DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01307/C Applicant: Mr & Mrs Damon & Donna Waddington Proposal: Creation of a private non-commercial fenced arena area for the exercising of the applicants horses and change of use of field from agricultural to equestrian use Site Address: Field 530509 Lower Ballacashin Abbeylands Isle Of Man IM4 5EG Planning Officer: Mr Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 06.12.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The riding arena hereby approved shall be for private use only and not for any commercial or private livery use.

Reason: Due to the location of the site in the open countryside, the nature of the access to the site, and adjoining highway, the Department does not consider the site suitable for anything other than private use in accordance with General Policy 3, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016.

• C 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.

Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided.

• C 4. In the event that the riding arena, hereby approved, is not used for equestrian purposes for a period exceeding 6 months, the stable building and hard standing shall be removed and the ground restored to its former condition within 9 months of the stables last being used.

Reason: The building has been approved to meet the equestrian need of the applicant and its subsequent retention would result in an unwarranted intrusion in the countryside in accordance with General Policy 3, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016.

• C 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.

Reason: For the avoidance of doubt and to ensure that development of the site is carried out in the interest of the character and appearance of the site and surrounding countryside.

This application has been recommended for approval for the following reason.

It is considered that the siting, size, design and finish of the proposed riding arena is not considered to result in any material harm to the overall character or appearance of the locality or the rural landscape, and in the absence of any identified harm to the amenity and living conditions of the neighbouring properties, the proposal is considered to meet the tests of Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the documents and plans received 28 October 2022, and revised plans received 28 November 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL

1.0 THE APPLICATION SITE - 1.1 The site represents Field 530509 which is associated with Lower Ballacashin, Abbeylands. The application field has its entire eastern boundary comprising mature trees, while the other boundaries are comprised mainly of sod hedges. - 1.2 The existing stable block within the site, which are considerably screened by mature trees sits directly northwest of the site and by the main access to the field which is accessed via the driveway to the main dwelling at Lower Ballacashin. The dwelling sits directly southwest of the existing stables and the site of the proposed arena. - 1.3 The trees and sod banks that line the highway, the driveway, and the site boundary provide screening for the dwelling, the stables and field from the highway, although there would be glancing views via gaps along the sod banks and trees. - 1.4 The entire field, including the area for the existing stables and outbuilding measure about 9,050sqm (2.24 acres or Hectares).

2.0 THE PROPOSAL - 2.1 The planning approval is sought for creation of a private non-commercial fenced arena area for the exercising of the applicants horses and change of use of field from agricultural to equestrian use. - 2.2 The proposal description has been amended to exclude 'removal of two trees from the allocated area' following submission of revised plans to address concerns raised by DEFA Forestry. - 2.3 The proposed development details would include:

• 2.3.1 Creating a fenced arena that would measure 40m x 20m situated directly east of the existing stables situated north of the field. The arena would be fenced in timber post and rail fence that would be about 1.5m high from the ground level. An existing Sycamore tree is to be removed from the site. There would be no change to the site level.
• 3.0 PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the East as land not designated for a particular purpose, and the site is not within a Conservation Area. The site area is largely free of flood risks, although a strip with low surface water flood risk cuts through the field. There are no registered trees on site, and the site is not within a registered tree area. - 3.2 The Character Appraisal within the Area Plan for the East states thus concerning the area:

• 3.2.1 Conrhenny & Groudle (D3): "Landscape strategy Conserve and enhance:

• a) the character, quality and distinctiveness of this area of relatively sparse settlement;
• b) its valley bottom woodland;
• c) its National Glens;
• d) the various archaeological features within the area."

• 3.2.3 "Key Views: Dramatic views to an Upland backdrop to the North and West. Dramatic, panoramic views eastwards across the ever-changing colour and nature of the sea and sky, contribute to strongly recognisable sense of place. Close and distant views to the northern edge of Onchan/ Douglas settlement, which is visually harsh in places. Channelled views along the corridor of the Groudle River, which is enclosed in places."

