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Application No.: 24/90941/C Applicant: Mr David Wilson Proposal: Additional use of land for dog walking (retrospective) Site Address: Field 324035 Foxdale Road Garth Crosby Isle Of Man Planning Officer: Hamish Laird Photo Taken: 31.03.2025 Site Visit: 31.03.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 10.04.2025 _________________________________________________________________
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 Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and any alternative uses for the field other than the approved use or agricultural use will require further consideration.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Reason: In the interests of the amenity of neighbouring residents in accordance with Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.
This application has been recommended for approval for the following reason. The application is considered to be acceptable and accords with the provisions of Policies GP3 (h), EP 1, and EP 22 of the IOMSP 2016.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 23 August 2024.
_________________________________________________________________ Right to Appeal
It is recommended that the following person should be given the right of appeal because they live within 20.0m of the site boundary (attached neighbouring dwelling) and have objected raising planning related issues:
Occupants of Marnoch Bungalow, Garth Road, Marown, IM4 2HD. Occupants of Ballacallin Beg, Foxdale Road, Garth, Crosby, Isle of Man.
It is recommended that the following organisations should be given the Right to Appeal: Marown Parish Commissioners - Raised objection. It is recommended that the following organisations should NOT be given the Right to Appeal: Department of Infrastructure Highways Services - Raised no objection subject to conditions.
_________________________________________________________________ Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
0.0 PREAMBLE - 0.1 Subsequent to their meeting on 28th April, 2025, where Members of the Planning Committee deferred making any decision on the application in order to first undertake a site visit, the Committee Members visited the site on 2nd May, 2025, taking into account the site,
0.3 Comments received from the previous landowner and occupant of Becallin Beg Cottage, which were reported orally at the previous meeting. These comments were received (29/12/24) from the occupants of the neighbouring property at Ballacallin Beg Cottage, Foxdale Road, Garth (located to the east of the site) in relation to the use of the land/lane and reference to deeds. Concerns are also raised in relation to the operation of a business, noise, numbers of dogs on the site, parking issues, impact on nearby uses/horses. Whilst some of these points are not material planning issues (ownership/deeds etc.) the other points are capable of being material and are assessed within the report. The recommendation remains that the owner/occupiers should be afforded the Right to Appeal. - 0.4 The applicant has requested in an email dated 8th May, 2025, that he wishes to use the land for dog walking on both Saturdays and Sundays in addition to weekdays. The proposed hours of operation are daily from 09:30 to 16:00 - winter time; and, daily between 08:30 to 19:30 in summer time. It is considered that during the winter time that the available hours of daylight would restrict usage, and this should be acceptable. Given the proximity of the site to the neighbouring dwelling at Marnoch Bungalow, an end time of 19:30 during the summer would impinge on the quiet enjoyment of occupants of this property and it is considered that an end time of 18:00 would be appropriate in these circumstances. A condition should be applied that restricts the use of the site for dog walking activities to between 08:30 and 18:00 all year round. The lack of daylight after 16:00 during the winter would naturally restrict dog walking activity on the site. There should be no dog walking activity during Weekends, Bank and/or Public Holidays. - 0.5 It has also been clarified that the application is retrospective and so the wording of the conditions needs to be considered. A revised recommendation in relation to conditions is: The field may only be used as a dog walking field for up to 4 dogs at any one time.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and any alternative uses for the field other than the approved use or agricultural use will require further consideration.
The dog walking use of the field, hereby approved, shall only be operational between the hours of 08:30 and 18:00 hrs Monday to Friday, only.
Reason: In the interests of the amenity of neighbouring residents in accordance with Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Within 1 month of this decision becoming final, details of measures to make the field secure and prevent the dogs from straying into neighbouring grazing fields shall be submitted to and
approved in writing by the Department. The measures shall be implemented within 1 month of being approved and retained as such thereafter.
Reason: To safeguard grazing animals in adjacent fields. The parking area for three cars as described in the application shall remain available for use as such. Reason: To ensure the parking is retained. The approval does not in any way permit the creation of dog care facilities on the site or the erection of structures on the site. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted. PREVIOUS REPORT
1.0 THE APPLICATION SITE - 1.1 The application site lies in open countryside and comprises Field 324035, Foxdale Road, Garth. It located on the eastern side of Garth Road, to the south of Foxdale Road and to the north and east of the road junction comprising a farm track serving dwellings at Marnoch to the south of the site, and Ballacallin Beg to the east which contains several dwelling and a Livery amongst the farm buildings. The western arm of this track leading from Garth Road and known as and Garth Road Track, serves the Farm Buildings complex at Ballachrink Farm. The field, excluding the track serving the site measures approximately 110.0m wide x 150.0m long (650m2 in area or approx. 2 acres) along the Garth Road, and is known as Run Free Meadow. To the western site boundary is a line of mature trees adjacent to an access track with farm buildings at Ballachrink Farm sited beyond. Access to the site is derived from a gated field access in the north-west corner of the site directly onto Garth Road.
