Officer Report 12/01160/B

Planning Report And Recommendations {{table:21723}} {{table:21722}}

Officer's Report

Introduction

1. This application seeks approval for the installation of flood lighting to an existing horse riding arena situated within Baldrine, Lonan.

The Application Site

1. The application site comprises a field (Field Number 614732) located on the southern side of Baldrine Road, to the immediate north west of Baldrine Cottage. The horse riding arena is a recent development which received planning approval in 2010.

The Proposed Development

1. The proposed development comprises the installation of six 6 metre columns with a 400 w 'aero flood' attached. The lighting poles would be situated around the outside of the arena. The applicant sets out the following within an accompanying letter:

"I have been looking into different lighting systems for my arena. I visited the saw mill at St Johns but they don't have anything suitable and I spoke to a firm across but I don't think these are strong enough, so I have been to visit a neighbours' arena and ha has 6 x 6 metre square 4 inch box steel posts and I think these may be the best option with a 400w light on each one. I think the lights could be switched on in pairs so depending on what exercising was being done less could be used."

1. In another letter, the applicant sets out that the lights would be 400w sodium flood lights with light levels of "42000 Lm and light colour 4200k".

Planning History

1. PA 10/01576/B - Erection of stable block and all weather manage. Permitted. Conditions of this approval were as follows:

C 1.

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

C 2.

This approval relates to drawing no.s 10/2316/01, 10/2316/02, 10/2316/03, 10/2316/04, 10/2316/05, 10/2316/06, 10/2316/07 and 10/2316/08 date stamped the 25th October 2010.

C 3.

Prior to the commencement of use of the stables and manege the new vehicular access arrangements must be set out and constructed in accordance with the approved drawings.

C 4.

No permission is granted by this planning approval for the erection and use of floodlighting columns and lights shown within the submitted drawings.

Representations

1. Lonan Parish Commissioners recommend that this application be refused. It is stated that they do not object to the presence and purpose of the stables and manege but note that a condition of the 2010 approval was that no flood lighting should be erected for environmental and other reasons. It is stated that this condition was accepted by the applicant. It is set out that the Commissioners have witnessed the impacts of the floodlighting that has already been in use at the site and have received complaint from residents. It is set out that at night time, due to the elevated site of the arena, the lighting creates unacceptable glare and illumination across the area below and created a 'halo effect' over Baldrine. This has had an adverse impact on night time enjoyment of the area and the amenity of residents. It is stated that the application does not demonstrate how the lighting would be directed to prevent unacceptable light intrusion.

1. The owner/occupier of Struie, Highfield Drive, Baldrine states that they are supportive of the application provided efforts are made to minimise the light overspill from the lighting. It is stated that in the original planning application, the manege was to be illuminated by metre high lighting posts whereas this application proposes metres posts. It is set out that provided the lights are directed downwards they should be better than the flood lights that have been installed on the side of the stable. Photographs showing the impact of the existing lighting are provided.

1. The owner/occupier of Glenlea, Highfield Drive, Baldrine states that they are not necessarily objecting but is concerned that the lack of proper shielding of the existing flood lights has meant that while driving home at night the direction and brightness of the lights have caused problems. It is felt that more effective shielding would assist the safety of drivers. It is acknowledged that right to a view is not a material planning consideration however the level of light pollution from the site means that viewing the stars at night is no longer possible particularly when looking towards the site. It is requested that if permission is granted, conditions relating to the shielding/direction of the lights are attached to ensure that road safety is not undermined and that light pollution is controlled.

Planning Policy

1. In terms of local plan policy, the application site is designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. The plan also identifies that overhead high tension electricity lines cross the application site. The Laxey and Lonan Area Plan Order 2005 contains one policy that is considered specifically material to the assessment of the planning application.

Policy L/OSNC/PR/1 states:

"There will be a general presumption against development in areas designated as open space or open space for particular purposes."

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

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:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

Environment Policy 2 states:

"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

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)."

Environment Policy 20 states:

"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."

Assessment

1. The planning application seeks planning approval for the installation of flood lighting around the perimeter of an existing all weather manege which is situated on the application site.

1. The planning policy section of this report highlights that there is provision within planning policy for equestrian related development as an exception to the presumption against development in the countryside. As identified within the Isle of Man Strategic Plan 2007 equestrian activities have become increasingly popular in rural areas and on the fringes of our towns and villages. Such activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. In the case of the approved stables and arena, it was judged that the development would provide stabling for the applicant's horses and some stabling for commercial liveries.

1. In considering the 2010 application for the arena and stables, the case officer made the following conclusions

"The visual impact of such development would undoubtedly be greater than that of the development proposed by this current planning application and it is reasonably assumed the relative visual impact of the development of this adjacent land within the surrounding area was concluded to be acceptable for similar reasons to that put forward now. Having regard to this, in terms of Environment Policy 2 it is concluded that that development would not harm the character and quality of the landscape and in respect of Environment Policy 20 it is concluded this provides sufficient circumstances to deem the proposal acceptable if it is considered to constitute large scale equestrian development.

This conclusion is reached on the basis that the proposed development is not illuminated using floodlighting as such illumination would inevitably significantly increase the visual presence of the proposal. However, as can be seen the proposal includes floodlighting. This issue was identified as a concern and specifically discussed with the applicant. Following these discussions the applicant agreed to removal of the floodlighting from the proposed development, something that could be appropriately done by condition. The removal of the floodlighting takes away the concern that illumination would result in unacceptable visual impact."

1. Any proposal which seeks to illuminate the countryside requires careful consideration. Flood lighting can be very intrusive and even with appropriate safeguards in place such as directing and shielding the proposed light, adverse affects can still occur. It is for the applicant to demonstrate through the submission of suitable information, such as lighting diagrams, exactly what impacts can be reasonably assumed to result from the proposed lighting. In this case, very limited information is provided. Given the elevated position of the site combined with the number, height and type of lighting proposed, it is concluded that the application would result in unacceptable harm to the character and appearance of the area.

1. Whilst it may be that the proposed lighting could be controlled in such a manner that they would be an improvement over the unauthorised floodlighting which is currently on site, these do not benefit from planning approval and such comparison therefore limited relevance.

Recommendation

1. On the basis of the information submitted, it is judged that the proposed lighting would cause unacceptable harm to the character and appearance of the area which is recognised as being an area of High Landscape or Coastal Value and Scenic Significance. It is therefore recommended that the application be refused.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. In terms of Interested Party Status, those persons that have submitted comments are not located so as to immediately adjoin the site. The criterion that is judged to possibly apply is:

"(c) persons whose outlook from land or buildings in which they have an interest as owners or tenants would be substantially and adversely affected by the development; and

1. It is considered that on balance, the effects of the proposed lighting would be sufficient to warrant the following parties, who submitted comments, to be afforded Interested Party Status:

The owner/occupier of Glenlea, Highfield Drive, Baldrine The owner/occupier of Struie, Highfield Drive, Baldrine

Recommendation

Recommended Decision: Refused Date of Recommendation: 23.10.2012

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Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : Notes attached to refusals

R 1. The proposal is contrary to Environment Policy 2 of the Isle of Man Strategic Plan 2007 in that the lighting, if approved, would cause unacceptable harm to the character and quality of the landscape which is recognised as being of High Landscape or Coastal Value and Scenic Significance.

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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: Refused Date: 24.10.12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sennifer Chance Development Control Manager