3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning application; - 3.4 General Policy 3 states: "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." - 3.5 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."

3.6 Whilst there is a presumption against development as set out in GP 3 and EP1 of the Strategic Plan, there are policies and texts within the Strategic Plan which support some equestrian-related developments, as follows:

• 3.6.1 Environment Policy 19 states: "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)."
• 3.6.2 Environment Policy 20 states: "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."
• 3.6.3 Environment Policy 21 states: "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."
• 3.6.4 Paragraph 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".

3.7 Other relevant policies within the strategic Plan include:

• 3.7.1 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

• (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and
• (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.

• 3.7.2 Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
• 3.7.3 Environment Policy 4 protects biodiversity (including protected species and designated sites).

- 4.0 OTHER MATERIAL CONSIDERATION

4.1 IOM Biodiversity Strategy 2015 to 2025

• 4.1.1 The strategic aims (In part):

• o Managing biodiversity changes to minimise loss of species and habitats.
• o Maintaining, restoring and enhancing native biodiversity, where necessary.

• 4.1.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
• 5.0 PLANNING HISTORY

5.1 The application site has not been the subject of any previous planning application. Also, the previous applications for the broader site area (which includes land defined by the blue line boundary) are not considered relevant in the determination of this application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 4 November 2022. They have also noted that they find the application to have no significant negative impact upon highway safety, network functionality and /or parking.

6.2 DEFA Forestry has made the following comments regarding the application (23 November 2022): The proposal involves the removal of two trees. One of which, the elm, is of very high quality (category B/A) and thus the Directorate will be objecting to this application as result of its proposed removal.

• 6.2.1 Following receipt of the comment form DEFA Forestry, the applicants have amended the scheme to ensure that the Elm Tree is retained, with the proposed arena set about 2m away from the root outline and 10m away from the tree trunk.
• 6.2.2 No further comments have been received from DEFA Forestry, although they were consulted for additional comments.
• 6.3 Onchan Commissioners have recommended that the application be approved for planning purposes subject to comments by DEFA Forestry regarding trees (15 November 2022).
• 6.4 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The main issues to be assessed in the consideration of this application are:

• i. The principle of the development (EP1, EP 20 and Paragraph 7.15.1);
• ii. The impact of the development upon the surrounding area is acceptable (EP1 and EP21);
• iii. Whether the proposal is acceptable in terms of highway safety (EP 19);
• iv. The loss of high quality agricultural land (EP 19); and
• v. Impact upon the amenities of existing properties.

- 7.2 THE PRINCIPLE

• 7.2.1 The Strategic Plan seeks to direct new development towards existing settlements in order to protect the amenities of the Island's countryside. There is however a number of exceptional forms of development that can take place in areas that are not zoned from development either because their location is essential or because they result in little or no harm.

• 7.2.2 Equestrian development, by virtue of its requirement for land, is generally located within rural areas. The current proposal is for a horse riding arena, measuring 40m by 20m, including fencing and drainage; which would be used solely for private use. The application also seeks to have equestrian use of the site restricted to the redline boundary shown on the submitted site location plan, which includes the existing stables on site currently used by the applicants. The equestrian use of the land in this instance would meet the need to provide suitable grazing area for the horses in association with the stable on site. Minded that this equestrian use would not prevent any agricultural use in the future given that use of the land for agricultural purposes does not constitute development and can be undertaken without the need for a planning application in line with The Act 1999.
• 7.2.3 The stables and field for the arena are also connected directly to the dwelling on the broader site area (which is within the blue line boundary); a condition that would ensure that the stables remain for personal use and do not become a commercial enterprise. The scheme is also of a scale that would not pass for a large scale equestrian development.
• 7.2.4 Notwithstanding the factors that have been highlighted above, the acceptability of the proposal should therefore depend on the consideration of further issues discussed.

