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Application No.: 18/00525/B Applicant: Mr Daniel Hall Proposal: Erection of a building to provide stables, storage of agricultural equipment and feed, construction of an outdoor equestrian exercise arena, jump store and hard standing Site Address: Field 530570 & Field 530569 Scollag Road Opposite Upper Sulby Farm Hillberry Onchan Isle Of Man Planning Officer: Mr Owen Gore Photo Taken: 03.10.2018 Site Visit: 03.10.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.05.2019 _________________________________________________________________
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: Due to the location of the site in the open countryside and the nature of the access to the site the Department does not consider the site suitable for anything other than private use in accordance with General Policy 3, Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2016.
Reason: The building has been approved to meet the equestrian need of the applicant and its subsequent retention would result in an unwarranted intrusion in the countryside in accordance with General Policy 3, Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2016.
Reason: In the interests of the character and appearance of the site and surrounding area in accordance with Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2016.
Reason: To ensure the provision of an appropriate landscape setting to the development, in the interests of the character and appearance of the site and surrounding area in accordance with Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2016.
Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 3, Environment Policy 19 and Environment Policy 21 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This planning permission relates to the following plans and documents: Proposed Elevations 1, 2 & 3 Proposed Floor Plan DC Solar Photovoltaic Panel Spec Date-stamped as having been received 17 May 2018 Location Plan Site Plan Date-stamped as having been received 13 March 2019 Email dated 27 March 2019 Email dated 17 April 2019 _______________________________________________________________
Each objector has provided an address; however only one appears to have provided additional details of other land that they have an interest in. Therefore the IPS assessment has carried out on this basis.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject
matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Clearview, Lower Sulby Farm, Bayr-y-Scollag Road, Abbeylands, Onchan, IM4 5BU, as the address given does not match our records and therefore they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy.
Between the comments provided, multiple in some cases, the objections from the following properties have referred to the relevant issues in accordance with paragraph 2C of the Policy: -
No.1 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX (2 comments) Dragonfly Barn, No.3 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX (2 comments) No.4 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX (3 comments) The Old Diary, No.5 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX (2 comments) Lower Ballacashin Stables, Abbeylands, IM4 5EG (2 comments) Lilleo Farmhouse (New Farmhouse), Abbeylands Estate, Onchan, IM4 5BX
However in reference to the above, the following properties have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
No.1 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX (2 comments) Dragonfly Barn, No.3 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX (2 comments)
None of the above properties are within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE IT IS NOT A HOUSEHOLDER APPLICATION AND THE OFFICER IS RECOMMENDING APPROVAL WHEN THE LOCAL PLANNING AUTHORITY HAVE MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION ON VALID PLANNING GROUNDS; ALSO THE RECOMMENDATION IS CONTRARY TO WRITTEN SUBMISSIONS OF MEMBERS OF THE PUBLIC THAT HAVE BEEN RECEIVED BY THE DEPARTMENT, AT A LEVEL WHICH IS CONSIDERED SUBSTANTIAL.
1.1 The application site is comprised of an agricultural field to the north east of Abbeylands Estate, which is accessed via grassed farm track off of the private road that serves the estate and leading to Scollag Road. To the south east of the site on the other side of the access lane is Upper Sulby Farm and to the north is the Sulby River. - 1.2 The application site is a large sloping field which forms the side of the valley that the Sulby River sits within. THE PROPOSAL
2.1 The originally submitted proposal included the erection of a building to provide stables, storage of agricultural equipment and feed, the construction of an outdoor equestrian exercise arena, the creation of a covered lunge pen, associated hard standing and the erection of a wind turbine. The proposal was altering the use of the immediate site and the surrounding fields from agricultural to equestrian use with mix of personal and commercial use.
2.2 Following negotiations the applicant agreed to amend the proposal to remove of the commercial aspect; remove the lunge pen from the proposal; remove the wind turbine, although this is proposed to be compensated by some additional PV panels on the roof of the stables/barn; agreed to paint the stables/barn dark green; reduce the amount of hardstanding; remove the area of 'grasscrete' cutting across the width of the field; confirming that the security lighting would point downwards focused on the door; and altering the redline boundary to just cover the area of the proposed barn and arena. - 2.3 With the above amendments the assessment of the proposal has been on the basis of it being a private equestrian use on agricultural land. - 2.4 The proposed barn is approx. 3.9m tall to the pitch and 2.2m tall to the eaves; the footprint is approx. 10m x 10m and is comprised of three stables, a tack room and an area for storage. The outdoor arena will be 24m by 44m. The jump store will be a standard timber shed no larger than 3m x 3.6m, which the applicant has described 'as you would buy at a garden centre'. A composting toilet will be used on site with the waste being part of the manure management. PLANNING POLICY
3.1 The application site is located within a wider area of land that is designated as open space and not designated for any site specific purpose under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2. - 3.2 General Policy 3 sets out a number of exceptions for development outside of zoned areas of which equestrian is not included. Further information and guidance is given in respect of equestrian-related development in Environment Policies 19, 20 and 21. - 3.3 Environment Policy 1 states: 'The countryside and its ecology will be protected for its own sake. Development which would adversely affect the countryside will not be permitted unless there is an over-riding 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'. - 3.4 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 (see Environment Policy 14 for interpretation of Class 1 and 2). - 3.5 Environment Policy 20 states: 'There will be a presumption against large scale equestrian development, 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'. - 3.6 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 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, cavitywall construction should not be used'. - 3.7 Paragraph 7.15.1 of the Strategic Plan, which precedes and provides the supporting text to the above three policies, reads: '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'.
