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Application No.: 24/00015/B Applicant: Mr Gary & Mrs Catherine Harrison Proposal: Erection of stable building and additional use of surrounding land for equestrian purposes Site Address: Part Field 124359 Bride Road Andreas Isle Of Man Planning Officer: Toby Cowell Recommended Decision: Permitted Date of Recommendation: 09.05.2024
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided and its subsequent retention without that need would result in an unwarranted stable building in the countryside.
Reason: The application has been assessed on this private use only as requested in the application for the stabling of horses and keeping of equipment and feed in association with the horses.
Reason: To ensure proper control of the development in the open countryside and to reflect the information provided in the application.
This application has been recommended for approval for the following reason.
The principle of a stable block and additional use of the land for equestrian purposes is considered to be acceptable, whilst the design, scale, form and layout of the proposed development is also deemed to be appropriate in the context of the site's rural location, without detriment to the character and appearance of the wider landscape. The proposals further raise no material highway safety concerns. The application is therefore considered compliant with General Policies 2 and 3, Environment Policies 1, 14, 19 and 21 and Transport Policy 4 of the Strategic Plan (2016).
Plans/Drawings/Information; This approval relates to drawings and documents referenced;
Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site comprises a portion of Field no. 124359, a triangular shaped parcel of land situated on the northern side of the Burma Road (A17) linking Andreas (south-west) with Bride (east). The site extends to circa. 1.6 hectares and includes a small length of land within Field no. 124359 which leads to and includes the entrance into both fields from the main road. The entrance onto the road comprises a small break in the roadside hedge with an upward slope from the road into the field where a series of fences demarcates each separate ownership. A Manx sod hedge with gorse forms the roadside boundary for the entirety of the site's length. - 1.2 The site contains and existing L-shaped stable building in the western corner adjacent to the roadside, which appears to have been in situ since at least 2010. Whilst no planning permission exists for this building, it would appear that this structure would now be immune from enforcement action due to the passage of time exceeding 10 years. It is understood that the site is presently used for the grazing of horses.
2.1 Planning permission is sought for the erection of a replacement L-shaped timber stable building adjacent to the existing stable block, comprising maximum dimensions of 12.265m in width and 10.848m in depth. The block would comprises a total of 5 stables and incorporate a conventional dual-pitched roof made from Onduline black sheeting. The walls would be constructed from timber with no cavity walls or blockwork. The eaves level of building would extend to 2.2m with a ridge height of 3.1m. - 2.2 The submitted planning statement notes that the site already accommodate horses with a total of 4 horses anticipated to be kept on the site following the relocation of the applicant's other horses from another site. The proposals further include the formal change of use of the land from agricultural to equestrian purposes, given that the grazing of horses does not constitute an agricultural use in accordance with the definition. - 2.3 Although the application references an existing stable on the site it is noted that this does not benefit from planning approval and the application has been considered as such.
3.0 PLANNING HISTORY - 3.1 None.
4.0 PLANNING POLICY - 4.1 The site falls outside of a defined settlement within the countryside and therefore an area not zoned for development in accordance with the 1982 Development Plan. The site is not within a Conservation Area or an area identified to be at risk of flooding. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy
Spatial Policy 5 Development in the countryside only in accordance with General Policy 3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 15 Development of agricultural buildings in the countryside 19 Equestrian development in the countryside 21 Development for stabling or shelter of animals in the countryside
Transport Policy 4 Highways safety
4.3 In the absence of specific Manx guidance, the 'Code of practice for the welfare of horses, ponies, donkeys and their hybrids' (December 2017) produced by the UK Department for Environment Food and Rural Affairs (DEFRA) is given material weight in the determination of this application. Although it should be noted that DEFA have recently consulted on a series of animal welfare codes and it is anticipated that the codes of practice when agreed will be laid before Tynwald, should the Animal Welfare Bill 2023 gain Royal Assent. The content of the Animal welfare code of practice for horses, ponies, donkeys and their hybrids is largely the
same as the England Animal Welfare Code of Practice for horses, ponies, donkeys and their hybrids.
