DEC Officer Report

Applicant: Ms Samantha Leahy Proposal Erection of an equestrian arena and associated facilities Site Address Ballaquayle Farm St Marks Road St Marks Ballasalla Isle Of Man IM9 3AF Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 26.07.2021

Conditions and Notes for Approval

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 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. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 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. Reason: In the interests of highway safety.
• C 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.

Reason: for the avoidance of doubt as to the extent of the permission and in the interests of highway safety.

• C 5. The building must be used only for equestrian purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need. As such the building must be used for the purposes for which it is approved.

• C 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.

Reason: The Department has assessed the impact of the proposal on the basis of the specified use and the documents submitted and to enable the Department to consider the implications of any subsequent change on the amenities of the area.

• C 7. There shall be no external lighting of the external arena hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 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.

Reason: The building has been exceptionally approved solely to meet equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C 9. 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). Reason: In the interests of highway safety.

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, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the Design and Access Statement and drawing reference number 1006.05 received on 24th May, 2021; Applicant and Highway Correspondence dated 7 July 2021; Additional Statement from Applicant and Agent, and drawing 1006.04 Rev A received on 22nd July, 2021; and Email from Applicant received 26 July 2021.

_______________________________________________________________ Interested Person Status – Additional Persons None

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT PROPOSES A LARGE EQUESTRIAN BUILDING ON A SITE THAT IS NOT DESIGNATED FOR DEVELOPMENT

- 1.0 THE SITE

1.1 The site defined in red together with other outbuildings including garaging, stables and modern agricultural barns within the broader site area marked in blue forms Ballaquayle Farm, St Marks Road situated on the western side of St Marks Road (A26). - 1.2 This site, as well as the broader farm site is accessed via a long (450m) driveway which connects the farm to St Marks Road. This driveway has sod hedges (about 2 - 2.5m high) running along both sides. The sod hedges also run along the eastern boundary of the site along with mature trees which form a thick cluster along the northern boundary where the access to the site is situated.

2.0 THE PROPOSAL - 3.1 This application seeks approval for the erection of an equestrian arena and associated facilities that would be 68.4m long (at its longest elevation), 47.9m wide (at its widest elevation) and 9.7m high (4.8m to the eaves). The indoor riding area which would be enveloped by the stabling and tack areas to the north and south, and service corridors/horse trailer access would be 60m long and 26m wide (21.9m narrower than the western elevation).

3.2 The roof of the building will be finished in Grey profiled roof sheeting with 15 percent roof glazing panels. The external walls of the building would be finished in dark green agricultural profile sheeting, while the vehicle doors would be steel roller shutter doors. The personnel and stable doors would be hardwood timber doors, while the window would be aluminium framed units. - 3.3 Access alterations yet to be supported with a detailed plan. - 3.4 The applicants have provided the following additional information in support of the scheme:

• a) The facility would allow the applicants to relocate their horses into the new purpose built all weather training facility, which will provide airy, light and well ventilated accommodation. This would also provide all their horses with suitable sized stabling, food storage, tack facilities and allow for all year round regular, safe training without weather restrictions.
• b) The building would also allow for isolation boxes, and separation of mares and geldings, as necessary, and would also house the Clients horsebox which is currently outside all year round.
• c) The applicants currently have 4 horses which should normally be ridden 5-6 days a week. At present it is not possible to ride them at Ballaquayle Farm for much of the year, as weather itself is a factor, and presents challenges of safety in high winds, and rain, as well as the fields turning to deep mud for months on end, while at other times of the year the ground is too hard, and various bugs and horseflies are a problem.
• d) The applicant's horses are large and require more space than smaller horses, that they also jump them which requires more floor space in the arena. They would normally compete regularly, on and off Island, mainly at eventing, but having been unable to ride regularly recently, for reasons explained above, they have not been able to do this.
• e) The arena is for private use although the applicants have an equestrian business for which the main business line is saddle fitting, which would also operate from the facility. (The commercial element was clarified in an email dated 24 June 2021).
• f) In addition it will provide a practical and safe place in which to conduct saddle fittings, all year round.
• g) Appointments for the saddle fitting business would be strictly by appointments and that no drop in appointments would be allowed.

