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Application No.: 15/00545/B Applicant: John Potts Proposal: Erection of a building to form three stables with feed and bedding store and creation of field access Site Address: Field 214380 Upper Ballacrye Sandygate Ramsey Isle Of Man Case Officer : Miss Jennifer Chance Expected Decision Level: Officer Delegation
Officer’s Report Site
1.1 The site is a roughly square area of land measuring approximately 20m by 20m. It lies adjacent to a residential dwelling known as Upper Ballacrye which is accessed from a private lane that serves a number of properties. The proposal - 2.1 Proposed is a three bay stable with tack room and a newly created access to the field from the lane. The access to the field necessitated (it has already been carried out) the removal of part of a sod bank 4 metres wide.
2.2 The building would be constructed out of metal sheeting with a brickwork base and a natural grey fibre cement roof. Although elevations and a roof plan have been provided, no floor plan has been. Whilst is can be deduced from the other plans what the floor plan will be like, it is requirement of any planning application and is normally essential for the determination of an application. In this instance it is acceptable that this be submitted as a condition of any approval prior to any works commencing. Planning History - 3.1 A previous application on the site 15/00160/B was refused. That application was for the 'Erection of an agricultural storage building with field access and hard-standing'. The building was to be 15.3 metres by 6 metres with a ridge height of 3.8 metres. No agricultural justification was provided with the submission. The application was refused for the following reason: 'The Department is not satisfied that there is sufficient justification for the proposed building to warrant setting aside the presumption against development outside of 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 provisions of General Policy 3, part (f) and Environmental Policy 1 & 15 of the Isle of Man Strategic Plan 2007.'
3.2 01/00839/B. An application for the erection of agricultural building for horses and cattle was REFUSED on the following grounds: "R 1. The proposed new building is of a size, form and construction that would encourage future use as a dwelling, which would be contrary to established planning policy in respect of
residential development in the countryside. There has not been sufficient need for a facility of this type demonstrated as to outweigh the above concern."
3.3 On an adjacent site an application for the erection of an agricultural building (07/00240/B - Field 214380, Upper Ballacrye, Sandygate) was approved, but is now the subject of an enforcement investigation as it appears that it is not in agricultural use. Development Plan policies - 4.1 The site is not designated for development under the Isle of Man Development Order 1982.
4.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policies are relevant in the consideration of the application:-
4.3 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."
4.4 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:
4.5 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). - 4.6 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.
Representations
5.1 Jurby Parish Commissioners (11.6.15): The Commissioners feel that a steel framed building is unusual for a stable purpose built building and believe that stables are normally timber buildings. They note that other people need to have access over the lane, so it is not an entirely private lane. They feel that should approval be given then a condition should be attached which states that they are not to be converted into agricultural storage or a dwelling house or any other living accommodation at any time in the future.
5.2 Highway Services: Do not oppose. Assessment 6.1 Upon refusal of the last application, which had been submitted without any preapplication discussion, the applicant indicated his surprise at the refusal and stated he only wanted the building for horses and it was the smallest size building he could find. Officers advised that it would be better to apply for stables if that is what the applicant actually wanted and consequently this application has been submitted. It should be noted that the applicant is now different from the person who owns the agricultural building nearby.
6.2 Strategic Plan policies do allow for equestrian related buildings in the countryside, provided they are designed for that specific purpose, are not detrimental to visual amenity or the character of the countryside, provided there is no loss in high quality agricultural land and the highway network can satisfactorily accommodate any increase in traffic.
6.3 In this instance the building is now of an appropriate size for the stabling of three horses. Whilst the use of a metal building is not common, it is not unprecedented. The applicants have planted trees on the boundary nearby and this will help reduce any impact in the surrounding area. The building should be of a colour that blends easily into the countryside and this should be a condition of the approval. As the building is for use of the adjacent dwelling, it is not considered that there will be much additional traffic. Theland is not rated as being of high quality 1 or 2. - 6.4 The concern of the Commissioners about the potential of misuse of, or future use of the building, is understood given the number of cases in the north of the island where this has occurred. Given that any other development would need to be justified, it is appropriate to impose a condition that sets out that if the building is no longer needed for its approved purpose then it should be removed.
Recommendation.
7.1 Approval subject to conditions. Party status (Standard Planning Application)
In this instance there are none.
Recommendation Recommended Decision: Permitted
Date of Recommendation:
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of visual amenity and to reduce the impact of the building on the countryside.
Reason: The building is approved as an exception to policy that restricts unwarranted built development in the countryside.
This approval relates to Drawing number P5539-01 C; location plan; Proposed Site Plan and Plan of Access.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Director of Planning and Building Control.
Signed :………M GALLAGHER.. Michael Gallagher Director of Planning and Building Control
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