Officer Report

Application No.: 15/00166/B Applicant: Mr Mathew & Mrs Lynda Ingham Proposal: Erection of an equestrian building to provide an indoor riding school, stables and feed, tack and equipment store with associated car parking Site Address: Stables Ballaclucas Farm Top Road Crosby Isle Of Man Case Officer : Miss S E Corlett Photo Taken: 26.03.2015 Site Visit: 26.03.2015 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE

1.1 The site is part of Ballaclucas Farm, a holding which lies on the northern side of the A27 Crosby Top Road. The amount of owned land extends to around 57 acres. Two further parcels of land lie to the north and west, the latter the curtilage of The Nab Farm along with farmhouse and farm buildings. The owned land stretches between the Crosby Top Road and the West Baldwin Road (B22). - 1.2 The site, defined in red accommodates buildings in the form of stable blocks and an outdoor arena area which lie behind the house. A car parking area lies to the east of a lane which runs through the site, north to south at the southern end of which is The Forge, a converted outbuilding which provides residential accommodation. THE PROPOSAL

2.1 Proposed is the erection of a building which will accommodate an indoor arena. The building will sit to the north of the existing outdoor arena in an area which is presently paddock. The building will be 55m by 26m and will be 6.7m to the eaves and 9.3m to the ridge. The building will be finished in fair faced blockwork up to a height of 1.3m and above that hit and miss timber cladding. The roof, soffits and fascias are to be finished in Juniper Green cladding. There are to be two large sets of two sliding doors in the southern elevation and two sets of two smaller doors in the eastern elevation.

2.3 An embankment is proposed at the northern, higher end of the site and gabion basket formed retaining structures to the east of the proposed building, New trees will be planted to the east of the lane, to the east of the car park and to the south of the new building to reinforce the trees which are currently in place. - 2.4 The building will accommodate an indoor riding arena, stables and a feed store. There is no indication of any viewing area or other facilities for those using the building. Access into the arena is either via the stables, the feed store or the access doors on the southern elevation.

2.5 The site will be excavated to accommodate the building, lowering the level at the northern end of the site by up to 3m. A very small amount of land will be built up at the southern side 400mm.

PLANNING STATUS AND POLICY

3.1 The site lies within a wider area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order 1982. This area extends as far as the rear of The Nab Farm buildings to the west.

3.2 As such, there is a presumption against development in such areas as set out in Environment Policies 1 and 2. Further information and guidance is given in respect of equestrian-related development in Environment Policies 19, 20 and 21.

• 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."
• 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."

• 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)."
• Environment Policy 20: "There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas of an Area of High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."
• 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."

PLANNING HISTORY

4.1 There are relevant previous applications which include not only applications for the development of the application site and land within the applicant's ownership, but also applications for the development of similar structures in the immediate vicinity, some successful, others not so.

4.2 The site itself has been the subject of the following applications:

PA 14/00005/B - Alterations and extensions to stables and conversion of feed store and open bay to create two additional stables (partial retrospective) Status Permitted 13th February 2014

PA 13/91540/B - construction of new vehicular access to serve equestrian stables complex

• Status - approved 28th April, 2014

PA 13/90994/C - Removal of condition 2 of PA 08/01437/R regarding the usage of the manège

• Status - approved 29th October 2013 Conditions

• 1. The approved lighting may not be used between 9pm and 8am. All lighting must be

shrouded so as to direct light only onto the proposal site to protect the amenity of the surrounding area.

• 2. The approved manège must not to be used for equestrian events of any kind but may

only be for horses and ponies stabled at Ballaclucas Farm with the exception of an occasional visiting horse and or pony.

• 3. Within 3 months of the date of this approval, a traffic mirror shall be erected opposite

the access to the site in accordance with details to be agreed in writing with the Planning Authority. The mirror shall be kept in good order and in situ thereafter.

PA 13/00701/LAW - Certificate of Lawful Use for the running of a Livery Stable Yard business Status : Certificate of Lawfulness AGREED 11th October 2013 Conditions

1. The submitted application reference PA 13/00701, contains evidence sufficient to demonstrate that the stables and yard to the rear of the bungalow at Ballaclucas Farm (as defined by the red line on drawing P10-100 Rev B date stamped 21st August 2013) has been used as a livery stable yard business for a period in excess of 10 years.

PA 08/01437/R - Erection of extension to stables / implement store and creation of manège Status 29th October 2008 Conditions :

• 1. This approval relates to the creation of a manege arena and the erection of an

implement store as shown on the plans and information WL/08/1091/2 and WL/08/1091/3 submitted and date stamped 23rd July 2008 and WL/08/1091/1A submitted and date stamped 24th October 2008.

• 2. The approved equestrian arena may not be used for any commercial purposes and must

remain incidental to the use and enjoyment of the property Ballaclucas Farm as identified on the submitted plan WL/08/1091/2.

• 3. The approved lighting may not be used between 9pm and 8am. All lighting must be

shrouded so as to direct light only onto the proposal site to protect the amenity of the surrounding area.

