15 February 2011 · Committee
Field 510499, Ballavartyn Road, Santon, Isle Of Man, IM4 1ht
The proposal involved erecting a new equestrian arena, stabling blocks, a horse walker, storage sheds, an external manège, and a horse exercise track across several fields adjacent to Ballavartyn House, Santon. A new vehicular access onto the A5 and an internal access road with a minimum width of 6.3 metres were also proposed to serve the development, with the Highways Division satisfied that parking provision and traffic arrangements were adequate for both local and national events. The central planning issue was whether the scale of the development would harm the rural character and appearance of the area, with policy EP20 generally presuming against large-scale equestrian developments in sensitive landscapes unless exceptional circumstances apply. The upper parts of the manège building were identified as potentially visible from viewpoints to the west and north-west, but the overall landscape impact was judged to be limited. A substantial landscape scheme proposed as part of the application was considered capable of concealing the development from view and weighed in favour of approval. The Planning Committee and the Minister both acknowledged the issues were finely balanced before concluding that approval was justified.
The key issue was landscape impact in a rural setting. Although parts of the building would be visible from some viewpoints, the general impact on the landscape was judged limited, and a substantial landscape scheme was considered sufficient to help screen the development. On that basis, the Planning Committee approved the application, with the Minister concurring that the balance fell in favour of permission.
presumes against large scale equestrian developments within AHLV
exceptional circumstances may override
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.
requirements for the design and construction of equestrian buildings
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.
General Policy 3
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: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to the erection of a new equestrian arena, stabling blocks, horse walker, storage sheds, external manège, horse exercise track and creation of new vehicular access to main road and new access road, Fields 510499, 514329, 510474, 510470, 510504 and 510460 adjacent to Ballavartyn House, Ballavartyn Road, Santon as shown by K221/P/10-01, K221/P/10-02, K221/P/10-03, K221/P/10-04, K221/P/10-05, K221/P/10-06, K221/P/10-07, K221/P/10-08, K221/P/10-09, K221/P/10-10, K221/P/10-11, K221/P/10-12, K221/P/10-10 13, K221/P/10-14, K221/P/10-15, K221/P/10-16, K221/P/10-17, K221/P/11-01, K221/P/1102, K221/P/11-03 and K221/P/12-01 all received 9th November 2010.
Condition 3
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the use of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 4
Prior to the commencement of works, there must be submitted to and approved by the Planning Authority a plan which shows additional planting to protect the amenity of the property Cronk Froy. Development may only take place in accordance with the approved drawing. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the use of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 5
No part of the equestrian facilities approved by this permission may be used until the access and roadway have been constructed in accordance with submitted drawings K221/P/1005 and K221/P/10-06
Condition 6
The approved development shall be used only for equestrian use.
Condition 7
Construction traffic relating to the approved development shall only access the site in accordance with Paragraph 8.7 of the submitted document Combined Design Statement unless otherwise agreed in writing with the Planning Authority.
Condition 8
Notwithstanding the lighting indicated to serve the external arena, no approval is granted or inferred by this permission for the installation of any external lighting to serve the development. Any proposed lighting must form the basis of a separate planning application.