5.0 REPRESENTATIONS - 5.1 Andreas Parish Commissioners - No objection. (09.02.24) - 5.2 Highway Services - Development would have no significant negative impact upon highway safety, network functionality and/or parking, as the use of the existing access is acceptable for the proposals. (02.02.24)
6.1 The site falls within the open countryside and an area not zoned for development within the Area Plan for the East. There is a general presumption again development in the countryside with development to be focused towards defined settlements in accordance with Spatial Policy 5. Development will only be permitted in the countryside in accordance with the exceptions outlined in General Policy 3, one of which includes 'building and engineering operations which are essential for the conduct of agriculture or forestry'. - 6.2 Whilst the proposals do not strictly conform to the definition of agriculture, Environment Policy 19 does allow for the development or equestrian activities and buildings within the countryside where there would be no loss in local amenity and no loss of high quality agricultural land (Classes 1 and 2). Likewise, Environment Policy 21 adds that 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. - 6.3 With regards to the preservation of high quality agricultural land, Environment Policy 14 states that development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. - 6.4 In this instance, it is recognised that the site amount to Class 2 agricultural land and therefore conforms falls within the category of 'high quality' agricultural land as defined by Environment Policy 14. The proposals will in reality remove an existing block (albeit without the benefit of planning approval) and replace it with one of a largely comparable size and footprint. While on this basis in terms of built development versus agricultural land, there would be not meaningful net loss as a result of the proposals. Notwithstanding the aforementioned, in terms of purely new built development the erection of the stable building is not considered to result in irreversible loss of agricultural land. - 6.5 Likewise, whilst the application seeks a formal change of use of the land from agriculture to additional use as equestrian, the land in question would be used for the purposes of grazing which is akin to a traditional agricultural use in the context of the grazing of livestock for food consumption. The additional use of the land to equestrian purposes would not amount to a 'permanent' or irreversible loss of high quality agricultural land in this instance, and therefore would not conflict with the provisions of Environment Policy 14. - 6.6 Moreover, the principle of introducing equestrian development and associated activities is supported by Environment Policy 19, subject to conditions in relation to loss of amenity, agricultural land and highways conditions; all of which are discussed later in this report. Given the relatively modest nature of the proposed development and the fact that it would replace an existing structure used for the same purpose, it is considered that the development has been sufficiently justified in the context of housing circa. 4 horses.
6.7 It is further recognised that the site is already being used for the care and grazing of horses, and indeed this use has been occurring for a number of years (albeit likely on an unauthorised basis). On evidence supplied it is deemed that the existing stable block is almost certainly now immune from any enforcement action, and in any case is not readily visible in the context of the adjacent highway for the majority of the year. By extension, the replacement stable block would also not be readily visible in the same context due to the presence of the Manx sod bank and mature hedgerow, and therefore its impact on the character and appearance of the same would be limited. - 6.8 The design, scale and form of the stable block is considered to be traditional, uncomplicated and sympathetic in the context of its rural location, with the extensive use of timber welcomed. The absence of a cavity wall and blockwork is also noted and further demonstrates that the stable block would only be used for its intended purpose. From a wider landscape perspective, only fleeting views of the stable block would likely be possible from a narrow track bounding a small portion of the site to the north, sited circa 180m from the stable block. In any case, mature vegetation along this boundary would further prevent any realistic views throughout most of the year, and therefore the development's impact in this regard is considered to be largely immaterial. - 6.9 From a highways perspective, the proposals would make use of an existing field access onto the main road which already serves the current stable block. No objections have been raised by Highway Services on this basis. - 6.10 In summary, the development is considered to be of a reasonably modest scale and such that it would not result in a demonstrable level of harm upon the character and appearance of the wider landscape. The stable block is considered to be of an appropriate design, scale and form, and indeed would replace an existing structure of poor form and construction. The proposals would provide more suitable housing for the applicant's horses whilst allowing for a consolidation of their animals on one site to be reared and cared for. Likewise, no concerns have been raised from a highway safety perspective. On this basis, the proposals are considered to be appropriate in the context of the site's countryside location and sufficiently justified, thus complying with General Policies 2 and 3, and Environment Policies 1, 14, 19 and 21.
7.1 The principle of a replace stable block and change of use of the land to equestrian purposes is considered to be acceptable, whilst the design, scale, form and layout of the proposed development is also deemed to be appropriate in the context of the site's rural location, without detriment to the character and appearance of the wider landscape. The proposals further raise no material highway safety concerns. The application is therefore considered compliant with General Policies 2 and 3, Environment Policies 1, 14, 19 and 21 and Transport Policy 4 of the Strategic Plan (2016). The application is therefore recommended for approval. - 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 the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 16.05.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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