the barn will provide 6 loose boxes, a tack store, feed store and hay store and a 3.8m wide door opening will sit on each gable end with two floodlights attached to the outside which shine downward at both ends to have a maximum distance of illumination of 6m from the building. - 2.4 Spoil from the excavated manège site will be spread in the rear site and adjacent to the proposed barn amongst some existing spoil areas, the approximate depth of the proposed spoil will be 1.45m. - 2.5 The application form states that the manège is to be for private use. PLANNING HISTORY
3.1 Planning applications have been submitted for the creation of a garage with living accommodation above alongside Sea View as well as for two field shelters (02/00624/B) and agricultural buildings (00/00516/B).
3.2 Aforementioned there is extant approval under PA 17/00855/B for the creation of a barn and manège in the far site nearest the public footpath. The position of the barn was to provide the manège protection from the wind. As part of this application a number of trees were considered acceptable for removal subject to a bat survey being provided. This condition was satisfied and it appears as part of the current 2020 drawings that these trees have now been removed. The application was approved 22/09/2017. PLANNING POLICY
4.1 The site lies within an area not designated for development on the Braddan Local Plan of 1991 and within an area considered to be of high landscape value and scenic significance (AHLV). The access lane also falls within an area designated as woodland and to the west of the proposed manège and central to the field is a recognised ancient monument. - 4.2 There is a general presumption against any kind of development here as set out in General Policy 3 and Environment Policies 1, and Environment Policy 2 specifically protects the AHLV. However provision is made for some types of equestrian development under Environment Policies 19, 20 and 21 so long as there is no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2), there are exceptional circumstances to override the protection of AHLV and the development does not detriment the character and appearance of the countryside in terms of siting, design, size or finish of buildings. Consideration shall also be given to Environment Policy 3 where development will not be accepted if it results in loss or damage to woodland, and the ancient monument shall be judged against Environment Policy 40 where development will not be permitted which would damage, disturb or detract from it or harm the setting thereof. - 4.3 Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
4.4 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. - 4.5 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). - 4.6 Environment Policy 20: There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy. - 4.7 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, cavitywall construction should not be used.
4.8 Environment Policy 40: Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Braddan Parish Commissioners - no objection (16/04/2020). - 5.2 Department of Infrastructure Highway Services - Do not oppose subject to condition restricting the use of the facilities to private only (29/04/2020). - 5.3 DEFA Forestry - Do not oppose subject to condition requiring the Construction Exclusion Zone to be erected and maintained throughout until the duration no the works to ensure the woodland copse is protected (15/04/2020). - 5.4 Manx National Heritage - Do not oppose subject to condition (09/06/2020)
6.1 There is extant approval for a barn and manège at the site. There is no net change in the level of development proposed which remains for a barn and manege, albeit now seeking a reconfiguration of their positioning. The ultimate test as part of this application is determining whether there would be any new or adverse impacts beyond that already approved, and
whether there would be any new harm to the AHLV or any adverse impacts to the ancient monument or adjacent woodland.
6.2 The barn building proposed matches exactly the size and design of that building previously approved and its repositioning remains contained within same site area. The new siting is slightly closer to the eastern boundary although not so far removed from PA 17/00855/B particularly in wider visual terms as to result in any new or adverse visual impacts beyond the building already approved and is therefore considered acceptable. - 6.3 The change to the siting of the manège is most notable, the applicant and agent have explained that its relocation closer to the main house is to better aid the safety of the riders using the manège. While it is agreed that this is a less isolated position compared with the previous approval, the main dwelling remains at a level lower than the manège and between which sits a detached garage, and for both these reasons it could be argued that there is still limited visibility of any rider using the facility. - 6.4 The site of the proposed manage is 8m from the boundary of the woodland copse, a sufficient distance coupled with a CEZ which is expected to protect their roots and longevity. Here the land is the most level although still has a steady incline northwards. To the west the field slopes steeply upwards where the ancient monument sits at the brow of the hill. The creation of the manège will requires the cutting into the land to form a level riding facility, the closest edge of the manège will sit approx. 70m from the monument and the excess spoil is to remain on site and re-distributed adjacent to the proposed barn and amongst existing spoil heaps. - 6.5 Manx National Heritage (MNH) have explained that agricultural practices appear to have avoided disturbing the monument and although not easily seen from the road, the mound is still very prominent on account of it being located at the highest point in the field. The proposed manège is to sit 70m east of the monument and at a level cut into and considerably lower. This arrangement will seek to limit any substantial views of the manège from the monument or from across the field and views from public perspective will be limited due to the topography and roadside vegetation. The development remains reasonably clustered around the existing house and built development and it is not considered that its development here would significantly adversely affect the setting of the monument, bring harm to the countryside landscape nor result in any substantial negative net change to the harm already accepted to the AHLV compared with the previous manège approval. - 6.6 The soil classification here is A3 with a level 3 /4, this type of soil is best recognised as being for cattle or sheep grazing. The land is used by the applicants for horse grazing and a manège facility would not be incompatible and would not result in any significant or unacceptable loss of level 3/ 4 agricultural land. - 6.7 MNH brought attention to the monument acting as a magnet for the potential of secondary burials, while there were no obvious crop marks, the mound may continue to have archaeological potential. For this reason any groundwork's undertaken for the manège must have archaeological supervision and heavy earth-moving vehicles shall only operate from within the development site and not outside of the footprint of the manège. CONCLUSION
7.1 Subject to the necessary conditions (restricting the use to private only as this is the basis on which the application has been considered, for the installation of a CEZ to protect the trees and a condition for the necessary archaeological supervision for construction works) the application is not considered to be in conflict with the provisions of Environment Policies 1, 2, 3, 19, 20, 21 or 40 and is supported.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted……….... Committee Meeting Date:…13.07.2020
Signed :………L KINRADE………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 20/00361/B Applicant : Mike & Ann Atkinson Proposal : Erection of barn and equestrian manege Site Address : Land Adj To Seaview
Oak Hill Port Soderick Isle Of Man
Planning Officer : Miss Lucy Kinrade Presenting Officer As above
Further to the report another condition was recommended taking into account the extant approval for a barn and manege already at the site and which is still within its 4 year implementation period. To safeguard that only one barn and one manege is developed at the site a suitably worded condition was recommended:
There shall only be one barn and one manege erected and constructed on the land shown red and blue on drawing number 227/001 date stamped 26 March 2020.
Reason: The application is intended to be an alternative to 17/00855/B and to ensure that only one planning approval is implemented in the interests of the visual amenities of the area.
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