DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Animal Ark Ltd Proposal Change of use of land from agricultural to dog walking field Site Address Field 321821 Ballanicholas Garth Crosby Isle Of Man Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 07.01.2022

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 approval does not in any way permit the creation of dog care facilities on the site or the erection of structures on the site.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• C 3. The field may only be used as a dog walking field with provision for one parking space in support of the dog care business by Animal Ark Ltd.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and any alternative uses for the field other than the approved use or agricultural use will require further consideration.

• C 4. The dog walking use of the field, hereby approved, shall only be operational between the hours of 0900 and 1700 hrs Monday to Friday. No dogs shall be kept onsite overnight. The dogs brought here for exercise shall always be returned to the Onchan site at the end of the day.

Reason: In the interests of the amenity of neighbouring residents in accordance with Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

• C 5. The use hereby approved is only for the provision of dog walking field and shall only be carried out by Animal Ark Ltd and only whilst operating their dog care business. Upon the cessation of the dog care business, the use of the field for provision of a dog walking field hereby permitted shall cease.

Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.

This application has been recommended for approval for the following reason. The proposal is considered to broadly accord with the principles advocated by General Policy 3 and Environment Policy 22 of the IOM Strategic Plan. No unacceptable adverse impact has been identified as likely with respect of the character and appearance of the surrounding landscape or the residential amenity of the neighbours.

Plans/Drawings/Information; This approval relates to the Cover Letter, Location Plan and Site Plan, received 10 September 2021. _______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________ Officer’s Report THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE - 1.1 The application site comprises Field 321821, Ballanicholas, Garth, located on the eastern side of Garth Road, Garth and about 447m west of the St. Marks Road/Clanna Road junction. The application site also includes the track which serves the field, connecting it to the Ballacallin Riding School Building which has access to Garth Road (B35) to the west, and Foxdale Road (A24) to the east. The field, excluding the track serving the site measures approximately

• 3.11acres (12,618.4m). The north-western boundary of the site comprises sod hedging and a think cluster of trees that run along the entire stretch of this boundary and the western side of the track serving the field, while the northeast and south east boundaries comprise sod hedging, only opening up at the field access.

2.0 THE PROPOSAL - 2.1 The application seeks approval for change of use of land from agricultural to dog walking field. The scheme does not involve the erection of any structures on site or changes to the physical appearance of the site area, although it proposes to create one parking space within the field. - 2.2 The applicants state that the scheme would involve a change of use of land from agricultural to dog walking field. They state that they look after dogs from their business premises in Onchan and are looking for somewhere perfect and secure to let the dogs within their care enjoy the outdoors, with the place offering somewhere safe for the dogs to exercise. They further state that they would take the dogs to the area in their company vehicle, exercise the dogs, and then return the dogs to the business premises in Onchan.

2.2 Additional information provided on the form and Cover letter states the following:

• i. Animal Ark ltd has been open for just short of 5 years. Since opening it has been a complete dream to acquire some land in order to take dogs out safely. Somewhere completely secure so as to not inconvenience anyone.
• ii. Having somewhere outdoors will not only massively improve the wellbeing of the dogs, but will also improve the wellbeing of the staff whom will be able to enjoy more time outdoors for longer periods of time than they are currently.
• iii. The site would be used as a Dog walking field/business use.
• iv. Dog fouling will be taken back to my premises in Onchan to be disposed of.
• v. There will be one company vehicle being driven to the field during working hours (Monday to Friday, 9am to 5pm).

3.0 Planning Policy

3.1 The site lies within an area designated as not being for any particular use or purpose on the Area Plan for the East and within Landscape Character Area D10. The site is not within a Conservation Area, or prone to flood risks, although the entire northwest boundary is susceptible to surface water flood risks. The site is not within a Registered Tree Area, and there are no protected trees on site. - 3.2 The Area Plan for the East landscape character Assessment for the Area (Braaid D10) states the following:

• 3.2.1 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.

• 3.2.2 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."
• 3.3 Given the above, there is a general presumption against development here as set out within the IOM Strategic Plan (Environment Policy 1 and General Policy 3). However the same plan also makes provisions for development which would are required for the interpretation of the countryside, its wild life or heritage.
• 3.4 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: (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.
• 3.5 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 overriding 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.

4.0 Other Material Considerations

4.1 In addition to the policy situation set out in section 3 above, the care of animals is generally something that may need to happen away from built up areas due not only to the noise nuisance which could arise but also due to the size of premises required and ideally some outdoor exercise space. Examples given in 5.0 below illustrate the range and types of locations where this type of facility can be considered acceptable. - 5.0 PLANNING HISTORY

5.1 The application property has not been the subject of any previous planning applications. However, there have been a number of dog day care facilities approved in recent times, most of which have been within existing Industrial Estates although there have been a number across the Islands countryside:

• o 19/00533/C - Douglas Head Industrial estate
• o 18/01299/C - Hills Meadow industrial estate
• o 18/00799/B and 18/00127/B Balthane Industrial estate
• o 18/00338/C - Strenaby, Onchan (Site is in the countyside)
• o 18/00011/B - industrial unit, Demesne Road, Douglas
• o 17/00842/C - Viking Works industrial area, Peel
• o 17/00364/B - Ballablack Farm, Arbory (Site is in the countyside)
• o 16/00911/C - Snugborough industrial estate
• o 16/00817/C - Main Road, Onchan

