Officer Report and Recommendation

Officer's Report

Application No.:	12/00405/B
Applicant:	Mr & Mrs Peter Evans
Proposal:	Erection of stables
Site Address:	Jemmy Dans St Judes Road Andreas Isle Of Man IM7 3HF
Case Officer:	Miss Melissa McKnight
Photo Taken:	05.04.2012
Site Visit:	05.04.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises the curtilage of a parcel of land within the curtilage of 'Jemmy Dans', a traditional Manx cottage with a rear and side extension sited on the western side of the A17 St Judes Road, Andreas. The application site is north of St Judes crossroads and south of Andreas village.

1. Jemmy Dans is finished in a traditional Manx stone painted white and has a mix of timber and PVC windows throughout. The side extension is finished in brickwork painted white to match the existing. The current dwelling has parking provisions for two vehicles on site at the front elevation opening up out onto the highway. There is a further area of hardstanding to the north of the dwelling with parking provisions for more than three vehicles.

1. The application site is fairly screened from the highway and neighbouring properties within the locality. The north boundary of the application site comprises large areas of trees as is the same with the south boundary. 18 metres north of the application site is a stream that runs in front of a belt of tree boundary. The application site is behind the existing dwelling that is open to the highway, with large trees on all elevations.

The Proposal

1. The proposal comprises the erection of stabling facilities providing two stables, a tack room and barn area.

1. The proposed stables are to measure 9.5 x 9 metres with a height of 3.4 metres and will be erected 21 metres north west of the existing dwelling.

1. The proposed stables are to be finished in a timber wall cladding in shiplap style boarding. The roof is to be finished in bitumen based corrugated sheeting by Onduline in a green finish with three roof lights in transparent sheeting in the west elevation roof pitch. The floor will be a concrete floor raft with course brickwork over.

1. The proposed stables will require a new or amended supply of electricity and water.

Planning History

1. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

PA 08/00488/B: Alterations and conversion of attached store to additional living accommodation. This previous planning application was permitted.

Planning Policy

1. The application site is not designated for any site specific purpose but is in an area recognised as "open space" not zoned for development, under the Isle of Man Development Plan Order 1982. There are no policies specifically material to this planning application.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

Environment Policy 7 states:

"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species".

Paragraph 7.15.1 states:

"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."

Environment Policy 19 states:

"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"

Environment Policy 21 states:

"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 that 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

1. Andreas Parish Commissioners have no objections to the planning application.
2. The Highways Division have no objections to the current planning application.
3. The Isle of Man Water & Sewerage Authority has no objection to the current planning application. A Flood Risk Assessment was submitted, of which the Authority finds acceptable and don't wish to make any further comments on this application.
4. The Owners/Occupiers of Melrose Cottage have made a representation objecting to the planning application regarding a number of issues which have been summarised below:

1) The location plan does not show the proximity of Melrose Cottage. 2) The proposed building sits on the skyline of the field; this would spoil the uninterrupted view of the hills and countryside. 3) The plan submitted fails to display the different site levels of land. 4) There is no provision for the disposal of any animal waste/wash down. This gives great concern to possible pollution of the stream and the appellants' field. 5) The proposed soak way to be positioned at the lower end of the site which is of a major concern due to the proximity to the stream that flow into the Lhen Trench. 6) This building would be highly visible from the highway southbound of the A17 and spoil the open view of the landscape and views to the south. 7) The appellants are not against this type of development, but feel very little consideration has been given to its location and suggest an alternative site could be found on the said property which is less intrusive.

Consultations

1. The Department of Environment, Food and Agriculture (DEFA) were contacted to request their comments on the proximity of the soak away to the stream. Fisheries have no issue where the proposed stables are to be placed as all works are well over 8m from the watercourse. In regards to pollution, DEFA made the following comments:

"The applicant does not require a discharge licence for surface water / rainwater run-off to a watercourse.

They would require a licence for foul/treated effluent to go to a watercourse but that does not seem to be the case here according to the forms i.e. rainwater not foul sewage is supposed to be going to soakaway, according to forms.

If at a later date they do pollute the stream by allowing animal faeces to be washed into the stream, that is another issue, as they would be causing a pollution under the water pollution act 1993. Of course we have no evidence this will happen, other than the neighbour's concerns.

In short they do not need a licence for this as it stands and we have no comments on this."

