22 January 2024 · Committee
Field 530509, Track From Lanjaghan Road To Lower Ballacashin Stables, Abbeylands, Isle Of Man, IM4 5eg
Permission was granted for the creation of a private, non-commercial fenced arena for exercising horses at Field 530509, Lower Ballacashin, Abbeylands, along with a change of use of the field from agricultural to equestrian use. The site is associated with the dwelling at Lower Ballacashin and already contains an existing stable block screened by mature trees. The field's eastern boundary is lined with mature trees, and the other boundaries consist mainly of sod hedges, providing natural screening from the highway and neighbouring properties. During the application process, the proposal was amended twice: first to remove the felling of two trees from the scheme following concerns raised by DEFA Forestry, and second to ensure the arena is set approximately 2 metres from the root outline and 10 metres from the trunk of a retained Elm Tree. The application was approved with five conditions.
The Department of Environment, Food and Agriculture approved the application on 22 January 2024. The development was considered acceptable in principle, with the impact on the surrounding area and highway safety both found to be satisfactory. The proposal was amended during the process to retain an Elm Tree on site, with the arena positioned at least 2 metres from its root outline and 10 metres from the trunk.
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.
presumption against development
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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
The countryside and its ecology will be protected for its own sake.
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Environment Policy 19
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).
There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas of High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy.
Environment Policy 20: There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas with High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy.
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.
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. 7.16 Environmental Protection - Introduction 7.16.1 T here are many fac ets of environmental protection which have land use implications including pollution, unstable land, contaminated land and flooding. In terms of pollution, whilst it is the role of the planning system to determine whether a development is an acceptable use of land rather than seeking to control the processes or substances used in any particular development, it is important that the Planning Directorate operates alongside other agencies such as the Environment Safety and Health Directorate whic h has statutory responsibilities regarding environmental protection, and the Health and Safety at Work Inspectorate, The Isle of Man Water Authority, the Department of Transport and the Department of Agriculture Fisheries and Forestry. 7.17 Pollution 7.17.1 It is important to protect the environment and quality of life by controlling development which would lead to unacceptable levels of water pollution, air pollution and other nuisances such as noise and smells. However, it is not the role of land us e planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department of Local Government and the Environment. It is the intention of the following policy to prevent development which would unacceptably impact upon current and future land uses through the effects of pollution.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The riding arena hereby approved shall be for private use only and not for any commercial or private livery use.
Condition 3
The arena hereby approved must be used only for equestrian purposes in association with the existing barn and residential dwelling at Lower Ballacashin, Abbeylands, and shall not be used for any commercial use or commercial purposes.
Condition 4
In the event that the riding arena, hereby approved, is not used for equestrian purposes for a period exceeding 6 months, the ground must be restored to its former condition within 9 months of the arena last being used.
Condition 5
There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.