• h) There are no specific times and days of operation as appointments would work around clients' work schedules as horse riding is a leisure activity and as such clients would only use free times which could involve weekends and evenings.
• i) The number of clients visits would be limited as the average saddle fitting appointment time is between 1.5 to 2hours, and the applicant would need time in between clients too, to write up notes and clear away and saddles and equipment which isn't needed for the next person.
• j) At present only one staff works with the business and currently parks near the house.
• k) The facility would not be run as a traditional livery yard where people would keep their horses and arrive once or twice daily to ride and attend to their horses, although there is a livery on the farm for the training of horses on special engagements for a set period that does not require regular visits. (The applicant has received one ex-racehorse from Hong Kong to retrain on the site).
• l) A few other areas that the equestrian business would involve are:

• o Retraining racehorses from the racetrack to become riding horses.
• o Holding some training clinics occasionally where people would come for lessons one after another, and allow our Client to host visiting specialists in Biomechanics, dressage or jumping.
• o These clinics would be held on an appointment basis over the course of a day or two, with one horse and rider at a time, rather than many horses at once.
• o The clinics would involve visiting trainers and experts, and would probably be monthly. This would be held more at weekends.

3.0 PLANNING POLICIES - 3.1 The site lies within an area designated on the Area Plan for the South (2013) as land not zoned for a particular purpose and the area 110m to the west of the application site is identified

• as an area of ecological interest. The site is not prone to flood risk, although the western boundary is considered to be prone to floods.

3.2 There is as such a presumption against development as set out in the Strategic Plan although there are policies which support equestrian-related developments, as follows: - 3.3 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. - 3.4 Environment Policy 19 states: "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)." - 3.5 Environment Policy 20 states: "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."
• 3.6 Environment Policy 21 states: "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."
• 3.7 The Following parts of the Area Plan for the South Written Statement is also considered relevant:

• 3.7.1 Landscape Character Assessment "Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.

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 views."

- 4.0 PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning applications. However, Ballaquayle Farm has been the subject of a number of applications, none of which are considered to be materially relevant to the current application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division have written in to request for additional information and revisions in a letter dated 23 June 2021.

• 5.1.1 Having reviewed the additional information provided by the applicants, (DOI) Highways Division have stated that they do not oppose subject to condition for the surface from the connection with the lane at the access to be made of a consolidated and bound material for at least 6m (19 July 2021).

5.2 DEFA Inland Fisheries have stated that they have no objection to the development provided that there is no adverse effect on the adjacent watercourse in a letter dated 21 July 2021. - 5.3 Malew Parish Commissioners have stated that they have no objection to the application in a letter dated 9 July 2021. - 5.4 No comments have been received from neighbouring properties.

- 6.0 ASSESSMENT

6.1 The main issues to be assessed in the consideration of this application are whether the impact of the development upon the surrounding area is acceptable (EP1 and EP21); whether the proposal is acceptable in terms of highway safety (EP 19); whether the development would

result in the loss of high quality agricultural land (EP 19); and whether the proposal would cause an unacceptable impact upon the amenities of existing properties.

6.2 The Strategic Plan seeks to direct new development towards existing settlements in order to protect the amenities of the Island's countryside. There is however a number of exceptional forms of development that can take place in areas that are not zoned from development either because their location is essential or because they result in little or no harm.

6.3 Equestrian development, by virtue of its requirement for land, is generally located within rural areas. However the main consideration from a planning perspective is whether the development would have an unacceptable impact upon the character and amenities of the countryside. - 6.4 IMPACT OF THE DEVELOPMENT UPON THE SURROUNDING AREA