Assessment

1. Given the nature of the planning application and the nature of development proposed, it is imperative to assess the application against each relevant policy in order to thoroughly consider the impacts of the proposal with the provisions of the specific relevant policies.

ENVIRONMENT POLICY 7

1. The application site is 18 metres south of an existing stream, and given that the application shows a new proposed soakaway, the provisions Environment Policy 7 are imperative to consider given the nature of this current planning application.

1. There are to be no environmental issues relating to the planning application. All proposed building works are well over 8 metres from the existing watercourse and therefore the proposal is judged not to cause demonstrable harm to the nearby stream.

1. A risk assessment was conducted in which the results showed that there would be no adverse impacts caused upon the watercourse north of the application site due to the incline of the field and the proximity of the stream from the siting of the proposed stable structure.

ENVIRONMENT POLICY 19

1. The application site benefits from a substantial level of screening from the highway and nearby neighbouring properties. This level of screening however does not fully provide complete screening and as such it is likely that partial views of the proposed stable block would be visible from the A17 heading southbound and to the residents of Melrose Cottage. The scale and form of development proposed along with the materials to be used is relatively modest and would limit the impact on visual amenities to an appropriate form.

1. The application site is sited in an area of Class 3/4 Agriculture land use and thus the proposed stable block would not result in the loss of high class agricultural land.

1. The proposed stable block is to be used for private use and not commercially; thus there will be no over intensive use of journeys to and from the site.

ENVIRONMENT POLICY 21

1. Given the position of the proposed stable block and the relatively low height of the development, it is considered that there will be no adverse impact on the character and appearance of the countryside. The proposed development will only partially be seen heading southbound along the A17. When the belt of trees of the boundary treatment is in full leaf, it is very unlikely that the proposed stables will be seen from the public thoroughfare.

1. The land at which the proposed stable block is to be sited is sufficient enough to accommodate the erection of the proposed stable block without compromising the amenities of the local residents of Jemmy Dans. The proposed stable block will not be isolated and will be relatively close to the existing dwelling. The current field on the land are separated by wooden fencing, portraying an equestrian feel to the site.

1. The proposed development is considered appropriate in terms of the materials to be used in the construction. It is clear from the submitted drawings that the design and finish would be sympathetic to its setting; that it reflects its specific purpose and that the scale of the proposal would be relatively minor within the site it is to be erected. The design and materials to be used replicate that of a traditional stable/barn block.

1. A representation was made by the Owners/Occupiers of Melrose Cottage raising a number concerns that they had in relation to the current planning application. Their points contributing to their objection will be addressed point by point with this paragraph:

1) Although the location plan does not show the proximity of Melrose Cottage, the Planning Department have maps available showing the location of all properties which enables us to determine their relation to an application site. This point raised is not considered sufficient to warrant refusal of the application.

2) From a site visit, the level of significant screening and the height of the proposed stable block it was considered that the proposed stable block would only be partially visible from Melrose Cottage. Melrose Cottage is at a substantial distance from the proposed stables thus not to have their view views of the hills affected.

3) Even though the plans submitted fails to show the different site levels of land, The 1982 Isle of Man Development Plan shows areas of high landscape or coastal value and scenic significance and this site has not been identified in such an area. From a site visit it was evident that the siting of the proposed stable block is to be erected on a relatively flat section of the field.

4) In regards to the pollution and location of the soakaway (points 4 and 5). After consulting with Fisheries, the soakaway and development is well over 8 metres away from the watercourse and therefore poses no problem. In terms of pollution, the Department of Environment, Food & Agriculture were contacted to request their comments on the proposal. There is no evidence that foul/treated effluent will enter the watercourse and cause pollution.

5) The visibility of the proposed stable block from the highway has been addressed in paragraph 21 of this report.

6) From assessing the drawings, and after a site visit, the proposed location of the stable block appears to be in an appropriate location.

1. Overall it is concluded that the planning application is in accordance with Environment Policy 7, Paragraph 7.15.1, Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2007.

RECOMMENDATION

1. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority, Andreas Parish Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

1. The owners of Melrose Cottage are close to the application and as such should be afforded party status in this case.

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

Isle of Man Water & Sewerage Authority

Department of Environment, Food and Agriculture

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the erection of stables relates to Drawing No. PE/1/12 date stamped 5th April 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 14-5-12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: Samuel Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager