Loading document...
Government Re:lige Elion Vannin
Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Ken Blaymire, Ref 13/00474/B, for the Amendment to PA10/01672/B to change the use of approved canteen and viewing gallery to a cafe/restaurant for the general public, with increase in parking provision at Ballavartyn Equestrian Centre Newtown Santon Isle Of Man subject to compliance with the following condition(s):
Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.
Date of Issue: 18th June 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00474/B
Case Officer: Miss S E Corlett
Photo Taken:
Site Visit:
Expected Decision Level : Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 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.
1.2 The application concerns the maneege which lies to the west of the indoor riding facility in approximately the centre of the site. The maneege is 60m by 30m.
1.3 There are two residential properties alongside the maneege - Knock Froy Bungalow which lies 50m to the north east and Knock Froy and Croft Cottage which are over 90m away to the south east and separated from the proposed lighting by existing buildings within their curtilages.
2.1 Proposed is the use of the upper floor of the previously approved canteen and viewing gallery to a restaurant and viewing gallery. Previously it was intended to use this area as an informal canteen/dining area for staff and clients of the equestrian centre. Now it is proposed to have it available in its own right as an independent commercial concern. It will serve around 124 persons including staff and clients at the centre and the proposed kitchen would be slightly increased from the previously approved scheme.
2.2 No conditions were attached to the original approval - PA 10/01672 to control the clientele or the hours of operation although it is very clear that the eating area was informal facilities for those already at the centre rather the facility which is being proposed now. No changes to the exterior of the building are proposed.
| Application No.: | 13/00474/B |
| Applicant: | Mr Ken Blaymire |
| Proposal: | Amendment to PA10/01672/B to change the use of approved canteen and viewing gallery to a cafe/restaurant for the general public, with increase in parking provision |
| Site Address: | Ballavartyn Equestrian Centre |
| Newtown | |
| Santon | |
| Isle Of Man |
3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as High Landscape Value and Scenic Significance. 3.2 As such, there is a presumption against development as set out in General Policy 2 and Environment Policies 1 and 2: 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: 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." 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 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." 3.5 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." 3.6 A material consideration of considerable weight is the previous planning permission granted on the site (see below).
4.1 Planning permission was granted for a large new equestrian arena under PA 10/1672 including a new access, parking facilities and supporting infrastructure. 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). A recent application for this site was the erection of a building for storage and the sale of horse-related items - PA 12/01386 which was approved. Approval was granted for the relocation of the horse walker
and creation of parking - PA 12/01617 and most recently applications have been submitted for further alterations and the installation of lighting - PAs 13/00324 and 13/00429.
5.1 Highways Division indicate that they have no objection to the application.
6.1 The change of use of the canteen will result in potentially more people visiting the site as there is no control over whether customers would have visited the site anyway, with a connection to the equestrian or other facilities on the site. Dependent upon the type of fare offered at the restaurant/café it may become a destination all on its own, regardless of the equestrian activity there. It will undoubtedly complement the equestrian activities in that those visiting the site who are not engaged in horse-related activity - for example parents taking their children to their horses or people observing activity in the indoor or outdoor maneges, will be able to have something to eat there where previously they may have dropped people off and left to come back later. 6.2 No additional car parking has been provided and it is relevant that the restaurant is also the viewing area for the indoor manege so there will be some overlap in the number of people in that part of the building - people eating who would have been observing there anyway if the restaurant were not available to the public. 6.3 It is considered that the change will enhance the facilities available at the site and will bring greater public accessibility to the site and its facilities which will not bring about any adverse impact on the use of the site as originally approved, or on those living around the site, or on car parking or highway conditions. 6.4 It should be remembered that the applicant also lives on the site and would not wish to have an overly commercial development so close where the activity adversely affected their amenities. 6.5 In previous applications it has been stated that the activities at the manege will cease around 10 pm and in order to give people time to leave the premises, that lighting would generally be illuminated until around 2230hrs. The applicant has indicated that the cafe/restaurant could be open as early as 0700 hrs for breakfasts and as late as 2200 hrs . This could be controlled by condition. As no hours of operation were stated in the application, if the condition is worded such that the Planning Authority has flexibility to authorise longer hours, then this would not prejudice anyone as no hours were specified in the original submission.
7.1 The local authority, Santon Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status. 7.2 The Highway Authority is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highway Authority cannot be afforded party status in this case.
Recommended Decision: Permitted
Date of 24.05.2013
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the use of the viewing and canteen area previously approved, as a public restaurant/cafe and viewing area, all as shown in drawings P/10-01, P/10-02, P/10-03, P/10-04, P/10-05, P/11-01 and P12-01 all received on 19th April, 2013.
The restaurant may not be operational before 0700 hrs or after 2200 hrs unless otherwise authorised by the Planning Authority.
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 : Committee Meeting Date : 17.6 .13
Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
PA13/00474/B Mr Ken Blaymire Amendment to PA10/01672/B to change the use of approved canteen and viewing gallery to a cafe/restaurant for the general public, with increase in parking provision, Ballavartyn Equestrian Centre Newtown Santon Isle Of Man Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 23.04.2013, includes;
Reg Tree Areas: Registered Trees Areas: Ballavartyn
MEA HV: MEA High Voltage Cables: 11KV_HV_LINE
Dev Control Polygons: Reference Number: 12/01617/B Status: Permitted Proposal: Re-location of horsewalker approved under PA 10/01672/B and creation of additional parking
Reference Number: 12/01386/B Status: Permitted Proposal: Erection of building for use as an equipment and feed store and shop selling horse-related tack, horse feed, horse-related equipment and horse-associated clothing
Reference Number: 10/01658/B Status: Application Withdrawn Proposal: Erection of a replacement dwelling with new vehicular access and road
Reference Number: 92/00946/B Status: Permitted Proposal: Extension to provide additional living accommodation, Ballavartyn, Santon.
Reference Number: 11/00451/B Status: Permitted Proposal: Alterations and extension to dwelling Reference Number: 10/01672/B Status: Permitted Proposal: Erection of new equestrian arena, stabling blocks, horse walker, storage sheds, external manège, horse exercise track and creation of new vehicular access to main road and new access road serving development
Reference Number: 12/00030/B Status: Permitted Proposal: Demolition of existing dwelling and erection of replacement dwelling and creation of driveway link to approved vehicular access road (PA 10/01672/B)
Reference Number: 12/00028/B Status: Permitted Proposal: Conversion of stables into self catering tourist accommodation units and creation of driveway link to approved vehicular access (PA 10/01672/B)
Reference Number: 05/00177/B Status: Permitted
Proposal: Demolish existing garage and utility and erect twin garages with granny flat above, Reference Number: 06/02203/B Status: Permitted Proposal: Erection of a stable block Reference Number: 10/01674/B Status: Application Withdrawn
Proposal: Conversion of existing stables to provide two self catering tourist accommodation units and creation of new vehicular access and road
Reference Number: 12/00027/B
Status: Permitted
Proposal: Conversion of existing barns into self catering tourist accommodation and creation of driveway link to approved vehicular access road (PA 10/01672/B)
Reference Number: 84/00292/A Status: Permitted Proposal: Approval in principle to siting of a farmworker's dwelling and garage, Field 2794, Old Castletown Road, Braddan Reference Number: 01/00301/B Status: Permitted Proposal: Erection of replacement Reference Number: 04/02503/B Status: Permitted Proposal: Construction of proposed replacement dwelling with integral garage Reference Number: 10/01660/B Status: Application Withdrawn Proposal: Conversion of existing barns into four tourist accommodation units and creation of new vehicular access and road Reference Number: 12/00805/B Status: Permitted Proposal: Replace existing stables with a building to provide two self catering tourist accommodation units Reference Number: 03/01731/A Status: Refused Proposal: Approval in principle for a residential development of up to four dwellings on Reference Number: 13/00429/B Status: Pending Consideration Proposal: Erection of car park lighting Reference Number: 84/00379/B Status: Permitted Proposal: Construction of covered swimming pool, Knockfroy, Santon Reference Number: 13/00324/B Status: Pending Consideration Proposal: Erection of lighting to external manege Reference Number: 06/02087/R Status: Permitted Proposal: Erection of building for the storage of machinery and vehicles
BC Case Polygon:
Reference Number: 92/02684/DEX BC Case Status: Building Work Complete Proposal: Bedroom and bathroom extension
Reference Number: 13/07123/OTH BC Case Status: Pending Consideration Proposal: Conversion of existing agricultural buildings into four self catering tourist accommodation units (unit 1-4) and replacement of stables to create additional self catering tourist accommodation (units 5 and 6 )
Reference Number: 11/07518/OTH BC Case Status: Building Work Started Proposal: Erection of new equestrian arena Reference Number: 05/07231/DOM BC Case Status: Building Work Started Proposal: Construction of detached dwelling with integral garage
PLanning Enforce: Reference: 06/00295/COMP Status: Case Closed Nature of Enforcement: Eretion of building in field.
Copyright in submitted documents remains with their authors. Request removal
