15 September 2021 · Delegated
Field 321658, Ballanicholas, Garth, Crosby, Isle Of Man, IM4 2hd
The application sought permission to build a horse stable and feed storage building in field 324068, set 104 metres back from the road and part way up a sloping field. The building measures 13.7m by 9.1m, with eaves at 2.6m and a central ridge of 3.9m, sitting on a concrete base cut into the land to create a level platform, with hardstanding to the rear for vehicle parking. The main planning issue was visual impact on the countryside. Policy EP21 and the Braaid Landscape Character Appraisal (D10) require that stable buildings must not harm panoramic views or the character of the countryside through their siting, design, size, or finish. The officer assessed that while some distant views of the building from Foxdale Road were likely, the building's modest scale, its position against a backdrop of agricultural land, and the existing roadside boundary treatment would limit its visual prominence. The land is Class 3 agricultural land, so no loss of high-quality farmland was involved.
The building's size, scale, and position 104 metres from the road, seen largely against agricultural land, were judged to keep visual impact within acceptable limits under EP21 and D10. The land is not high-quality agricultural land, and the development is not large-scale equestrian use, so the countryside policies that allow equestrian buildings subject to conditions were met. Conditions securing dark green metal cladding, landscaping, and removal if no longer required were attached to protect the rural character of the area.
General Policy 3
presumption against development
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 1
presumption against development
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
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
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
Environment Policy 20: 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 there are exceptional circumstances to override such a policy.
Environment Policy 21
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, cavity-wall construction should not be used. 7.16 Environmental Protection - Introduction 7.16.1 T here are many fac ets of environmental protection which have land use implications including pollution, unstable land, contaminated land and flooding. In terms of pollution, whilst it is the role of the planning system to determine whether a development is an acceptable use of land rather than seeking to control the processes or substances used in any particular development, it is important that the Planning Directorate operates alongside other agencies such as the Environment Safety and Health Directorate whic h has statutory responsibilities regarding environmental protection, and the Health and Safety at Work Inspectorate, The Isle of Man Water Authority, the Department of Transport and the Department of Agriculture Fisheries and Forestry. 7.17 Pollution 7.17.1 It is important to protect the environment and quality of life by controlling development which would lead to unacceptable levels of water pollution, air pollution and other nuisances such as noise and smells. However, it is not the role of land us e planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department of Local Government and the Environment. It is the intention of the following policy to prevent development which would unacceptably impact upon current and future land uses through the effects of pollution.
Landscape Character Area Braaid (D10)
nt 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. Braaid (D10) Landscape Character Area Braaid (D10) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its open large pastoral fields; b) its Manx hedges; c) its scattered farm houses fringed by trees; d) its sunken and enclosed rural road network and its numerous archaeological features. Key Views Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the built-up edge of Douglas. Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part. Foxdale (D11) Landscape Character Area Foxdale (D11) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field patterns delineated by Manx hedges; b) its numerous traditional buildings and its network of small roads and lanes; c) Restoration of landscapes distributed by former mining activities. Key Views Open views down and across the valley towards St Johns, the Greeba Valley and beyond to the peaks of the Northern Uplands from areas of higher ground. Enclosed views up to the surrounding Southern Upland areas and Stoney Mountain Plantation. Douglas Head (D12) Landscape Character Area Douglas Head (D12) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its open and panoramic views over large rectilinear fields; b) its steep winding small lanes encl osed by grassed Manx hedges; c) its scattered hill farms fringed by trees. Key Views Open and expansive views from most of the area out to sea, along the coast, over Douglas Bay and inland over the incised inland plateau up to the northern Uplands. Telecommunications tower on hill top forms highly visible landmark in surrounding areas. Landscape Proposal 6 (Douglas Head) Douglas Headland is exposed and prominent from many viewpoints. This is considered an outstanding natural feature and one which should be conserved. In order to conserve this vista of seascape and coastal views, applications for planning approval for new development in this area will generally not be supported. It is acknowledged that maintenance and need for upkeep may lead some existing development to seek planning approval from time to time, such as the radio transmission/telecoms site at Carnane. In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and include considering siting, colours, materials, finishes and the general scale. Santon (D13) Landscape Character Area Santon (D13) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons; b) its scattered settlement pattern; c) its Victorian garden and the railway. Key Views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. Incinerator chimney forms a notable landmark in the immediate area. Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. Views from Isle of Man Steam Railway. Landscape Proposal 7 (Santon) In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and considering siting, colours, materials, finishes and the general scale. Ballamodha, Earystane & St Mark's (D14) Landscape Character Area Ballamodha, Earystane & St Mark's (D14) Landscape Strategy Conserve and enhance the: a) character, quality and distinctiveness of this farmed landscape with various field patter ns defined by different hedges; b) scattered settlement pattern of traditional hamlets, farmsteads and nucleated settlements fringed by trees; c) varied road network enclosed by grassed Manx hedges and roadside vegetation; d) numerous wooded valleys and glens; e) physical structure and setting of upstanding heritage features such as the Silverdale watermill. Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt. Port Grenaugh (E1) Landscape Character Ar
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the first coming into use of the development hereby approved, details of the proposed landscape planting, in approx. location as shown on annotated site plan - hedging details date received 24/08/2021, shall be submitted to and approved in writing by the Department showing details of proposed species, nursery specifications, positioning and a programme of implementation. All landscaping works shall be carried out in accordance with the approved details within the first planting season following completion of the development and retained thereafter. If any of the planting dies within the first 5 years it shall be replaced with new planting in accordance with approved details. Reason: In the interests of the appearance of the development and the surrounding area.
Condition 3
The external elevations of the development hereby approved shall be finished in metal sheet cladding in a dark green colour and retained as such thereafter. Reason: For the avoidance of doubt and in the interest of visual amenity.
Condition 4
In the event that the building hereby approved is no longer used or required for the stabling of horses it shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased. - Reason: The building has been exceptionally approved solely to meet the specific use based on the information provided, and its subsequent retention would result in an unwarranted intrusion in the countryside.
Condition 5
The stable hereby approved must be used only for private equestrian purposes and shall not be used for any commercial or livery use. Reason: The application has been assessed on a private use only and in the interest of highway safety.
Condition 6
Prior to the installation of the hardstanding, as shown on annotated site plan hardstanding date stamped received 25/06/2021, details of the precise size, location and material finish shall be submitted to and approved in writing by the Department. The hardstanding as approved shall be retained thereafter. Reason: In the interests of the appearance of the surrounding area and to provide on site parking.
stable building in the nearest field sitting along the end of the road
Construction of international-size dressage arena and judges hut, Ballacallin Beg, Crosby, Marown
surrounding area
Extension to provide a refreshment area, Riding School Building Ballacallin Beg Foxdale Road Garth
surrounding area
Construction of stable, Ballacallin Beg
surrounding area
Erection of six wooden loose boxes and two field shelters, Ballacallin Beg, Crosby, Marown
surrounding area