DEC Officer Report

Applicant: Miss Kathryn Ions Proposal Erection of stable block on existing concrete base (retrospective), construction of equestrian manege and change of use of field Site Address Land Adjacent To Ocean View Baltic Road Kirk Michael Isle Of Man IM6 1EF Case Officer : Mrs Vanessa Porter Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 04.03.2024

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. In the event that the stable building and manege approved is no longer used or required for the stabling of horses, the stable building and its associated hardstanding shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.

Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided and its subsequent retention without that need would result in an unwarranted stable building in the countryside.

• C 3. The building hereby approved must be used only for equestrian purposes in association with the residential dwelling Ocean View, and shall not be used for any commercial use or commercial purposes.

Reason: The application has been assessed on this private use only as requested in the application for the stabling of horses and keeping of equipment and feed in association with the horses.

• C 4. The change of use of land to private equestrian use relates only to the area outlined in red as shown on Site Location Plan received 29th November 2023. Reason: The application has been assessed on this area only for private equestrian use.

• C 5. In the event that the stable building is removed in line with C2 above, the equestrian use of the land must also cease.

Reason: the equestrian use of the land is considered on an exceptional basis for the need for horse grazing and in the event that need ceases the land shall also revert to its original use and purpose.

• C 6. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps, horse boxes or any other associated equestrian paraphernalia on the land edged red on the Site Location Plan received 29th November 2023.

Reason: The application has been assessed on the change of use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amenity.

• C 7. 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 no harm to the surrounding countryside.

This application has been recommended for approval for the following reason. It is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans/drawings/information:

• - Cover Letter (29.11.23)
• - Lease Agreement (28.11.23)
• - 03 Site and Location Plans
• - Page 1 of 2 Plan
• - Page 2 of 2 Elevations
• - Example Photograph
• - Map Extract showing surrounding land
• - 02 Preliminary - Site Plan and Site Section (08.02.24) _______________________________________________________________

Interested Person Status

Additional Persons

None ________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE REGARDED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

THE SITE

1.1 The application site comprises of the property Ocean View and the adjacent field to the South/ South East of the site. The development is focused particularly to the South West of the site within the adjacent field. Ocean View as a whole is situated on the Western side of Baltic Road within Kirk Michael.

1.2 The field in question is irregular in shape and bounded by field to the South East and South West, a road to the North East and to the North West, a long barn in connection with the dwelling and an orchard. - 1.3 The site overall site ranges from South to North from 124.43m above sea level to 129.91m above sea level. THE PROPOSAL

2.1 The current application seeks approval for the following items, firstly for the erection of a building for the purposes of housing horses, secondly for the creation of a ménage for the training and exercising of horses and thirdly respectively for a concrete pad. - 2.2 The proposed stable block is to be sited to the North Western part of the field in question and measures approximately 14.3m by 11m and is situated in a C shape. The proposed stable block is to have a hay/feed area, an all year field shelter, three stable blocks, a tack/store area and an open fronted farrier/ wash bay. The proposed materials are for the main body of the stable block is to be shiplap cladding with the roof being black onduvilla tiles. - 2.3 To the South East of the site is a proposed manège, which is to measure 20m by 40m, enclosed by a 1.1m post and rail perimeter fencing. Due to the height of the land, the ground floor level of the proposed manège is approximately 2.5m higher than the ground level of the proposed stable block. - 2.4 The planning statement states the following regarding reasoning, "We currently have 3 horses based in temporary winter livery & sporadic summer grazing and need to bring them closer to us permanently. We would like to be able to house and exercise them with the proposal, utilizing the existing concrete base - leaving the remainder of the field area for grazing. We have additional land to long term and are in the midst of purchase of further land. All detailed in additional documents & appendix.

The current buildings (garage & tool shed) on the land cannot be used for equine housing due to their dimensions, layout & entrances (not being safely to BHS equine regulations). They cannot be used for food/bedding/ tack storage due to their location and lack of suitable material & watertight roofing."

PLANNING HISTORY

3.1 The site has had several applications upon it of which the most relevant is PA23/00454/B which was for "Erection of stable block on existing concrete base, construction of Equestrian Manege and change of use of field," and was Refused for the following reasoning; R1 - The Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside areas zoned for development. Furthermore, the proposed size and isolated position within the countryside is not considered appropriate and would harm the character and quality of the landscape. As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provision of General Policy 3(g) and Environment Policies 1, and 21 of the Isle of Man Strategic Plan 2016. PLANNING POLICY - 4.1 The application site is designated partly as "Open Space (Agriculture)" on the Kirk Michael Local Plan 1994 map and an area "not designated for development" upon the 1982 Development Plan, North Map, the site is not within a Conservation Area nor a Flood Risk Zone.

