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Application No.: 24/91062/B Applicant: Ms Amanda Underwood Proposal: Erection of stable building Site Address: Field 534081 Bibaloe Beg Road Onchan Isle Of Man Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.12.2024 _________________________________________________________________
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 application has been assessed on the change of use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amenity.
Reason: In view of the location of the site in the countryside and the nature of the adjoining road, the Department does not consider the site suitable for anything other than private use.
Reason: The building has been exceptionally approved solely to meet equestrian needs, and its subsequent retention would result in an unwarranted intrusion in the countryside.
Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need only.
This application has been recommended for approval for the following reason.
The application complies with Spatial Policy 5 of the Strategic Plan. The proposed building is isolated but with minimum visual or amenity impact, complying with Environment Policy 19, 20 and 21 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the documents, planning statement, site location plan, proposed plan and elevations, photos and impressions, which have been received on 25th September 2024.
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Onchan District Commissioner - No objection DoI Highway Services - No objection
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: Highfield, Bibaloe Beg Onchan - Objection does not relate to the relevant factors (Article A10(3)(c))
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site, Field 534081, Bibaloe Beg Road, Onchan.
2.0 THE PROPOSAL - 2.1 The proposal is the erection of a stable and the use of the site for equestrian activities. - 2.2 The stable is L-shaped and is approx. 13m long, 9.2m wide and 3.3m long. The stable will have cross-pitched-roof and shiplap boarding. The proposal also includes a concrete pad of approx. 5.2m by 9.1m. The stable has three stable rooms and a tack room. - 2.3 The proposal also includes levelling parts of the hill to become the foundation of the stable.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.4 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, approval should usually not be granted where a planning application conflicts with the Plan. - 4.5 Spatial Policy 5 states that developments should only occur in defined settlements unless they comply with exceptions in General Policy 3. - 4.6 General Policy 3 sets out exceptions that may be acceptable for developments outside of areas designated for development. Subsection (f) sets out one of these exceptions as "buildings and engineering operations which are essential for the conduct of agriculture or forestry". The key word here is "essential". In decision-making, this means that just because a building is for agriculture or forestry purposes does not mean an automatic approval. - 4.7 Environment Policy 1 echoes Spatial Policy 5 and General Policy 3. It defines the countryside as areas outside existing settlements or not designated for development (as mentioned in 4.1). It shows that development adversely affecting the countryside will almost always not be permitted. It also states that the countryside is protected "for its own sake". In decision-making, this means there is an assumption against development in the countryside. - 4.8 Environment Policy 14 states that agricultural development should not result in the permanent loss of important and versatile agricultural land (Class 1 and 2 Soil in the Agricultural Land Use Capability Map). - 4.9 Environment Policy 19, 20 and 21 state that equestrian activities and buildings will only be accepted where there are:
4.10 General Policy 2 (b) (c) and (g) set out design requirements for development, of which they should respect the character of the site itself and its immediate and not-so-immediate surroundings.
4.11 General Policy 2 (g) and (h) set out that amenities enjoyed by the site and the site around it should be protected or preserved. - 4.12 General Policy 2 (h) and (i) also sets out that the proposal should satisfy the safety, efficiency and accessibility requirements, including parking provision, of all highway users whenever possible. PPS and NPD - 4.13 No planning policy statement or national policy directive is considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Town and Country Planning Act 1999 defines agriculture in section 45. Agriculture includes "horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes."
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. - 6.1 Onchan Parish Commissioners does not object to this application (09.10.2024). - 6.2 DoI Highway Services does not oppose this application (16.10.2024). The comment states there is no significantly increase road safety risk or highway network efficiency issues. The comment considers the intensified use could in highway terms can be created without a planning application and the proposed access is onto a low speed, low trafficked road. - 6.3 No neighbouring properties were notified by letter. One comment has been received. - 6.4 Highfield, Bibaloe Beg Onchan wrote in (30.09.2024) requesting no trees to be removed and proposed parking to be secured as the lane is too narrow already.
7.1 The proposal is twofold: the erection of a stable and the use of the land for equestrian activities. Principle of the Proposal - 7.2 The critical consideration of this application is the principle of the application. As mentioned in 4.6-4.7, the test here is whether the Department is satisfied that there is an agricultural need, and whether the proposal is necessary for such an agricultural need, which there is not. However, Environment Policy 19-21 does provide exceptions for equestrian activities, as listed in 4.9. Therefore, if the proposal complies with these requirements, it is considered to pass the principle test. - 7.3 The other part of the principle test is whether there is a loss of high-quality agricultural land. According to 4.2, the site is within an area of Class 1 or 2 soils. However, the stable is of small scale and the use for equestrian activities would not lead to a permanent loss the agricultural land. Therefore, the proposal is considered to comply with Environment Policy 14. Elements of Assessments - 7.4 The primary considerations, besides the principle, are the impact of the proposal on:
The character and appearance of the Countryside
7.5 Policies within IOMSP set a requirement for development to respect and not harm the design of the site and the area in which it sites. According to 4.9, the assessment should scrutinise design elements such as form, material, siting, design size, finish and use of cavity walls. - 7.6 The proposed stable is in the form of a typical stable building. Its timber appearance would also reflect its purpose as an equestrian building. The concrete area is necessary for a stable, so its form and material are considered reflecting its purpose. The siting of the building is isolated since there is no existing building within or near the site, but the size of the building is modest for two horses with the proposed function. - 7.7 Therefore, it is considered that the impact of the development on its surrounding rural environment in visual character terms is acceptable and complies with General Policy 2 (b), (c), (g) and Environmental Policy 19, 20 and 21 of the IOMSP. Neighbouring Amenities - 7.8 The proposed stable is isolated and of small scale, so it is considered that there is no impact on neighbouring amenities. Highway Safety - 7.9 As Highway Services does not oppose this application, it is considered that the proposal would have a neutral impact on road safety or traffic flows on the local highways. - 7.10 A site visit was conducted and there are sufficient area for off-road parking. Parking on road is not controlled by planning so no condition can be applied to restrict on-road parking. Tree and Hedges - 7.11 No tree removal is proposed in the proposal. If the application approved, the approval would not grant any tree removal so a condition on tree removal is not necessary.
8.1 The application complies with Spatial Policy 5 of the Strategic Plan. The proposed building is isolated but with minimum visual or amenity impact, complying with Environment Policy 19, 20 and 21 of the Strategic Plan. Therefore, the application is recommended for an approval. - 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):
I can confirm that this decision has been made by a Principal Planner 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 and/or rights to appeal.
Decision Made : Permitted Date: 04.12.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
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