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Application No.: 23/01327/B Applicant: Miss Catherine Tyler Proposal: Erection of stable, feed and tack structures and change of use from agricultural to equine (retrospective) Site Address: Fields 514233 And 514234 Moaney Road Santon Isle Of Man Planning Officer: Mr Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.01.2024
C : Conditions for approval N : Notes attached to conditions
Reason: To ensure that there would be no significant negative impact upon neighbours residential amenities; and, highway safety, the highway network functionality and/or parking by minimising traffic movements.
Reason: To protect the sensitive marshy grassland habitat on part of the site and to maintain the recognised diversity of its ecological interest in accordance with the provisions of Environment Policies 4 and 5 contained in the Isle of Man Strategic Plan 2016.
Reason: To protect the sensitive marshy grassland habitat on part of the site and to maintain the recognised diversity of its ecological interest in accordance with the provisions of Environment Policies 4 and 5 contained in the Isle of Man Strategic Plan 2016.
lighting shall be installed in accordance with the approved details and shall be operated in accordance with the manufacturer's instructions and shall thereafter be retained and maintained at all times.
Reason: To minimise the impact of the development on the occupants of neighbouring and nearby dwellings; and, on Bats, Birds and any other Protected Species; and, to safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.
Reason: The stable, feed store and tack room buildings, have been exceptionally approved solely to meet the specific need based on the information provided and their subsequent retention without that need would result in an unwarranted stable, feed store and tack room in the countryside
N 1. The Ecosystem Policy Team has records of non-native invasive Japanese knotweed in the vicinity of the site, which is listed on Schedule 8 of the Wildlife Act 1990. Activities on site could enable such plants to spread into the wild which would be an offence, and so its presence on site should be investigated and if present, responsible eradication measures put in place. This application has been recommended for approval for the following reason. It is considered that the development complies with Environment Policies 1, 4, 5, 19 and 21 in the Isle of Man Strategic Plan 2016, and the application is supported. Plans/Drawings/Information; The development shall be maintained in accordance with the forms, plans, photographs and documents as date-stamped received on 13 November, 2023. _______________________________________________________________
Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site comprises area comprises field Nos. 514233 and 514234 which are located in open countryside at Newtown and are bounded to the south by Moaney Road, with residential development in Ballanoa Meadow on the opposite side of the. The fields extend northwestward to the rear of the applicants dwelling at Mild May which fronts onto the A5 Douglas Castletown Road in this location. Residential properties to the north and south of Mild May also bound the site and front onto the A5. The NW portion of the fields is given over to marshy scrubland, and is fenced off from the main grazed areas of the fields by post and rail fencing. Immediately to the north of Summerhill Manor, and is bounded to the west hedging along the roadside boundary with Summerhill Road. The land falls gently from front to rear (SE to NW). The soil capability is graded as 3. - 1.2 On the site are sited
1.3 These structures are sited to the rear of Mild May and the adjoining dwelling to the south Karmalou. A gate from the grounds of Mild May provides access from the applicants property to the site. The rear garden area serving Karmalou is screened from the site by a mature hedge. A boundary hedge in this location separates the two fields forming the application site with the feed shed being in the field to the rear of Mild May; and, the Stable and tack room being located in the field to the rear of Karmalou. THE PROPOSAL
2.1 The application seeks retrospective planning permission for the change of use of the land from agricultural to equine use and for the erection of the stable, feed and tack room structures. - 2.2 The application stems from an Enforcement Case Ref: 23/00183/AUD. The application forms advise that the works were undertaken since 01/09/2023. PLANNING POLICY
3.1 The site lies within an area designated on both the Town and Country Planning (Development Plan) Order 1982 and the Area Plan for the East as not for a particular purpose and where there is a general presumption against new development and the protection of the countryside and sensitive habitats as set out in Environment Policies 1, 4 and 5 and General Policy 3 of The Isle of Man Strategic Plan 2016. - 3.2 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). - 3.3 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, cavitywall construction should not be used. - 3.4 Policy GP2 parts (b) (c) (g) (h) and (i), which are General Policies relating to siting and design; impact on the landscape; impact on residents amenities; provision of a safe highway access and sufficient turning and parking; and, addition to traffic flows on the highway network, are also of relevance in the consideration of this application. PLANNING HISTORY
4.1 None of direct relevance. REPRESENTATIONS - 5.1 Highway Services - No highways interest. Comments received - (17.11.2023).
5.2 Santon Parish Commissioners - No comments had been received by the Report drafting stage (26.01.24). - 5.3 Forestry, Amenity and Lands, CHA - No comments had been received by the Report drafting stage (02.05.23). - 5.4 Planning Enforcement Officer - No comments had been received by the Report drafting stage (26.01.24). - 5.5 MUA - No comments had been received by the Report drafting stage (26.01.24). - 5.6 DEFA Ecosystem Policy Officer (6/12/23) - comments as follows:
"PA 23/01327/B - Erection of stable and change of use from agricultural to equine (retrospective, Fields 514233, and 514234, Moaney Road, Santon.