- 4.2 KIRK MICHAEL LOCAL PLAN

• 4.2.1 Due to the development works being within the area designated upon the Kirk Michael Local Plan, Policy No. 12.4 is relevant and states, "With the exception of areas already proposed for development use, no areas of open space should be released for development."

- 4.3 ISLE OF MAN STRATEGIC PLAN

• 4.3.1 The following policies from the Strategic Plan are relevant to the assessment of this application. Strategic Policy

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages

• 5 Design and visual impact Spatial Policy 5 Development only in countryside in accordance with General Policy 3 General Policy

• 2 General Development Considerations
• 3 Exceptions to development in the countryside Environment Policy 1 Protection of the countryside 15 Development of agricultural buildings in the countryside 19 Equestrian development 21 Development for stabling or shelter of animals in the countryside Transport Policy
• 4 Highways safety

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 No comments have been received from Highway Services at the time of writing this report. - 5.3 No comments have been received by Michael Commissioners at the time of writing this report.

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Principle
• - Need
• - Character and appearance - stable block
• - Character and appearance - manège
• - Highway Impact

- 6.2 PRINCIPLE

• 6.2.1 The starting point with any application within land designated as "not for development" is whether the proposal would comply with the relevant planning policies in connection with the site designation.
• 6.2.2 As stated above the site falls within an area not zoned for development on both the Kirk Michael Local Plan 1994, and the 1982 Development Plan, as such there is a general presumption against development within the countryside with development to be focussed towards defined settlements in accordance with Spatial Policy 5.
• 6.2.3 Section 4 of this report highlights that there is a provision within the Isle of Man Strategic Plan for equestrian related development as an exception to the presumption against development in the countryside. Paragraph 7.15.1 of the Isle of Man Strategic Plan 2016 recognises that equestrian activities are becoming increasingly popular and may have an adverse impact on the character and appearance of the countryside.
• 6.2.4 Section 4 of this report highlights that there is a provision within the Isle of Man Strategic Plan for equestrian related development as an exception to the presumption against development in the countryside. Paragraph 7.15.1 of the Isle of Man Isle of Man Strategic Plan 2016 recognises that equestrian activities are becoming increasingly popular and may have an adverse impact on the character and appearance of the countryside. Among other things, sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such impacts. This is followed by Environment Policy 19 which allows for the development

• of equestrian activities in the countryside where there would be no loss of local amenity, no loss of high-quality agricultural land and where they would be no highways issues and Environment Policy 21 which resists the construction of stables in rural areas where they would be detrimental to the character and appearance of the countryside in terms of siting, design, size and finish. Any new buildings must be designed in form and materials to reflect their specific purpose. This is then followed by Environment Policy 20 which indicates that 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 under exceptional circumstances.
• 6.2.5 As identified within the Isle of Man Strategic Plan 2016, equestrian activities can only be situated within the open, rural countryside, as such the general principle of equestrian is acceptable. Whilst this is the case, it is necessary to assess whether the siting, scale, character is acceptable in relation to the surrounding countryside and whether there are any other impacts from the proposal.

- 6.3 NEED

• 6.3.1 The application seeks to have equestrian use of the land outlined in red on the location plan received, it should be noted that the likelihood of the land to the North and North West of the proposal (stated as garden) is unlikely to be used as equestrian and the main siting for the equestrian use is to the East and South of the dwelling. The proposal also includes the erection of a stable block which is to have three stables, one open all year round stable, a hay/ feed store, a tack/ store and an open fronted farrier/ wash bay.
• 6.3.2 The applicants have stated within their covering letter that they currently own "3 horses based in temporary winter livery & sporadic summer grazing and need to bring them closer to us permanently. We would like to be able to house and exercise them with the proposal, utilising the existing concrete base - leaving the remainder of the field area for grazing. We have additional land to long term lease and are in the midst of purchase of further land."
• 6.3.3 The British Horse Society recommends for a pony a minimum stable space of 3.05m x 3.05m is required and for a horse a minimum stable requirement of 3.65m by 3.65m to be provided, the proposal within this application includes three stables, two of which measure 3.66 by 3.581 and one which measures 5.499 by 3.63m, as such from this point of view the stables are sized to meet the basic needs of a horse.
• 6.3.4 Having noted that the existing outbuilding on the site cannot be used for the storage of tack/ hay & feed, the proposed areas within the stable block are deemed acceptable for the proposal.
• 6.3.5 The all-weather shelter has been explained by the applicant as being required due to the location of the site and the climate that surrounds the site during certain times of the year e.g. snow.
• 6.3.6 It should be noted that there is additional information within this application which was not provided within the previously refused application which includes land which is rented by the applicants for their houses to graze upon.
• 6.3.7 Overall whilst having regard to the health of the applicant's animals, and noting that the existing outbuilding is not suitable for stabling and the area of land which is rented by the applicants for the grazing of their horses, with the additional parts of the stable being explained fully, it is considered that the need for a stable of the size sought has been acceptably demonstrated in this case.