- 7.3 IMPACT OF THE DEVELOPMENT UPON THE SURROUNDING COUNTRYSIDE

• 7.3.1 Environment Policy 21 indicates that 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. Whilst the proposed scheme is not for a building, the proposed arena is an operation required to support horses on the site, as such, it is important that it does not result in adverse landscape impacts.
• 7.3.2 The proposed location of the horse riding arena is adjacent to the existing stables, which in turn is to be close to the access road and would only be partially visible during the winter months when the vegetation on the boundary is sparse, although it would be read largely in the rural context of the site with its field stock fencing, existing sod hedges and trees further reinforcing this character, as it would be screened by an existing sod bank. Thus, the impact on principal public views is likely to be considerably limited, which would serve to diminish any potential the impact on the character and appearance of the area as viewed from the surrounding highways.
• 7.3.3 It is also judged that the site chosen is a suitable location, being adjacent to the existing stable, outbuilding and residential curtilage; similar to what you would expect when considering agricultural development of this size and seeking such buildings being close to existing farm buildings. As well, the arena would be at least 218m at its closest point to the Lanjaghan Road, which has mature sodbanks and a large woodland area along its southern stretch where the application site is situated.
• 7.3.4 Based on the foregoing, it is not considered for the reasons indicated above that the proposal would adversely affect the countryside or have detrimental impacts on the character and appearance of the countryside.

- 7.4 LOSS OF HIGH QUALITY AGRICULTURAL LAND

• 7.4.1 EP19 allows for equestrian development provided that they do not result in the loss of high quality agricultural land. High quality agricultural land is defined as being Class 1/2, Class 2/3 and Class 3/2 as annotated on the Agricultural Land Use Capability Map. The proposal site is shown as being Class 3 and as such falls outside the defined land protected by EP19. Accordingly, it is considered the proposal would be acceptable in this regard.

7.5 IMPACTS ON HIGHWAY SAFETY

• 7.5.1 The existing stables on site are for the private use of the owners of the land and the access is already in use. As such, it is not considered that creating the riding arena to support

the existing stables on site would alter the existing site relationship with the adjoining highway to such a point that would be beyond the capacity of the existing highway network. Besides, Highways Services do not object to the proposal, whilst also finding the proposal to have no significant negative impact upon highway safety, network functionality and /or parking.

• 7.5.2 Therefore, it is judged that this would be acceptable given the fact the access and site layout is capable of accommodating any vehicles uses likely to be associated with the development.

7.6 AMENITIES OF EXISTING PROPERTIES

• 7.6.1 With regard to impact on local amenity, it is noted that the nearest property 'Barravore', Abbeylands is about 216m away from the south-eastern boundary of the proposed development, with the other neighbouring properties more than 350m away. Given the distance the arena would be positioned from any neighbouring property and landscaping between; it is not considered the proposals would result in significant adverse effects on local amenity.

• 7.3.3 Moreover, as has been noted, the proposal is for private and not commercial use which could result in significant intensification of activities with potential impacts on local amenity, particularly the highway network. Therefore, it is considered that due to the smaller scale of the domestic use, the number of vehicle movements expected on the site is relatively low and wouldn't be out of keeping with the existing site and there would also be sufficient parking available on the site. Any other potential noise or odour from the proposed equestrian use would not be out of keeping with the existing site character. A condition will be added to clarify the proposed private use.
• 8.0 CONCLUSION

8.1 For the reasons outlined above it is considered that the planning application is in accordance with Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016 and it is therefore recommended that the planning application be approved. - 8.2 Overall, there would be no material harm to the character or appearance of the area as a consequence of its siting, design, finish or size, and there would be no conflict in this regard, with Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016 which seek to protect such interests, and in the absence of any identified harm to the amenity of neighbouring properties.

9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

9.3 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 Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 15.01.2024

Signed : P VISIGAH 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.