A significant proportion (more than half) of field 514234 was mapped as rare marshy grassland habitat in the 1991-1994 Phase 1 habitat survey, and both fields contain large areas of willow and gorse scrub habitat. Additionally, aerial photographs seem to indicate that the rest of the land within field 514234 and 514233, which was originally mapped as agriculturally improved in the Phase 1 survey, has been allowed to develop naturally and now is likely to be of ecological interest, especially as there is known habitat with protected orchids only 10m away from the site. Both of the fields have been included as Areas of Ecological Interest in the area plan for the east.
Use of the land for equine purposes could lead to significant damage or destruction of the habitats present and a net loss for biodiversity, contrary to the following policies and statements in the Isle of Man Strategic Plan 2016.
Strategic Objective 3.3 (b) To protect, maintain and enhance the built and rural environment (including biodiversity) (i) To protect the countryside and coastal areas for their own sake.
Section 7.8.6 Development which would affect any proposed or other recognised site of conservation value, including areas of ecological interest, will only be permitted where it can be demonstrated that:
the proposed development will not compromise the conservation objectives of the site or unacceptably harm its conservation value and its overall integrity;
there is proven public interest where safety or exceptional social or economic considerations outweigh the ecological importance of the site; and
the need for the development cannot be met in other less ecologically damaging locations or by reasonable alternative means.
The Ecosystem Policy Team request that a Preliminary Ecological Appraisal (PEA), adhering to CIEEM (2017) Guidelines for Preliminary Ecological Appraisal (2nd edition), undertaken by a suitably qualified ecological consultancy, is submitted to Planning prior to determination of this application.
Should the PEA identify that features of ecological importance are to be negatively impacted then additional surveys will be required and a mitigation plan for their protection during and after the development, must be submitted to the Department for written approval prior to the determination of the application. Surveys should be undertaken in line with best practise guidelines.
Submission of reports prior to determination of this application is in line with UK best practice guidelines, as referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practice for Planning and Development (BS 42020:2013). Which states: "The presence or absence of protected species, and the extent to which they could be affected by the proposed development, should be established before planning permission is granted; otherwise all material considerations might not have been considered in making the decision. The use of planning conditions to secure ecological surveys after planning permission has been granted should therefore only be applied in exceptional circumstances, such as where original survey work will need to be repeated because the survey data might be out of date before commencement of development, etc."
The Ecosystem Policy Team also have records of non-native invasive Japanese knotweed in the vicinity of the site, which is listed on Schedule 8 of the Wildlife Act 1990. Activities on site could enable this plants spread into the wild which would be an offence, and so its presence on site should be investigated and if present, responsible eradication measures put in place."
6.1 Whilst there is a presumption against development here, Strategic Plan Environment Policies 19 and 21 make it clear that equestrian related development can be considered acceptable subject to certain conditions. In this case the site is within an area where the soil capability is graded as 3. The location of the buildings is close to other existing structures and is set against a backdrop of trees, and hedging located to the rear of a row of dwellings fronting the A5. The style, design and finish of the stable building, tack room and feed store are considered to be appropriate for their equine related use. The development is, therefore, considered to accord with EP's 19 and 21. EP20 is not relevant as the development is not significant or in an area of High Landscape Value and Scenic Significance.
6.2 Approval is also sought for the use of the land for the keeping of horses. The keeping of horses is not considered to be 'agriculture' unless the horses are used to farm the land, or are bred to provide meat or clothing. A change of use planning permission is therefore, required for the grazing of horses on agricultural land. Agricultural practises such as the keeping pf cattle, sheep or chickens on the land would not themselves require planning permission because agriculture (as well as forestry and horticulture) is the default land use on the Island and on the UK mainland.
6.3 The comments received from the Ecosystems Policy Officer are noted. The Case Officer has discussed the proposals with the Ecosystems Policy Officer via an exchange of emails, where it was agreed that as the change of use has already occurred and horses are kept on the land and the structures have been erected, there would be little to gain from requesting that a Preliminary Ecological Appraisal (PEA), be undertaken and submitted to DEFA Planning prior to determination of this application. From a conversation with the applicant it is noted
6.4 It is noted that no neighbour comments have been received and it is considered that the siting of the stables to the rear of Karmalou is unlikely to give rise to issues of noise and disturbance from fractious horses given that the stables would at most accommodate two horses. It is clear that the proposal is for private use given that access to the site is derived from the domestic curtilage of the applicants' residence at Mild May. However, in future access could be derived from Moaney Road should the applicants interest in the land cease. As such it is considered that it would be appropriate to restrict the use of the stables to personal use, albeit it is unlikely that the site would be operated as a commercial livery. - 6.5 Given the location of the stables to the rear of Karmalou it is considered that a condition should be imposed requiring details of any external lighting to be provided so that any light spill would be directed away from this and other neighbouring properties and that it would also minimise the impact on the character of the rural night sky.
7.1 It is considered that the development complies with Environment Policies 1, 4, 5, 19 and 21 in the Isle of Man Strategic Plan 2016, and the application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 30.01.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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