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{{table:188887}} ### Considerations {{table:188888}} ### Written Representations {{table:188889}} {{table:188890}} ### Consultations {{table:188891}} {{table:188892}}
The application site represents the curtilage of Field 334540, Ballanass Road, Lower Foxdale, located to the south west of Ballanass Road.
The application site is located within an area identified as being High Landscape Value and Scenic Significance by the 1982 Development Order.
Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant to the assessment and determination of this application:
| Application No.: | 07/02139/B |
| Applicant: | Miss A M Crapper |
| Proposal: | Erection of an indoor menage and associated storage |
| Site Address: | Field 334540 Ballanass Road Lower Foxdale Isle Of Man |
Paragraph 7.15.1 sets out the general stance towards Equestrian Pursuits. It states:
"Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
Environmental Policy 19 which 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)."
Environmental Policy 20 which states:
"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."
Environmental Policy 21 which 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."
The following previous planning application is considered relevant in the assessment and determination of this application:
05/01340/B sought permission to extend the existing stables. This was permitted 1st September 2005.
The Department of Transport Highways Division does not object to this application subject to a condition being attached to nay subsequent approval requiring proposed ménage and storage to be for private use only and be ancillary to Ballahais Farm. The applicant has stated that this condition would be acceptable in terms of how the proposed ménage is intended to be used.
Patrick Parish Commissioners object to this application. Their reasons for refusal may be summarised as concerns as to size of the proposed building and its impact upon the surrounding area, concerns over access and the suitability of the existing road to the site and concerns of overdevelopment of the site. They conclude that the ménage would be "way too large for the area".
The Society for the Preservation of the Manx Countryside and Environment does not object to this development but states that "The Society is not too happy with this proposal."
The owner/occupier of Ballahias, Ballahias Hill, Lower Foxdale, located to the north east of the site objects to this application. Their reasons for objecting may be summarised as concerns as to the building not being in-keeping with the area and concerns as to the proximity of the development to their property.
The owner/occupier of Cronk-E-King, Gleneedle, St Johns located approximately 140 metres north west of the site, objects to this application. Their objections may be summarised as concerns as to the access to the site, the need for the development and the impact of the ménage upon the surrounding area as a result of its size.
This application seeks approval for the erection of an indoor ménage and associated storage in the southern corner of Field 334540, located approximately 65 metres from Ballanass Road. The walls would be constructed from "PVC Box Profile Tins" with the roof being constructed from "Cement Fibre". The ménage would measure approximately 49 metres by 20 metres with a maximum ridge height of approximately 6.5 metres.
The issues to be considered in the assessment of this application are the visual impact of the proposed ménage on the surrounding area, the design and materials proposed to be used to construct the building, the suitability of the existing access for serving the site and impact upon nearby properties. These issues must be assessed against the backdrop of the relevant policies within the adopted Strategic Plan.
In terms of visual impact, applications for developments relating to equestrian pursuits must be assessed on a site by site basis in order to ascertain whether existing screening can potentially mitigate any resulting visual impacts to an acceptable level. In this case, the site is bounded by existing mature and substantial screening in the form of trees and hedges. Whilst these would not completely screen the proposed building from all vantage points, they would provide a considerable screening effect. The applicant has submitted a sectional elevation drawing to show how the proposed ménage would sit within the landscape. This indicates that rising land to the north of the proposed site act to reduce the impact of the structure. The nature of construction of the building and the proposed materials would reflect their specific purpose and it is considered that the proposal would comply with Environmental Policy 21 in this respect.
The applicant states that the ménage would be for private use only and is happy for a condition to be applied which limits the use accordingly. The building would facilitate the applicant's business of rearing horses by providing an indoor area for exercising horses and storing equipment. By conditioning the use of the ménage, the access issues raised by several objectors would be resolved as no additional traffic would be generated.
Whilst this proposal is for a relatively large equestrian building within an area of High Landscape Value, its impact upon the wider landscape would be significantly reduced by the proposed siting which would be well screened. It is considered that a condition requiring additional planting would further reduce the any potential impact particularly from closer vantage points. The applicant has submitted additional drawings showing a cross section of the building and its relationship with the rising land to the west. It is also indicated that an existing lighting pole would act as a fixed datum point indicating the finished floor level of the proposed building. It is considered that the impact of the development would be adequately mitigated by the existing screening and the fact that the rising land to the east would prevent the building from breaking the skyline.
The closest property to the proposed building aside from the applicant's home is "Ballahias" which is located to the north east of the site, approximately 35 metres from the proposal site. Views of the building would be possible from the rear garden of the property and partially from the dwelling itself. However it is not considered that the proposed ménage would have an overbearing impact upon Ballahias due to the distance and existing screening. The addition of screening to the south east elevation of the proposed building would further reduce any impact upon Ballahias.
In conclusion, the proposed ménage would be constructed from materials appropriate for its intended use, in a position where the visual impact of the development could be adequately mitigated against. There would be no increase in traffic to and from the site and the Department of Transport Highways
Division indicate no objection on highway grounds subject to a condition restricting use. The proposal would not impact upon neighbouring properties to a level that would warrant refusal.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties are not granted Interested Party Status:
Recommended Decision: Permitted
Date of Recommendation: 06.03.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the erection of an indoor ménage and associated storage as shown by the plans and information AMC A, AMC B, AMC C, MG26184PL, Photographs AMC 1-5 and Support Letter submitted and date stamped 19th November 2007, Supplementary Plan submitted and date stamped 29th February 2008 and Supplementary Plan 2 and Supplementary Plan 3 submitted and date stamped 5th March 2008.
Handwritten note: C 0 7.4.08
The approved ménage and storage shall be for private use only and shall be ancillary to 'Ballahais Farm'.
The approved menage may only be used for equestrian purposes.
C 5.
The external finish of the approved menage must be finished in dark green or dark grey.
C 6.
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction. There must also be submitted as part of the scheme of landscaping, details of additional screening to be planted on the south east boundary of the site as demarcated in red on the Site Plan (AMC A).
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Permitted Date : 4/4/08
Signed : M. I. McCauley Director of Planning and Building Control
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