- 6.4 CHARACTER AND APPEARANCE - STABLE BLOCK

• 6.4.1 When looking at the character and appearance of the proposed stable block it can be seen to be a timber build which is of a scale and height of a typical stable block which can be seen all over the island.

• 6.4.2 Any views of the proposed stable block will be from a distance, with any views of the proposal being read in the context of its surrounding and as such it would not be seen as unduly intrusive or an incongruous feature in the countryside here, nor would it break the skyline or have a dominating visual impact.

- 6.5 CHARACTER AND APPEARANCE - MANÉGE

• 6.5.1 Turning towards the proposed manege, the proposed manege is to be located directly between the proposed stables and a field used for the exercising and grazing of horses, as such it would be deemed a complimentary use on close association. Whilst the manege would take a large amount of the existing field, the applicant has shown that they rent a large amount of fields in the surrounding area and as such, the installation of the manege, noting that conditions will be attached that if it is no longer used it will be required to be removed, would have a minimal impact upon the countryside. In this instance, it is considered the proposal by its close proximity to the proposed stables whilst remain sympathetic to the rural landscape, would meet the exception under General Policy 3(f) and Environmental policy 15.
• 6.5.2 It should be noted that initially there will be some groundworks to assist in the ground being flat and the creation of sod banks. Whist this is the case it would not be considered that this would have a detrimental impact on the area and given the close proximity to the stables, with the two being read in conjunction and legible for what their use and intentions area.
• 6.5.3 It is ascertained from the drawings that the surface will be a reinforced sand finish which will ensure that the riding surface can drain and is a finished surface suitable for horse riding. The proposal does not include any illumination, and due to the location a condition should be attached to state that no lighting is used to minimalize any impact on the surrounding area and landscape.
• 6.5.4 On the whole, the proposal is not considered to have any greater impact on the surrounding area or countryside than the existing stables building and is deemed acceptable in accordance with Environmental policy 1 and 21.

- 6.6 CHANGE OF USE OF FIELD

• 6.6.1 Turning towards the proposed use of the field adjacent to the proposed ménage as equestrian use. Equestrian use of land is not in this instance an agricultural use, as such it would constitute development requiring an application. The proposed equestrian use of the land in this instance would provide suitable grazing area for the keeping of any horses and would be without the loss of any high quality agricultural land.
• 6.6.2 Soil classification maps indicate this area as being Class 3, so while the proposal results in the loss of a fairly sizable area of grazed field this is not considered to be unacceptable in terms of Environment Policy 19, and there still remains notable area to accommodate a continued grazing of horses.
• 6.6.3 Minded that reverting back to an agricultural use could happen at any time given agriculture use does not constitute development and can be undertaken without the need for a planning application in line with The Town and Country Planning Act 1999. For the avoidance of doubt a condition revoking any external storing of horse jumps or any other similar horse exercising equipment is necessary given the application has not sought approval for any of these within the fields.

- 6.7 HIGHWAY IMPACT

• 6.7.1 In relation to the impacts on highway safety, it is noted that whilst proposal is expected to generate some level of traffic relative to its scale of operations, the scale of activities on site (given the nature of the holding), would not be so adverse as to warrant refusal of the scheme on highway grounds.

• 6.7.2 Given that no comments have been raised from Highway Services and the application does not create a new or alters an existing access and is not having additional users entering or

existing the site, the proposal is deemed to align with the principles of General Policy 2 (h & i), Transport Policy 4, and Environment Policy 19.

CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 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.

8.2 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 6(4) who should be given Interested Person Status.

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: 11.03.2024

Signed : J SINGLETON 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.

PLANNING COMMITTEE DECISION 11.03.2024

Application No

23/01400/B

Applicant Miss Kathryn Ions Proposal Erection of stable block on existing concrete base (retrospective), construction of equestrian manege and change of use of field Site Address Land Adjacent To Ocean View Baltic Road Kirk Michael Isle Of Man IM6 1EF Planning Officer Presenting Officer Mrs Vanessa Porter

Mr J Singleton

Addendum to the Officer Report

The Planning Committee approved the application with the additional condition attached;

• 8. Prior to the commencement of the manege details shall be submitted to and approved in writing by the Department which indicates the surface finish of the manege and these approved details shall be fully adhered to and retained thereafter. Reason: In the interest of ecology/biodiversity.