2.0 THE PROPOSAL - 2.1 The application seeks approval for change of use of land from agricultural to a dog walking field. The scheme does not involve the erection of any structures on site or changes to the physical appearance of the site area, although it proposes to provide parking spaces on land adjoining the eastern site boundary which is within the applicants' ownership/control. - 2.2 The applicants state that the field covers 2 acres and is securely fenced around the perimeter with narrow horse net wire providing further security for small dogs. It has its own entrance from the Garth Road which was created following approval of PA 20/00440/B for 'Conversion of barn into a residential dwelling with associated access at Bottom Yard Stone Barn Stable Block Ballacallin Beg. The area of the field directly in front of Marnoch Bungalow and Ballacallin Mooar has been fenced off approx. 40.0m into the field plus the width of the access track that runs in front of these properties. Also, a number of trees have been planted along the boundary to the front of these properties. - 2.3 There is an area in front of the field access gate where 2 x cars can park and a hardcore field entrance where 1 car can park inside the field. There is plenty of space to turn around to exit back onto the highway in forward gear within the curtilage. There is a water supply in place, no trees require pruning or limb removal; and, no structures are proposed to be erected on the site. - 2.4 Proposed hours of operation are daily from 09:30 to 16:00 - winter time; and, daily between 08:30 to 19:30 in summer time. - 2.5 An online booking system is used for dog owners to book either 30 minute of 60 minute time slots. The field is hired for their sole use for the duration of each booked time period. A
3.0 PLANNING POLICY - 3.1 The site lies within an area designated as not being for any particular use or purpose on the Area Plan for the East and within Landscape Character Area D10. The site is not within a Conservation Area, or prone to flood risks, although the entire northwest boundary is susceptible to surface water flood risks. The site is not within a Registered Tree Area, and there are no protected trees on site. - 3.2 The Area Plan for the East landscape character Assessment for the Area (Braaid D10) states the following:
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 In addition to the policy situation set out in section 3 above, the care of animals is generally something that may need to happen away from built up areas due not only to the
noise nuisance which could arise but also due to the size of premises required and ideally some outdoor exercise space. Examples given in 5.0 below illustrate the range and types of locations where this type of facility can be considered acceptable.
5.0 PLANNING HISTORY - 5.1 The application property has not been the subject of any previous planning applications. However, there have been a number of dog day care facilities approved in recent times, most of which have been within existing Industrial Estates although there have been a number across the Islands countryside:
5.2 There have also been a number of refused dog day care facilities including:
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division in the letter dated 29 August, 2021. DoI Highways comments: "24/90941/C - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the parking and access situation is acceptable for the relatively small nature and booking type system of the proposals. It is advisable to condition a limit of dogs on the site to lessen/control the sites impact on access, parking and amenity." - 6.2 Marown Parish Commissioners (3 October 2024), have stated:
The Commissioners considered the above Planning Application at their meeting held on Wednesday 18 September 2024. The Commissioners resolved to OBJECT to the application on the following grounds: o This appears to be a change of use of the land, not an additional use. The Commissioners are not against using land for dog walking with friends etc., but this appears to be a commercial venture and as such would require the relevant planning approval. The Commissioners trust that this is helpful.
6.3 Third Party Representations: Comments have been received (29/12/24) from the occupants of the neighbouring property at Marnoch Bungalow, Garth Road (located to the south of the site). Concerns raised are:
"I am writing to you with regards to planning Application 24/90941/C When we wrote to you earlier in the year, we requested certain criteria be taken into consideration. We know the final decision has not taken place for this application, but we would like to bring to your attention that practically every condition the applicant had stipulated in the application has been broken. Almost every week day the field is used by someone with 10 dogs being exercised. The 08.30 start time applied for the winter times is ignored and there are dogs in the field at
6.4 Representations on behalf of the applicant: The applicant has advised in response to representations received that plans for the Garth Road access layout were discussed with the Highways Development Control Officer as part of the 20/00440/B approval. The access track to the applicants' property is owned 50:50 by the applicant and A N Other. "I dispute the claims regarding the number of dogs ("10") using the field under the proposed application.
The lane is very rarely used by horses and is predominantly used by vehicles (both private, commercial and agricultural) accessing private patches of buildings and land within the historical Ballacallin Farm area.
Noise is always kept to a minimum and I would be very surprised if anything can be heard between my field and (redacted) house. (Redacted) home is approximately 200m away and the route is disbursed with large agricultural buildings, copses of trees and numerous business within the buildings that create noise in their own right. Not to mention the ongoing building works to (redacted) house. "
7.1 The issues here are whether the principle of the development would be acceptable for the site, and if there would be any impacts on the residential amenity of neighbours. - 7.2 The principle of the development
8.1 Overall, it is considered that the proposed development is of a scale and nature that would not have an unacceptable impact upon the environment, surrounding countryside, or neighbours existing residential amenities. The application is, therefore, considered to be acceptable and is recommended for approval. It accords with the provisions of Policies GP3 (h), EP 1, and EP 22 of the IOMSP 2016. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
It is recommended that the following person should be given the right of appeal because they live within 20.0m of the site boundary (attached neighbouring dwelling) and have objected raising planning related issues:
Occupants of Marnoch Bungalow, Garth Road, Marown, IM4 2HD.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 19.05.2025 Signed : Presenting Officer
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Application No. : 24/90941/C Applicant : Mr David Wilson Proposal : Additional use of land for dog walking (retrospective) Site Address : Field 324035
Foxdale Road Garth Crosby Isle Of Man Presenting Officer : Hamish Laird Addendum to the Officer’s Report
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and any alternative uses for the field other than the approved use or agricultural use will require further consideration.
C2. The dog walking use of the field, hereby approved, shall only be operational between the hours of 08:30 and 18:00 hrs Monday to Friday, only.
Reason: In the interests of the amenity of neighbouring residents in accordance with Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
C3. Within 1 month of this decision becoming final, details of measures to make the field secure and prevent the dogs from straying into neighbouring grazing fields shall be submitted to and approved in writing by the Department. The measures shall be implemented within 1 month of being approved and retained as such thereafter.
Reason: To safeguard grazing animals in adjacent fields. C4. The parking area for three cars as described in the application shall remain available for use as such. Reason: To ensure the parking is retained. C5. The approval does not in any way permit the creation of dog care facilities on the site or the erection of structures on the site. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted. _____________________________________________________________________________
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