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Application No.: 20/01096/C Applicant: Grenaby Estates Limited Proposal: Additional use of land as recreational activity space Site Address: Ballacooiley Dollagh Ballaugh Isle Of Man IM7 5AS Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 05.11.2020 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The additional use of the land to recreation would have material harm on this part of the countryside and AHLV contrary to EP1,2,22, for which there is no overriding justification to set aside the presumption against development in the countryside in accordance with SP5, GP3(g) and is recommended for refusal.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is part of field 224553 (8.7 acres) that sits to the north of the internal access road to the holding of Ballacooiley - a farm holding to the west of the Dollagh north of Ballaugh village. Access is via a long driveway which passes a small number of dwellings and a sewage treatment works before accessing onto the A10. - 1.2 The site identified in red (approx. 20mx20m) is broadly level, laid to grass, and is generally hidden from view by the surrounding topography and existing established woodland.
1.4 The entrance to the site is a little distance from the road and there are two means of accessing the main highway separated by a triangle of grass. At the time of the site visit there was a one way system operating so that vehicles enter the area from the southern access and exit by the one slightly to the north.
2.1 Proposed is the additional use of land as recreational activity space. - 2.2 The applicant states on the application form, "We propose to use one of the nonagricultural fields at Ballacooiley for recreational laser clay pigeon shooting for private events and bookings. Says/ hours of operation will vary depending on demand (Monday to Sunday 9am-6pm), occasional evenings if demand). Customer numbers will vary but will be small groups or individuals (6 shooting at any one time). There will be one member of staff, with an additional member of staff to assist if required. We would have temporary toilet facilities if an event was taking place". - 2.3 Accompanying the application is a planning statement which was used for a previous application (para.4.1) and is in conflict with what this application is seeking with regard to the land edged in red and blue for consideration and what the details of what this proposal is seeking. - 2.4 Also included is some trade literature and further technical details about Laser Clay Pigeon Shooting highlighting the uses whether for indoors or outdoors, is a compact system that would fit in the boot of a car, which consists of five Lasersport guns, a digital score board, and automatic clay launcher, reusable fluorescent clays for daytime use and luminous clays for night-time use and the Lasersport SMART system for indoor use. It is noted the shotguns are de-activated and "fire" a laser beam when the trigger is pulled and works on radio transmitters linked to the score board. The noise emitted is from the score board which has a volume control to emit a digital recorded bang when the trigger is pulled and a smash when the target is hit. The volume can be set for its surroundings. The clays are launched from a automatic clay launcher which holds 55 clays of various colours and is managed by one operator with a hand control unit. The use of the equipment can be for fun, recreational or as a competitive sport for all ages.
3.1 In terms of local plan policy, the application site is within an area designated as part white land, or countryside and part woodland on the 1982 Development Plan. The site is also further designated as a site of Area of High Landscape and Scenic Significance. - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 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. - 3.4 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: (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; - 3.5 Environment Policy 1: 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.
3.6 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:
3.7 Environment Policy 22 (in part): Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution. - 3.8 The Strategic Plan addresses the requirement for recreation in Chapter 10, where it states; at 10.3.1; The presence and use of various forms of Open Space in towns and villages on the Island form an integral part of the fabric of community life. Open Space takes various forms and serves many purposes. It ranges from formally laid parks to the wide and extensive public footpath network including Raad Ny Foillan and Millennium Way. - 3.9 Recreation Policy 1: Area Plans should incorporate an assessment of the indoor and outdoor sport and recreation needs of the plan area, and the wider context and include proposals to: o retain existing sporting facilities and open space provision unless alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; o identify suitable sites to make good any deficiency in provision both for existing and future residents of the area; and o ensure appropriate provision is made as part of any proposed residential development, in accordance with the Open Space Standards set out in Appendix 6 to the Plan, related to the needs generated by the development, unless the specific housing provision within the development justifies a reduced provision in relation to specific types of open space requirement. - 3.10 Other material Considerations; The Department of Children, Culture and Sport has a Strategy for Sport 2014- 2024.
This includes a commitment to ensure that children and families have more accessible opportunities to participate in sport, so as to help improve their quality of life and prevent antisocial behaviour.
3.11 The Department for Enterprise promotes the Isle of Man Destination Management Plan 2016- 2020. This acknowledges the importance of tourism, and encourages the promotion of new visitor experiences, as well as protecting the countryside and footpaths which already attract visitors.
4.1 20/00227/B - Use of fields for equestrian purposes including the erection of temporary marquee annually from 1st April to 30th September. Approved with conditions;
Reason: in the interests of the character and appearance of the site and to prevent unwarranted structures remaining in areas not designated for development.
Reason: to ensure free and safe use of the highway and to protect the living conditions of those in neighbouring properties.
5.1 Ballaugh Parish Commissioners wrote (26/10/20) to object on grounds of highways safety as the junction is a danger for road and pedestrian users; a commercial venture is not in keeping with the area; impact on the neighbours through noise and traffic; Note, Ballacoooiley is being used as a wedding venue and recently had a wedding fair, in breach of the previous approval for a hospitality marquee for polo events only. (The latter part has been reported to the Departments Planning Enforcement team on 5/11/20 to investigate) - 5.2 Highways Services have commented (20/10/20) and do not object. 6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
i) the principle the proposed (SP5, GP3f, RP1) ii) impact on the character and quality of the countryside (EP1 & EP2, EP22) Principle
6.1 Spatial Policy 5 seeks that new development should be within the defined settlements, whilst the site is within the wider catchment of Ballaugh Parish, it sits to the north of the village in a rural area outside those areas defined as residential on the 1982 Development Plan. The site is agricultural by its definition on the Development plan but it is noted the application forms at section 10a,b refers to the land designation as "Equestrian/ recreation".
6.2 For clarity, The Town and Country Planning Act 1999, Section 45, defines; "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly". The keeping of horses on the fields for grazing purposes would fit within the scope of the Act and the land is deemed agricultural. - 6.3 Confusion may have occurred given the previous permission, defined in para.4.1, for the use of the fields for equestrian purposes, in this case polo matches for approximately 12 polo events per year as per planning condition 2 and the marque erected on site from1st April in any year and retained until no later than 30th September as per condition 1. However this is
7.1 For the above reasons, it is concluded that a change of use to recreation would have material harm on this part of the countryside and AHLV contrary to EP1,2,22, for which there is no overriding justification to set aside in accordance with SP5, GP3(g) and is recommended for refusal. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 06.11.2020 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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