• 6.4.1 The proposed building is sized to accommodate a standard 60m x 26m indoor riding arena which is only slightly larger than the average size of a covered arena throughout the UK which is 25m by 50m (The British Horse Society - BHS), with additional area provided for stabling and tack areas/service corridors and as such is considered to meet the required standards for indoor arenas. It is also noted that the facility as designed would afford the applicants the standard indoor facility to train their horse and test saddle fitted horses. Given the nature of the current facilities available to the applicants and difficulties posed by the climate on the island, it is also considered that the facility would ensure that the applicants have regular training sessions for their horses which need to be exercised and trained daily; a situation that is difficult to attain all year round as has been clearly articulated by the applicants in their design and access statement. This gives the reasoning for this sizeable building.
• 6.4.2 It is also judged that the site chosen is a suitable location, being adjacent to the existing farm buildings and residential curtilage; similar to what you would expect when considering agricultural buildings of this size and seeking such buildings being close to existing farm buildings. As well, the facility would be at least 320m at its closest point to the St Marks Road (A26), with the site well screened by the existing sod banks along St Marks Road and the highline of trees that run along the eastern boundary of the site which would screen views from the highway and reduce the potential visual impacts. Further, the design of the building and its finish in dark green agricultural profile sheeting is a common form of development within the area/countryside, and would ensure the building appears as an agricultural building if distant views are obtained through any gaps in the tree line screening the site.
• 6.4.3 Moreover, EP21 sets out the requirements for the design and construction of equestrian buildings with the general objective to ensure that such buildings are not detrimental to the character and appearance of the countryside and are designed and built to reflect their specific purpose; conditions which the proposed scheme aligns with. As such, it is considered that the scheme would comply with Environment Policy 21.
• 6.4.4 Overall, while the building will be of a considerably large size; it is not considered for the reasons indicated above that it would adversely affect the countryside or have detrimental impacts on the character and appearance of the countryside.
• 6.5 LOSS OF HIGH QUALITY AGRICULTURAL LAND

• 6.5.1 EP19 allows for equestrian development provided that they do not result in the loss of high quality agricultural land, do not cause the loss of local amenity and that any increases in traffic can be safely accommodated. High quality agricultural land is defined as being Class 1/2, Class 2/3 and Class 3/2 as annotated on the Agricultural Land Use Capability Map. The proposal site is shown as being Class 3 and as such falls outside the defined land protected by EP19. Evidence from the Design and Access Statement indicate that the land is currently used as a paddock and as such the development would not remove the land from agricultural use. It is

however considered that the development of part of the site with buildings would limit the versatility of the land to be used for agriculture in the future.

- 6.5 IMPACTS ON HIGHWAY SAFETY

• 6.5.1 The proposal would be for the applicants own private use with limited use for the applicants saddle fitting business and holding Biomechanics, dressage or jumping training clinics. Accordingly, given predominantly private use with limited specialist commercial use, it is not considered that the traffic generated would be considerable higher than that already generated by the farm. The applicant has also indicated that the facility would not be used as a traditional livery save for the occasional keeping of horses for training on site, which does not require regular visits. However, a condition would however be attached to ensure that the building is not used for commercial or private livery use.
• 6.5.2 Whilst it is noted that the proposal would be expected to generate some level of traffic relative to its scale of operations, Highway Services have considered the additional commercial element of the scheme and have no objection, subject to condition for the surface from the connection with the lane at the site access to be made of a consolidated and bound material for

at least 6m. Besides, the site would also have 8 parking spaces and sufficient turning areas which would be sufficient to support the occasional client's visits to the site. Therefore, it is judged that this would be acceptable given the fact the access and site layout is capable of accommodating the vehicles likely to be generated by the development.

6.6 UPON THE AMENITIES OF EXISTING PROPERTIES - 6.7 With regard to impact on existing properties, it is noted that the nearest property 'Curpheys' St Marks Road is about 314m away from the south-eastern boundary of the site, with the other neighbouring properties more than 360m away. Given the distance the building is from any neighbouring property and landscaping between; it is not considered the proposals would adversely or significantly affect the amenities of any neighbouring property to warrant a refusal.

- 7.0 CONCLUSION

7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 3, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016 and it is therefore recommended that the planning application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 09.08.2021

Signed :P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefitof our online services/customers and archive records.

Planning Committee Decision 09.08.2021

Application No. : 21/00550/B Applicant : Ms Samantha Leahy Proposal : Erection of an equestrian arena and associated facilities Site Address : Ballaquayle Farm St Marks Road St Marks Ballasalla Isle Of Man IM9 3AF

Planning Officer : Mr Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 9th August, 2021 subject to amendments to Condition 7 and 9:

"C7: External Lighting 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.

Reason: In the interests of the character and appearance of the site and surrounding area."

"C9: Consolidated & Bound Access Surface 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).

Reason: In the interests of highway safety."