5 April 2019 · Committee
Cabbyl Ushtey, Ballagilley Farm, Gooseneck Road, Hibernia, Ramsey, Isle Of Man, IM7 1ep
The application sought to amend an earlier planning permission (13/91106/B) for a stable block at Ballagilley Farm, off Gooseneck Road, Hibernia. Rather than the approved L-shaped block in rendered concrete with a slate roof, the applicant proposed an agricultural-style building with a footprint of approximately 23.64m by 14.59m, eaves at 3.6m and a ridge height of 5.5m, finished in Yorkshire boarding, concrete panels and metal sheeting with a fibre cement roof. The building accommodates six stables, a tack room, tool shed, disabled toilet, feed store and hay/bedding store. The site access and exercise arena from the earlier permission had already been implemented. The key planning issues were the building's design and materials in a countryside setting, its impact on local amenity under Environment Policy 19, and the effect on neighbouring residents. The officer concluded that the revised design would not unacceptably harm the character of the surroundings and would not cause significant adverse impact on neighbours, finding the proposal compliant with the relevant policies.
The Planning Committee approved the application because the revised building design and materials were judged not to harm the character of the area or its surroundings, and the development would not significantly affect the living conditions of neighbouring residents. The principle of equestrian development on this site had already been established by the earlier permission, and the current proposal did not alter that assessment.
General Policy 2
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
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
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).
Environment Policy 20
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.
Environment Policy 21
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.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The stables and the external arena shall be for private equestrian use only and shall not be used at any time for any commercial or private livery use.
Condition 3
No external lighting shall be erected or installed on the site or buildings associated with the stables and the external arena, hereby approved.
Condition 4
Prior to the occupation of the stable building, hereby approved, the access shall be constructed in accordance with the access approved under planning permission ref: 13/91106/B. The visibility splays identified on Drawing No.22/A - 'Block Plan', date-stamped as having been received 27 September 2018, shall be kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.
