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Applicant: Mr Matthew Lawrence Johnson Proposal Erection of equestrian stables Site Address Ballacallin Cottage Foxdale Road Garth Crosby Isle Of Man IM4 2HL Case Officer : Russell Williams Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 26.03.2025
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: In view of the location of the site in the open countryside; the Department does not consider the site suitable for anything other than private use.
This application has been recommended for approval for the following reason. The need for improved animal welfare at the site is acknowledged and the reduced scale of the proposed stable is acceptable for the landholding and number of horses kept at the site. The proposed development will not give rise to any detrimental impact upon the character or appearance of the landscape virtue of its limited scale, inconspicuous siting and finished appearance. The proposal are therefore considered to be acceptable and comply with General Policies 2 and 3 and Environment Policies 1, 14, 19 and 21 of the Strategic Plan.
Plans/Drawings/Information; This approval relates to the following drawings and documents received on 25 November 2024 and 7 January 2025: Location Plan Site Plan Proposed Plans and Elevations Tree Plan
_______________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services No objection Marown Parish Commissioners No objection It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal: Fair View, Foxdale Road, Garth No objection
________________________________________________________________ Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.1 The application site is located within a paddock immediately south of Ballacallin Cottage and its associated garage, which is a residential property in the same ownership. - 1.2 The site is bounded to the east by the A24 and on the other three sides by grazing fields also owned by the applicants. The western boundary comprises of an earth bank with tree and hedgerow planting. The topography of the land falls away gently to the north. - 1.3 The site is laid to grass and is accessed solely though the applicants driveway and garden.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a timber stable building on land adjoining Ballacallin Cottage. - 2.2 The proposal is to stable block providing a tack room, a hay/machinery store, three stables and a wash bay. The building will be L-shaped in plan for and have maximum dimensions to 18m at its longest, 9.6m wide. The building will have a ridge height of 2.9m at its tallest. - 2.3 The stable building will be finished in timber cladding to the walls and either black bitumen shingle or green box profile sheets to the roof, with inset clear panels to maximise natural light in the building. - 2.4 A concrete hardstanding would be laid to the frontage of the building.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South as land not zoned for a particular purpose. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. - 3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.3 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development
on the appropriate Area Plan with the exception of:
3.4 Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding 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. - 3.5 Environment Policy 14: 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. This policy will be applied to
3.6 Environment Policy 19: 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). - 3.7 Environment Policy 21: 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.7.15.1 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.
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 None.
5.0 PLANNING HISTORY - 5.1 21/00682/B - Erection of equestrian stables - Refused. Appeal upheld.
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Marown Parish Commissioners - In this new Application, the Applicant has addressed the concerns of the Commissioners following the Applicant's previous application for stables that was refused in 2021 - 21/00682/B, namely the proposed new stable block is replacing an existing structure and is sited close to other buildings, the visual impact of the stables is reduced due to the current and proposed hedging, and an existing road entrance is to be used.
The Commissioners therefore have NO OBJECTION to the Application. DOI Highway Services - 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 erection of stable will not hamper access visibility looking right from the site access, providing the stables are for domestic use conditioned on permission (for parking and access safety purposes). Ecosystem Policy Team - No objection subject to condition Detailed Comments o This application proposes the removal of a number of trees and shrubs in order to place a new stable building. The application also proposes the planting of new hawthorn hedging to mitigate this impact. The Ecosystem Policy Team are generally content with these proposals. However, rather than a single species hedge, a mixed native hedge is recommended instead. Proposed Condition o No works to commence unless a soft landscaping plan has been submitted to Planning and approved in writing.
6.2 1 representation has been received from the neighbouring residents and can be summarised as follows:
7.1 The applicant seeks planning permission for a new stable building on land adjoining their residential property. The previously refused application for a new stable building and associated works was on land to the northeast and occupied a more isolated landscape position. Whilst the previous reasons for refusal are a material consideration, the change in site
at Ballacallin Cottage. It does not, therefore, form an isolated new building in the landscape. The finished appearance of the stable building is typical of small stable blocks in the countryside and is acceptable, being similar to many comparable stable buildings that can be seen across the island. Having regard to these considerations, the visual and landscape impact of the proposals comply with Environment Policies 19 and 21.
7.8 The proposals are for personal use only and will not result in a livery use or similar that might result in additional vehicle movements over the local highway network. The proposals comply with Environment Policy 19 in this regard. - 7.9 The application site is on land annotated as Class 3 on the Agricultural Land Use Capability Map. 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." Environment Policy 19 also states that new equestrian buildings will only be permitted where there is no loss of high quality agricultural land. Being Class 3 land, there is no conflict with Environment Policy 14.
7.10 Having regard to the above matters, it is considered that the proposals comply with Environment Policies 14, 19 and 21 and will not give rise to any significant adverse impacts upon the character or appearance of the landscape, highway network or cause an unacceptable loss of high quality agricultural land.
8.1 The need for improved animal welfare at the site is acknowledged and the reduced scale of the proposed stable is acceptable for the landholding and number of horses kept at the site. The proposed development will not give rise to any detrimental impact upon the character or appearance of the landscape virtue of its limited scale, inconspicuous siting and finished appearance. The proposal are therefore considered to be acceptable and comply with General Policies 2 and 3 and Environment Policies 1, 14, 19 and 21 of the Strategic Plan. - 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):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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.
Decision Made : …Permitted……….... Committee Meeting Date:…14.04.2025 Signed : R WILLIAMS 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
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No. : 24/91329/B Applicant : Mr Matthew Lawrence Johnson Proposal : Erection of equestrian stables Site Address : Ballacallin Cottage
Foxdale Road Garth Crosby Isle Of Man IM4 2HL Planning Officer : Russell Williams Presenting Officer As above Addendum to the Officer’s Report
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