16 May 2022 · Committee
Oatlands Farm, Oatlands Road, Santon, Isle Of Man, IM4 1ed
This application sought permission to convert existing stable, store, and kennel buildings at Oatlands Farm, Santon, into 12 tourist accommodation units, a wellness spa, a café, and a residential apartment. The scheme also included the creation of a new equestrian arena with an associated stable block and the relocation of an existing agricultural building on the site. The farm complex sits on the south-western side of Oatlands Road and includes a traditional farmhouse and a number of stone Manx barns. The officer's report identified the planning principle of the development, the impact of the new equestrian facilities, and effects on local ecology as the main issues to be assessed. The application was approved by committee on 16 May 2022, subject to 15 conditions. The officer had also recommended approval.
The Department of Environment, Food and Agriculture approved the application at committee on 16 May 2022. Key planning issues considered included the principle of the development, the impact of the new equestrian arena and stables, and effects on ecology. The officer also recommended approval, and no refusal reasons were recorded.
General Policy 3
aligns 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 16
and heritage, but also an opportunity for diversification and re -use. The Department will continue to treat proposals for re-use positively, where they comply with current policy guidance namely Environment Policy 16 and Environment Policy 17, set out in the Isle of Man Strategic Plan, 2007. Manx National Heritage is likely to seek recording of such buildings and farmsteads prior to redevelopment and particular regard should be had to the Isle of Man Strategic Plan - Environment Policy 41 - in this respect.
Strategic Policy 8
comply with Strategic Policy 8
Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man - made attractions. 4.4.5 This policy reflects the general restriction on new development outside defined development zones. Tourist proposals in the countryside will normally be required to meet the above criteria. 4.4.6 Viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of some of our poorer built fabric. Accordingly:
Business Policy 12
Business Policy 12: Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.
Environment Policy 15
Environment Policy 15: Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this developme nt including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new d evelopments are sympathetic to the landscape and built environment of which they will form a part. Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to t he purposes for which it is intended. Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be b orne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape.
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
comply with 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.
Housing Policy 11
Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re -establish the original appearance of the building; and (b) use the same materials as those in the existing building. Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character. 8.10.3 Permission will be given in certain circumstances for the re-establishment of residential use where there is an abandoned dwelling, since such dwellings can sometimes have a negative impact, usually arising from the sense of dereliction and dilapidation. See Housing Policy 13 below. 8.11 Replacement Dwellings in the Countryside 8.11.1 There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged.
Environment Policy 4
comply with Environment Policy 4
uch as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle a
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 tourist accommodation units, wellness spa, café, residential apartment, and equestrian arena with associated stable block hereby approved shall not be occupied or operated until the Visibility Splay arrangements, internal pedestrian and vehicle areas, and additional car parking and manoeuvring areas, have been provided in accordance with the approved plans (20/03026/03A and 20/3026/04) received 19 January 2021. Such areas shall remain free from obstruction thereafter and remain available to the users of the approved development.
Condition 3
The tourist accommodation units, wellness spa, café, and residential apartment which forms part of the development hereby approved shall not commence until a scheme for the provision of a bat boxes to be installed in specific locations on the converted buildings has been submitted to the Department for approval. The bat boxes are to comprise five boxes suitable for crevice dwelling species, and three suitable for cavity dwelling species. The works to install the bat boxes shall take place strictly in accordance with the approved details and shall be completed before the first occupation of the development. The bat roost shall be permanently retained in accordance with the approved details.
Condition 4
Prior to the commencement of the development hereby approved, details of the two swallow nesting platforms to be erected in the re-located barn to mitigate against the loss of their nest sites shall be submitted to and approved in writing by the Department. The details shall also show how permanent access into the barn will be enabled for them. The swallow nesting platforms shall be permanently retained in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.
Condition 5
The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in Appendix 1 (Pages 7-12) of the Manx Bat Group's amended Oatlands Farm Bat Survey Report dated 7 December 2021, to provide appropriate mitigation for bats swallows within the site and immediate locality. Reason: To safeguard a statutorily protected species.
Condition 6
The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department. They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department. Reason: The occupation of the holiday/tourist accommodation as permanent residential units would not comply with the Strategic Plan policies regarding residential development in this area.
Condition 7
The tourist accommodation units, wellness spa, café, residential apartment, and equestrian arena with associated stable block hereby approved shall not be commenced until details of refuse storage have been submitted to and approved in writing by the Department. These elements of the development shall not be occupied until the refuse storage has been provided in accordance with the details so approved, and shall thereafter be retained solely for this purpose. Reason: In the interests of the appearance of the development and of the amenities of the area.
Condition 8
The walls of the proposed stable block shall not be made of cavity-wall construction, if blockwork is used for the wall construction. Reason: To ensure compliance with the requirements of Environment Policy 21 in terms of form and materials used for construction of stables.
Condition 9
The apartment hereby approved shall not be occupied at any time other than for use as staff accommodation; and shall not be occupied as rental accommodation or sold off separately. Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Condition 10
Prior to the occupation of any part of the converted buildings and equestrian arena with associated stable block hereby approved, the traffic management scheme which includes the segregation of existing access to dwelling, equestrian/agricultural traffic and tourist traffic shown on the Entrance Visibility Splays (Drw. No. 20/3026/04), Proposed Equestrian Stables and External Riding Arena (Drw. No. 20/3026/09), and Proposed Site Plan (Drw. No. 20/3026/03 A), all received 19 January 2021, shall be provided and retained as such. Signs shall be provided at the site entrance(s) and within the site to clearly show this segregation. Reason: To ensure that the development will not compromise the free flow of traffic or highway safety during the operational phase of the development.
Condition 11
There shall be no permanent or temporary jumps or other equestrian related structures erected, fixed or constructed within the site without the prior written approval of the Department. Reason: In the interests of visual amenity given the prominence of the site in the open countryside.
Condition 12
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that order with or without modification), the café (class 1.3) use hereby permitted shall not include deliveries to clients off the premises or any activity involving such sales whether ancillary or incidental to the use of the premises. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Condition 13
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the buildings hereby approved shall be used only for the purpose hereby approved, as tourist accommodation units (class 3.6), wellness spa (Class 4.1), café (class 1.3) and residential apartment (class 3.4), and shall not be used for any other purpose without the express grant of planning approval from the Department. Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
Condition 14
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.
Condition 15
Prior to the commencement of the development hereby approved, details of secure and covered Cycle storage and EV Charging points shall be submitted to and approved in writing by the Department. The secure and covered Cycle storage and EV Charging points shall be provided strictly in accordance with the details, and thereafter retained as such. Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.
Erection of an agricultural building and access track
relevant in the assessment and determination of this application
Extension to existing implement shed to form grain/machinery store
relevant in the assessment and determination of this application
Erection of an agricultural building
relevant in the assessment and determination of this application
Extension to agricultural building
relevant in the assessment and determination of this application
Extension to agricultural building
relevant in the assessment and determination of this application
Erection of commercial greenhouse, Oatlands Farm, Santon
relevant in the assessment and determination of this application