4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they wish the application to be deferred, in the letter dated 18 June 2018. The comments continue: -
As the worst case scenario, a minimum of 11 car parking spaces would be needed for up to 10 attendees of a demonstration session plus a space for the applicant who does not reside at the site. A total site parking provision of 11 car parking spaces plus 5 horse box/car with horse trailer spaces and adequate site turning space for a horse box/car with horse trailer is needed which must be shown on the revised scale plan. Parking should also be provided for any agricultural machinery or vehicles needed to maintain/operate the site….
The location plan is insufficient to identify the site's location as it does not show any road names in the area and a large enough area surrounding the site. Access to the site is unclear as the red line application boundary should show the access to the site from the public highway….
5.2 No further comments have been received from highways following the proposed changes to the proposal. - 5.3 Onchan District Commissioners have commented on this application, initially in the letter dated 12 June 2018 to request additional time to comment and in follow up comments in the letter dated 22 December 2018 they stated that they recommend that the application be refused on the following grounds: -
5.4 The following properties commented on the initial submission: -
No.1 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX Dragonfly Barn, No.3 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX No.4 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX The Old Diary, No.5 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX Lower Ballacashin, Abbeylands, Scollag Road, Onchan, IM4 5BX Clearview, Lower Sulby Farm, Bayr-y-Scollag Road
5.5 Their comments were as follows: -
5.6 The following properties commented following the submission of additional details on the 26 June 2018: -
Dragonfly Barn, No.3 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX No.4 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX Lower Ballacashin, Abbeylands
5.7 Their comments were as follows: -
5.8 The following properties commented following the submission of additional details on the 28 March 2019: -
No.4 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX No.1 Abbeylands Estate, Scollag Road, Onchan, IM4 5BX The Old Diary, No.5 Abbeylands Estate, Onchan, IM4 5BX Lilleo Farmhouse (New Farmhouse), Abbeylands Estate, Onchan, IM4 5BX
5.9 Their comments were as follows: -
6.1 As stated above in the proposal section, with the amendments the assessment of the proposal has been carried out on the basis of it being a private equestrian use on agricultural land.
6.2 With the lunge pen and the remainder of the site removed from the proposal, the applicant has confirmed that the stables and outdoor arena are for private use, which should be relatively low-key and appropriate to this location. Although the size of the works proposed is perhaps slightly larger than would normally be the case for private use, it is accepted that the proposal does not represent a 'large scale' operation; from the point of view of Environment Policy 20, 'large-scale' would normally be considered to comprise an operation with some commercial element and it is not considered that stables would readily lend the site to a commercial use, whether now or in the future. - 6.3 On that basis the presumption against 'large scale' equestrian development in areas with High Landscape or Coastal Value and Scenic Significance, as stated in Environment Policy 20 is considered not to apply. The equestrian policies, Environmental Policies 19-21 refer to the loss of amenity, the loss of high quality agricultural land, impact to the local highway network and impact the character and appearance of the countryside. - 6.4 The area of land that will directly be effected by the development i.e. its footprint, is considered not to be high quality agricultural land. The level of activity on the local highway network as a result of this development, following the removal of the commercial element, will be relatively low and whilst the farm track is not ideal, this section is located over 600m away from where the private estate road joins Scollag Road. Character and appearance of the countryside - 6.5 Environment Policy 21 refers to the character and appearance of the countryside in terms of the design of the building, in terms of the siting, design, size or finish; it also states that 'Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used'. - 6.6 The stable is proposed to be set far away from the main highway (approx. 500m); access to it is gained through the Abbeylands Estate which was previously a equestrian centre and is now a group of houses with surrounding stables and private equestrian uses. The wider site is a large sloping field which forms part of the side of a valley and is very visible in the landscape. Therefore it would not be suitable for a 'large scale' equestrian use, as per Environment Policy 20; however considering the removal of commercial use and the reduction in the overall scale of the proposal, it is considered that the private use of this site would not lead to a significant harmful impact to the character and appearance of the countryside. - 6.7 Whilst the proposed barn is large it encompasses all of the required storage for the horses and the machinery required for the maintenance of the wider site. The proposed outdoor arena is to be located behind the barn and would also be screened by new planting. With regards to the planting the applicant has stated 'The planting would be mainly hawthorn with elderflower, damson and cherry plum interspersed. These are all standard hedging plants which will provide excellent feed and shelter for wildlife as well as screen the arena, shed, yard and barn. These
applications or additional planning consents and each application is considered on its own merits.
7.1 The proposal would not unacceptably harm the characteristics of the site or the character of the surrounding countryside. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with Environmental Policies 19 and 21. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 24.06.2019
Signed : N SALT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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