19 September 2023 · Planning Committee
Field 420426, Earystane Road, Earystane, Colby, Isle Of Man, IM9 4hn
The proposal involves erecting a 4.2m x 12.765m timber polytunnel with polycarbonate sheeting (2.6m high), a workshop and store (3.65m x 4.95m potting shed and 3.2m x 3.8m equipment store, up to 3.2m high with metal standing seam roof, timber cladding and recycled glazing), 30 ground-mounted solar panels in two rows (t…
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The site is in countryside zoned 'not for development', where development is restricted to protect openness and rural character (ENV1), but exceptions apply for agriculture/horticulture and renewable …
Strategic Policy 1
Seeks development makes best use of resources. Applied to weigh renewable energy benefits against countryside protection.
General Policy 2
Sets general development control considerations. Considered in overall assessment of principle, character, ecology.
General Policy 3
Sets exceptions for development in land not zoned for development. Allowed agricultural structures exceptionally.
Environment Policy 1
Protects countryside and ecology for its own sake. Proposal's small scale and screening ensure no undermining of openness/rural character.
Environment Policy 14
Loss of agricultural land not permitted unless overriding need or low quality. No land use change; remains agricultural, panels allow grazing/horticulture.
Environment Policy 22
No unacceptable harm to environment or neighbour amenity. Minimal visual/amenity impact due to distance/screening.
Environment Policy 4
Supports alternative energy subject to policies. Small-scale panels in sheltered location accord with renewable energy strategy (para 12.2.8).
Time limit
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.
Solar panels removal if unused
The Solar panels and the support units 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 renewable and alternative energy generation for a period exceeding 12 months. Reason: The structures have been exceptionally approved solely to meet sustainable energy need and its subsequent retention would result in an unwarranted intrusion in the countryside.
Solar panels installation per plans
The solar panels and base must be installed according to the plans and supporting information and must be maintained as such thereafter. Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Specific solar panel model
The only model of solar panels that can be installed are the JAM54S31 380-405/MR solar panels. Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Agricultural use only for workshop/store
The proposed workshop and store must be used only for agricultural purposes only. REASON: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.
Workshop/store removal if unused
If the use of the workshop and store hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department. Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
Wildlife action plan maintenance
The site must be maintained as per the Wildlife action plan dated 12th May 2023. Reason: for the avoidance of doubt and for the protection of the grassland.
no highways HDC interest
raise no objections provided it complies with necessary planning law and guidance
happy with grassland management details and Wildlife Action Plan; condition to secure management
Highway Services has no interest in the application; Arbory and Rushen Parish Commissioners have no objection; Manx Utilities raises concerns about excessive solar capacity but does not object; DEFA Biodiversity initially objects due to species-rich grassland loss but withdraws objection after wildlife management plan submission, requesting a condition.
Key concern: loss of rare species-rich semi-improved neutral grassland habitat
Highway Services HDC
No CommentHighway Services HDC has no interest (NHI) in: 23/00359/B
Manx Utilities
No Objectionthe solar export in the grid connection offer was limited to c.4kW and the applicant appears to be seeking to install 300% more power than they can export; this appears to be significantly higher than the export limitation set-out in the applicant’s connection offer; Manx Utilities reserves the right to curtail any generators which have a connection to our system for operational reasons
DEFA Biodiversity Ecosystem Policy Team
Objectionthe Ecosystem Policy Team currently object to this application; very rare, covering only 634ha of the Isle of Man, only 1.12% of the island’s land area; no net loss for semi-natural Manx habitats and species
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM (2017) Guidelines for Preliminary Ecological Appraisal (2nd edition) by suitably qualified ecologist, with survey report and avoidance/mitigation/compensation measures
DEFA Biodiversity Ecosystem Policy Team
Conditional No Objectionwe are content with the species-rich grassland management details; the detailed management regime should allow for the retention and positive management of the remaining species rich grassland areas
Conditions requested: management detailed in Wildlife action plan for Planning Application PA 23/00359/B is secured via a condition on approval
Arbory and Rushen Parish Commissioners
No ObjectionThe Board had no objection to the proposal provided that it complied with the necessary planning law and guidance.