PA 95/01611/B - Erection of horse stables, tack room, and hay store in field behind, Ballaclucas Farm, Mount Rule, Marown. Status Permitted 20th March 1996

• PA 95/01354/B - Erection of horse stables including tack room & hay store, field behind Ballaclucas Farm, Mount Rule, Marown. Status Refused 7th February 1996

• PA 96/01336/B - Erection of additional horse stables to the rear of existing stables, Ballaclucas Farm, Mount Rule, Marown. Status Permitted 9th January 1997

4.3 The Nab has been the subject of two particular applications which are considered relevant to the consideration of the current application, partly as they relate to land which is in the vicinity of the application but also as this land lies within the leased control of the applicant as shown on the submitted plans. An application was submitted for the erection of an indoor arena at The Nab to the east of the existing buildings on the site - PA 00/01224/B. This was refused for the reason that:

"Notwithstanding the landscaping shown in the drawings received on 10th August, 2001, the proposed equestrian centre, by virtue of its size and particularly its height, would create significant impact in an area generally characterized by smaller buildings. The building, due to its height and position, would be visible on the skyline as viewed from some points on the A23 Mount Rule Road".

4.4 This building was to be 70m by 30m and 9m high.

4.5 A further application was submitted for the erection of an indoor manege, stables and tack room to the north west of the buildings at The Nab - PA 10/00059/B. This was approved on appeal, confirming the initial approval of the application, contrary to the inspector's recommendation. In that case the building was to be 40m by 20m and 8m high and positioned just outside the area of High Landscape Value and Scenic Significance. The inspector noted that despite not being included within area of High Landscape Value and Scenic Significance, the landscape was more open and arguably more attractive and the building would as a result, be higher and more visually separate from the existing buildings. The Minister overruled this, concluding that the proposed landscaping would eventually screen the building resulting in an acceptable visual impact. This building has not been built and that approval has now lapsed. - 4.6 A further indoor arena was approved and has been built at the Mount Rule Equestrian Centre - PA 97/01035/B. This building has a footprint of around 18m by 41m.

REPRESENTATIONS 5.1 Marown Parish Commissioners are concerned that the land is not designated for development and there is a presumption against equestrian development in the countryside. They are concerned at the scale rather than the principle and feel that a sectional drawing illustrating the relationship with other drawings would be useful. They are concerned at the implication of commercial activity as previous decisions have precluded this. They would be less inclined to object to the application if it were not for commercial use (20.03.15). The applicant has submitted additional sectional drawings (29.04.15) but these were not circulated until 22.06.15 and the next Commissioners meeting is not until 15.07.15. The Commissioners have as such not had the opportunity to communicate their views on the further information.

5.2 Department of Infrastructure Highway Services initially objected to the application on the grounds that the parking spaces are not of a sufficient size to accommodate the vehicles likely to use the site (10.03.15). They have since discussed the application with the applicant and are now happy that the proposal contains sufficient space in which all vehicles which will result from the proposed development can be satisfactorily accommodated on the site. ASSESSMENT - 6.1 There is a presumption against all development in the countryside, not just equestrianrelated development and the policies which give guidance on equestrian-related development

actually state that such development "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...and where the local highway network can satisfactorily accommodate any increase in traffic and that such development will generally not be permitted in areas of High Landscape Value and Scenic Significance. The site lies within such an area. As such, it is important to look carefully at the impact which the development will have, principally the impact it will have on the character and appearance of the countryside.

6.2 The applicant has helpfully provided sectional information which demonstrates how the building will appear in the landscape, particularly as viewed from the approach to the site from the west. From here, the site and building will be visible on the natural rise of the land, from the lane leading to Ballalough Farm, which is also a public footpath and the building will continue to be visible from up this lane. The building will become less visible as one proceeds along the A27 towards the site but obscured by existing hedges, trees and buildings. From the east the building will be visible above the house. In both cases the visibility is heightened by the light colouring of the gables which are finished in timber cladding and which could be coloured in a darker colour through painting or staining: in the sectional elevation the building is shown to be finished in dark brown.

6.3 It is considered that whilst the site is identified as of high landscape value, the visual impact of the building, as helped by proposed and existing vegetation and darker colouring of the external finish will result in a building which has minimal and an acceptable impact on the landscape and will not harm it, particularly taking into account that there are other large agricultural and equestrian buildings elsewhere in this part of the countryside which contribute towards its character. - 6.4 The facility will attract more traffic to the site, being an additional facility for the business. Whilst the existing operation is subject to a condition which requires that "The approved manège must not to be used for equestrian events of any kind but may only be for horses and ponies stabled at Ballaclucas Farm with the exception of an occasional visiting horse and or pony", this will clearly need to be adjusted as it is intended for the facility to be available not only to those who already visit the site or have their animals stabled there. The condition was attached prior to the approval of the alterations to the access, which have been implemented and now provide considerably improved access to the site, not only in terms of improved visibility for those using the access, but also improved visibility for the users of the public highway and a widened access for those coming into and out of the site. As such, it is not considered that there is any need for the retention of this condition as additional traffic, including horse boxes and trailers can now be satisfactorily accommodated in highway safety terms. - 6.5 The application is considered to be acceptable and is recommended for approval.

PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the

word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation:

03.07.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The side (north west and south east) gables shown as finished in timber boarding must be stained or painted dark green or dark brown or otherwise approved by the Department and this colour applied within one month of the completion of the building and prior to its use. Reason: to minimise the visual impact of the new building in the countryside.
• C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• C 4. No additional external lighting may be installed within the site without the prior written permission of the Department.

Reason: to preserve the visual amenity of the area and the living conditions of those in the vicinity.

-----------------------------------------------------------------------------------------------------------This approval relates to drawings P11-01 received on 29th April, 2015, P10-01, P10-02, P10-

• 03, P10-04 and P12-01 received on 17th February, 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ……PER…… Committee Meeting Date:…13.07.2015

Signed :………S CORLETT………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (To include condition 4 at the request of the Committee).

Signatory to delete as appropriate YES/NO