5.2 There have also been a number of refused dog day care facilities including:

• o 19/00646/C - Lapwings, East Foxdale Road, Eairy - Whilst the location was considered suitable, the access and visibility was of concern and the proposed operation would result in the harmful impact on highway safety.
• o 16/00381/C - proposed the change of use from forestry buildings to a dog day care facility at The Tanyard in Santon and this was refused for reasons relating to the poor visibility for and of those emerging from the site and also for the considerable noise nuisance which could be experienced by the dwelling on the other side of the road.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 22 September 2021. - 6.2 Marown Parish Commissioners who had previously asked that decision on the application be deferred until a later date in their correspondence dated 14 October 2021, have stated that they have no objection to the application (21 October 2021). - 6.3 No comments received from neighbouring properties. 7.0 ASSESSMENT 7.1 The issues here are whether the principle of the development would be acceptable for the site, and if there would be any impacts on the residential amenity of neighbours. 7.2 The principle of the development

• 7.2.1 As the site is not designated for development, the main issue in this case is whether the proposal complies with the provisions of General Policy 3 and if not, whether there are any material considerations which would justify a departure from the policy which presumes against development in the countryside. In addition to this major consideration, it is also relevant to consider the detailed impact of the proposal on highway safety, visual impact and environmental effect.

• 7.2.2 In determining whether to permit the use of the agricultural field as a dog walking field, there is a requirement to balance the need to protect rural areas for their own sake (EP1) whilst also having regard to the importance that the Manx countryside has as a recreational asset. In some exceptional cases the countryside may be able to accommodate low impact uses which provide the opportunity for members of the public to experience the Island without adversely affecting its character.
• 7.2.3 General Policy 3 sets out the exceptions to the presumption against development in the countryside and the pertinent section which may give rise to support for this application is GP3 (h) which deals with buildings or works required for interpretation of the countryside, its wildlife or heritage. In the case of the current scheme, no buildings would be introduced on site, although a parking space would be created to ensure that the dogs and staff could safely be brought to and removed from the site at the end of the day, with the proposed use involving significant levels of interaction with the natural environment via hikes and dog runs which would offer opportunities to explore the natural environment. These interactions are not considered to be significantly different from hiking and sightseeing which are a key form of tourism on the island, although in this case, it relates to dogs. It would, however, be vital to note here that dog walking is also an established leisure activity on the Island; particularly along hiking trails, footpaths and sites in the countryside. Besides, the scheme would provide opportunities for the dogs and their carers to understand and enjoy the countryside around them.
• 7.2.4 Additionally, the nature of the proposed use is such that requires space and a degree of isolation to ensure the care of the animals and to limit harm to residential amenity; conditions which the proposed use would facilitate, given that the dogs and carers would have access to about 3.11 acres of field with the separating distance between the field and neighbouring dwellings ensuring that there are no detrimental impacts unlike sites in built up areas.
• 7.2.5 Based on the forgoing, it is considered that the broad principle of the proposed use would be acceptable, and the additional use would not be unsuitable for the site or the wider rural area.

7.3 Residential Amenity

• 7.3.1 Environment Policy 22 requires that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties. In this case, noise and dog fouling are likely to be the main concern, as the other issues identified in EP 22 would not be applicable to the proposal.
• 7.3.2 With regard to noise generated by the dogs, it is considered that this would notably increase within the site area. Albeit, any barking or noise associated with dog walking would not be unusual or unsuitable for this countryside location, given the issues that have already been assessed in 7.2 above regarding dog walking activities now common in countryside locations. Besides, the closest residential property, which is within the Coit Y Kelly Ballahowin Farm is situated about 234.7m away from the site. As such, it is not considered that any noise impacts would be significant.
• 7.3.3 In terms of fouling from the dogs, it is noted that agricultural fields are usually associated with animal fouling as this is common in grazing fields. In this case, the applicants have stated that the fouling would be taken back to their premises in Onchan to be disposed of.
• 7.3.4 Overall, it is considered that the proposal would not adversely impact on the residential amenity currently enjoyed by the occupants of the neighbouring properties, as required by EP 22 of the IOMSP.

7.4 Other Matters

• 7.4.1 It is not considered, in the absence of any objection from Highways, and as the proposal would not significantly intensity the use of the site that there would be any unacceptable highway safety or capacity impacts resulting from the scheme.
• 8.0 CONCLUSION

8.1 Overall, it is considered that the proposed development is considered to be of a scale and nature which would not have an unacceptable impact upon the environment and surrounding countryside. The proposal is, therefore, regarded as acceptable and recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 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. 9.2 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

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: 17.01.2022

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 benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 17.01.2022

Application No. : 21/01050/C Applicant : Animal Ark Ltd Proposal : Change of use of land from agricultural to dog walking field Site Address : Field 321821 Ballanicholas Garth Crosby Isle Of Man

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 17th January, 2022 subject to the addition of a condition to ensure that dogs using the field do not stray into adjacent grazing fields. The new condition which would be Condition 6 of the approval states thus:

C6: Secure enclosure to field Prior to the use of the field for the dog walking use hereby approved, details of measures to make the field secure and prevent the dogs from straying into neighbouring grazing fields shall be submitted to and approved in writing by the Department. The field shall not be used as a dog walking field until the measures are in place.

Reason: To safeguard grazing animals in adjacent fields.