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Application No.: 17/00853/B Applicant: Wendy Odette Potts Proposal: Erection of double stables and adjoining haybarn Site Address: Field 214380 Sandygate Ramsey Isle of Man Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.09.2017 _________________________________________________________________
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: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.
Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
This approval relates to drawings referenced (03)001, (03)002, floorplan and elevations date stamped 10th August 2017.
Additional Persons _____________________________________________________________________________ Officer’s Report APPLICATION SITE
1.1 The site is a roughly square area of land measuring approximately 40m by 30m. It lies adjacent to a residential dwelling known as Upper Ballacrye which is accessed from a private lane approx.230m long that serves a number of properties. PROPOSAL - 2.1 Proposed is the erection of detached stables building to be used in conjunction with Upper Ballacrye dwelling house. The building would be located 60m to the south of the property and separated from the residential curtilage by mature planting on the boundary and timber fencing.
2.2 The size of the building and apron would measure 10m long x 7.2m wide. The built aspect would be two conjoined buildings in an 'L' shape, splitting the barn from the two stables. The barn part would measure 3.6m x 7.2m and have an opening 1.8m wide x 2.2m high on the east elevation for the storage of feed, bedding, associated equipment and tools for the upkeep of the animals and field. to provide stabling for animals. The stables aspect would be 7.2m long and 3.6m wide with stable doors on the north elevation. Both buildings would have a jointed roof measuring 2.2m to the eaves and 2.9m to the ridge. - 2.3 The building would be constructed of a timber frame and cladded with treated timber shiplap boards. The pitched roof would be coloured black, coated corrugated 'onduline' sheets with one clear sheet per stable at the rear pitch. The field is currently used for grazing of the owners 2/3 horses and ponies.
3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;
3.2 15/00545/B - Erection of a building to form three stables with feed and bedding store and creation of field access. Approved. This application was for a three bay stable with tack room and a newly created access to the field from the lane. The access to the field necessitated (it has already been carried out) the removal of part of a sod bank 4 metres wide. This building would be constructed out of metal sheeting with a brickwork base and a natural grey fibre cement roof. Although elevations and a roof plan have been provided, no floor plan was shown. Whilst it was deduced from the other plans what the floor plan will be like, In this instance it is acceptable that this be submitted as a condition of any approval prior to any works commencing. - 3.3 15/00160/B - Erection of an agricultural storage building with field access and hardstanding. Refused. This application was for a building which was to be 15.3 metres by 6 metres with a ridge height of 3.8 metres. No agricultural justification was provided with the submission. The application was refused for the following reason:
'The Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside of areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent unwarranted development that is detrimental to
the amenity of the countryside contrary to the provisions of General Policy 3, part (f) and Environmental Policy 1 & 15 of the Isle of Man Strategic Plan 2007.'
4.1 In terms of land use designation the application site is located within a wider area of land that is designated as white land on the Town and Country Planning (Development Plan) Order 1982 and is not zoned for development.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
4.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 Environment Policy 1 states: "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." - 4.5 Paragraph 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 the 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 groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
4.6 Environment Policy 15: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended." - 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, cavity-wall construction should not be used.
REPRESENTATIONS
5.1 Jurby Parish Commissioners had not commented at the time of writing.
5.2 Highways Services have commented and confirm there is no Highways Involvement in the proposal (18/08/17). ASSESMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the visual impact of the proposed development on the character and appearance of the countryside in terms of siting, design, size or finish. (ii) whether the proposal would adversely affect the countryside.
6.2 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1 and General Policy 3 of the Strategic Plan. There are exceptions to this presumption with respect to equestrian buildings which are set out in Environment Policies 15 and 21, with the latter carrying more weight in this instance. EP15 is less applicable since it refers to only agricultural and horticultural buildings.
6.3 As previously identified EP 21 is the most relevant planning policy in the determination of this application. This essentially indicates that no stable building will be allowed if it would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. - 6.4 The proposed building has been revised from its previous approval to reduce the size, height and footprint. The revised design is now constructed from a timber frame and cladded with horizontal timber boards which would sit under a black pitched corrugated roof. The proposal does not involve any cavity walling or block work construction.
6.6 The size and finish of the barn will help reduce the impact and whilst not being visible from the Main Highway is not considered to have a detrimental impact which would adversely affect the character or quality of the landscape to such an extent to warrant a refusal. - 6.7 As such, it is considered that the proposal manages to satisfy the key tests of Environment Policy 21, even if it does represent an 'isolated' building as presumed against by EP15. With this in mind, a condition requiring the building's removal and the land returned to its current condition should the building cease to be used for the approved use would, in this case, be appropriate.
RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 15.09.2017 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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