12 August 2021 · Committee
Ballaquayle Farm, St. Marks Road, St. Marks, Ballasalla, Isle Of Man, IM9 3af
Permission was granted for the erection of an equestrian arena and associated facilities at Ballaquayle Farm, St Marks Road, St Marks, Ballasalla, Isle of Man. The farm site includes garaging, stables, and modern agricultural barns, and is accessed via a long driveway of approximately 450 metres connecting to St Marks Road (A26), with sod hedges running along both sides. The Planning Committee considered the application at its meeting on 9 August 2021 and resolved to approve it. The main planning issues examined were highway safety in relation to the existing access, the potential loss of high quality agricultural land, and any impact on the amenities of existing nearby properties. Approval was granted subject to nine conditions. The committee agreed amendments to conditions 7 and 9 before the decision notice was issued on 12 August 2021.
The Planning Committee approved the application at its meeting on 9 August 2021, with the decision notice issued on 12 August 2021. Approval was subject to nine conditions, including amendments to conditions 7 and 9 agreed at the committee meeting. The key planning issues considered were highway safety, the potential loss of high quality agricultural land, and the impact on the amenities of neighbouring properties.
General Policy 3
This application has been recommended for approval for the following reason. It is considered that the planning application is in accordance with General Policy 3
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
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
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 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.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The proposed equestrian arena and associated facilities must be implemented in accordance with drawings 1006.05 received on 24th May, 2021; and 1006.04 Rev A received on 22nd July, 2021.
Condition 3
No part of the equestrian facility hereby approved may be used until the access and parking arrangement have been constructed in accordance with submitted drawing 1006.04 Rev A received on 22nd July, 2021, and shall thereafter be retained as such.
Condition 4
The indoor equestrian arena and stables hereby approved shall be used solely in connection with the businesses as set out in the Design and Access Statement received 24 May 2021; Applicant and Highway Correspondence dated 7 July 2021; Additional Statement from Applicant and Agent received 22 July 2021; and Email from Applicant received 26 July 2021; and for the owners' private use. It will be not be used for any other third party use, unless otherwise agreed in writing with the Department.
Condition 5
The building must be used only for equestrian purposes.
Condition 6
The indoor equestrian arena and stables hereby approved shall be used only in connection with Ballaquayle Farm site for equestrian purposes and may not be let out separately therefrom.
Condition 7
Prior to the installation of any external lighting on the approved arena, the details of the lighting scheme shall be submitted to and approved in writing by the Department. The lighting scheme shall be implemented in strict accordance with the approved details and thereafter retained as such.
Condition 8
The equestrian building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for equestrian purposes.
Condition 9
Prior to the use of the building hereby approved, the surface of the first 6m of the connection of the site access with the lane is to be made of a consolidated and bound material (not loose stone or gravel).