Planning Officer Report

Planning Officer Report And Recommendations {{table:23161}} Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Planning Committee

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE

The Site

1. The red line refers to a parcel of land within a wider area edged blue which represents the holding of Ballavartyn Equestrian Centre. The equestrian facilities were approved recently and are under construction. The site lies on the eastern side of the A5 and is accessed via a newly created entrance opposite the B37 Sloping Road. The overall site extends to around 42 acres (17ha) and contains a dwelling and outbuildings which are sited just south of the centre of the site.

The Proposal

1. Proposed is the erection of a building in the position where an equipment store was previously approved (PA 10/1672). The building is to be used as a tack and feed shop (25 sq m), an equipment and feed store (53 sq m). The building is to be the same size and in the same position as that approved earlier but will have Western Cedar board in place of timber shingles on the upper part of the external walling, the walls will now be cavity built. Two roller shutter doors are to be installed in place of a single central set of side hung doors and a glazed entrance to the shop unit.

1. Access to the new building will be using the main entrance into the area where the arena and stable blocks are which is served by a large roundabout with car parking off to all sides. There are seventeen car parking spaces immediately in front of the proposed building. The shop would be open 0800hrs to 1800hrs every day with one full time employee and one part-time employee. The building is almost complete but has not been used for its originally approved purpose. As such, this application should be for the erection of the building and its new use.

Planning Status

1. The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as High Landscape Value and Scenic Significance.

1. As such, there is a presumption against development as set out in General Policy 2 and Environment Policies 1 and 2:

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:

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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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 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 over-riding 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."

Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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 difference 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."

1. A material consideration of considerable weight is the previous planning permission granted on the site (see below).

Planning History

1. Planning permission was granted for a large new equestrian arena under PA 10/1672. Also, planning permission was granted for the conversion of existing buildings and the erection of new tourist accommodation under PAs 10/1660, 12/0027, 12/0028 and 12/0805 and the creation of access and replacement dwelling (PAs 12/0030 and 11/0451).

Representations

1. There are no representations on the file at the time of writing.

Assessment

1. The applicant's agent suggests that the primary users of the shop will be people who have horses at the centre which includes DIY livery to full livery services and they consider that having a shop selling the food, bedding and tack and rider clothing and equipment that they

need will be convenient for them. The proposed shop is proposed following requests from potential livery customers but will also cater for the wider equestrian-related community on the Island. They also indicate that they are discussing the proposed outlet with existing retailers on the Island as part of another branch of an existing business, thus not providing a competing outlet.

1. There are other approved retail units for horse-related items within existing equestrian facilities – for example at Mount Rule Equestrian Centre where such was permitted but has not yet been implemented - 98/0766 (although other parts of the approval have been taken up so the approval remains valid). This approval followed an unsuccessful application for a tack shop at an industrial unit in Spring Valley (PA 06/1669) which was refused as the environment was not considered suitable for such a use, bearing in mind that the sale of saddles sometimes involves bringing the horse to the shop to be measured.

1. The shop would undoubtedly be useful for those with horses at the site and provided that the amount of sales to owners of non-resident horses was limited so that the character of the site did not become commercial, and that the items to be sold are strictly horse-related, then it is considered that the proposal is acceptable.

1. Whilst hours of operation have been provided, as the access does not pass close to any other residential properties and as such traffic would not be a nuisance, and that it would be difficult to ascertain whether people visiting the site outside these hours were visiting the shop or visiting their horses. As such, it is not proposed that the hours of operation are attached as a condition of any approval.

1. Whilst the new use is different from that which was permitted, the uses proposed are still relevant to and associated with those of the principal use of the site and that by which the scheme was justified. It is not considered that the proposal changes the spirit of that approval or the character of the site or the way it will be used. As such it is recommended for approval.

Party Status

1. The local authority, Santon Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 12.11.2012

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

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 the erection of a building to accommodate the storage of bedding, equipment and feed and the sale of equestrian-related tack, equipment and feed and including equestrian-related clothing, as shown in drawings P/10-01, P/10-02, P/10-03 and P/10-04 all received on 12th October, 2012. The building may not be used for general retail sales.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : A Committee Meeting Date : 26/11/12

Signed : S. Shoulet Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO