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23/00359/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00359/B Applicant : Mr Alistair & Mrs Sara Elliott Proposal : Erection of an agricultural polytunnel, erection of a workshop with attached equipment store, installation of ground mounted solar panels and creation of a wildlife pond Site Address : Field 420426 Ballacannell Earystane Colby Isle Of Man IM9 4HN
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.09.2023 __
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 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.
C 3. 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.
C 4. The only model of solar panels that can be installed are the JAM54S31 380-405/MR solar panels
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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.
C 5. 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.
C 6. 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.
C 7. 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.
This application has been recommended for approval for the following reason. Overall the openness and rural character of the countryside is not expected to be undermined as a result of the proposed solar panels, as such the proposal complies with Environment Policy 1 & 22 and Energy Policy 4.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date received on 31st March 2023; Drawing No. 1912/23 Drawing No. 1912/24A Solar Panel Configuration Solar Panel Data Sheet Design Statement
This decision also relates to the Wildlife Action Plan, dated received 12th May 2023.
This decision also relates to the following additional information, dated received on the 14th July 2023; Drawing No. 1912/01 Rev A Drawing No. 1912/20 Rev A Drawing No. 1912/21 Rev B Drawing No. 1912/22 Rev A Drawing No. 1912/25 Supporting information __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of "Moorhouse Farm Limited" and "Bee & Blossom Farm" should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2), as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
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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
THE APPLICATION SITE 1.1 The application site is within the curtilage of Ballacannell, Earystane, Colby which is an existing barn and cottage, which is currently in the process of renovation and alterations works to the end of the single track which services several properties which is accessed of Colby Glen Road.
1.2 The part of the site which is relevant to this application is the rear field which is situated directly behind the property and slopes upwards South to North. The site boundary of this irregular sized plot is lined by mature landscaping (trees and shrubs) which screen majority of the site area from the highway and the surrounding sites.
1.3 During the officers site visit it could be seen that works were ongoing to the dwelling, and that there were items situated within the field which were not on the application, as such amended drawings were received to respond to these points.
THE PROPOSAL 2.1 The current planning application seeks approval for following works; o Ground mounted solar panels o Workshop and store o Polytunnel o Greenhouse (retrospective) o pond
2.2 The proposed ground mounted solar panels are to be 30 solar panels situated within two rows, first one row measuring 22m by 1.4m and a second row measuring 11m by 1.4m. The overall height of the solar panel rows is to be 1.1m.
2.3 The proposed workshop and store is to measure 3.2m by 3.8m for the equipment store and 3.65m by 4.95m for the proposed potting shed. The overall height of the structure is 2.3m at the lowest point and 3.2m at the highest point. The proposal is to have a metal standing seam roof with timber cladding and recycled double grazed units. Due to the land orientation the proposal also includes decking measuring 1m which is situated to the South West of the proposal.
2.4 The proposal polytunnel is to measure 4.2m by 12.765m with an overall height of 2.6m and is to be made out of timber with polycarbonate sheeting.
2.5 The existing greenhouse on site measures 3m by 4.2m and is made out of recycled windows and timber with a polycarbonate sheet roof.
2.6 The proposal also includes a wildlife pond which is to measure 1.5m by 2.5m with an overall depth of approximately 0.6m by 0.5m.
2.7 The proposal also shows several items which are not assessed as part of this application such as wildflower patches and vegetable patches.
PLANNING HISTORY 3.1 There have been several applications upon the site, which are as follows;
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PLANNING POLICY 4.1 The site lies within an area zoned as, "not for development" on the Area Plan for the South. Whilst part of the site is situated within a Flood Risk Zone, this is directly adjacent to the property and the works proposed within this application are not situated within a Flood Risk Zone. The site is not within a Conservation Area but is within a Public Land Open to Ramblage as per the Island Environment Mapping.
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.
4.3 STRATEGIC PLAN 4.3.1 Given the nature of the land zoning and the proposal the following are relevant policies.
4.4 OTHER MATERIAL CONSIDERATIONS 4.4.1 Also relevant to the assessment of this application is the Isle Of Man Future Energy Scenarios (2020), in which the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following: "Key Targets - To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050."
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REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and have no highways HDC interest. (13.04.23)
5.3 Arbory and Rushen Commissioners have considered that proposal and "raise no objections to the proposal provided that it complied with the necessary planning law and guidance." (26.04.23)
5.4 The Ecosystems Policy team initially objected to the proposal (20.04.23) on the basis that the site was a Phase 1 habitat, with a particular grassland type which is very rare. They also requested a Preliminary Ecological Appraisal. Further correspondence was received (15.05.23) which stated that they are happy with the grassland management details received and would like a condition attached to request that the management within the wildlife action plan is secured on approval.
5.5 Due to the proposal solar panels, a consultation was requested to which they state the following in part, "The 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." (28.07.23)
5.6 The owner/occupier of "Bee and Blossom Farm," Upper Scard have written in to state that they believe the mapping for the road and footpath is misleading and that there are proposal would cause wildlife disturbance. (24.04.23)
5.7 The owner/occupier of "Moorhouse Farm Limited," Mount Gawne Road have written in to state that the proposal shows states a road is a private access, when it is an adopted highway and that a condition should be attached to the application to state that the applicant fences their boundary hedge to prevent incidents arising involving the ground mounted solar array. (25.04.23)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2.1 In the first instance the overall principle of the development needs to be addressed. The field in question is a site which is not designated for development and lies in the countryside where development is restricted, in order to protect the countryside for its own sake. Whilst General Policy 3 allows for some exceptions within the countryside, parts of the proposal would not fit within any of these categories.
6.2.2 When looking at the proposal, in the first instance the proposal is not proposing the change of use of the land, having discussed the proposal with the applicant during the officer's site visit. The applicants understand that the field is zoned as agricultural and do not want this land zoning to change. As such when looking at the proposal there are parts in which are proposed which can fit within an agricultural need and parts which do not fit within an agricultural need.
6.2.3 Firstly with regards to the greenhouse and the polytunnel, both of which are for the provisions of horticulture which is included as part of the interpretation of agriculture within the Town and Country Planning Act 1999. During the officer’s site visit, the greenhouse was being used as proposed, with the inside full of plants as such, from this point of view the use fits within horticulture and the principle of the greenhouse is acceptable.
6.2.4 Polytunnels have been permitted on several sites around the Island and there is even Permitted Development for the erection of a polytunnel within the curtilage of a dwellinghouse, as
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such they are acceptable structure. The proposal within this application, is large but when taken within the overall context of the site is an acceptable size and as such the principle of the polytunnel is accepted.
6.2.5 Turning towards the parts in which do not fit within the definition of horticulture and require assessing further, firstly with regards to solar panels. Whilst the site is not designated for development, the Strategic Plan has policies regarding renewable energy which is then re- confirmed within the Isle of Man Future Energy Scenarios (2020). This means that when accessing the acceptability of the principle of the proposal the Strategic Policies for renewable energy has to be weighed against the Strategic Policies for protecting the countryside.
6.2.6 The proposal within this application is relatively small in relation to the whole site with the panels having the potential to create enough solar gain to help provide a substantial amount of renewable energy for the property, as such it is considered that the installation of the solar panels at the site would accord with the general support given to the introduction of renewable and alternative energy sources and would comply with Paragraph 12.2.8 and Energy Policy 4 of the Isle of Man Strategic Plan 2016.
6.2.7 The site itself is situated to a sheltered part within the overall property's boundary, with views of the area from the surrounding properties and beyond being unlikely. The proposed installation of solar panels would not alter this land designation, as an agricultural use whether horticulture or the grazing of farm animals can still be done within the site, as such the proposal would comply with Environment Policy 14.
6.2.8 Lastly turning towards the new workshop and store, originally with the application there was no justification provided for the workshop and store as such this was requested. The applicants state the following regarding justification, "Justification of size: To provide additional clarity to justify the size of the new timber structure, we have provided an updated plan to better indicate the layout and use of the building. Primarily it will be used for the storage of equipment to maintain the horticulture plot e.g. ride-on mower, small trailer, wheelbarrows, strimmer's, as well as a workspace for general repairs; construction of planting supports etc.; including a potting area and a space to sit or shelter rather than having to go back and forth to the main house."
6.2.9 Generally applications have been approved and refused for workshops of a range of sizes within agricultural plots adjacent to properties. The main understanding of the approved applications is that there is that the maintenance of areas of land do require equipment and a place to store the equipment, though the size of the structures are very important so that the size requested is relative to the size of the land and that the workshop is situated adjacent to already existing structures.
6.2.10 The workshop and store within this application is situated in an isolated position to the top of the agricultural field, away from the main structures which are where the property is situated. The reasoning for this isolation of the proposed workshop and store is that the "Ecosystems Policy Officer has deemed the site the most appropriate as it was location on an area of the field which had suffered the most historically from poor management." This has not been confirmed from the Ecosystems Policy Officer.
6.2.11 Whilst the above is the reasoning provided it could be seen that the proposed site is situated within an area which is relatively flat and would require the least amount of groundworks for the proposed workshop and store, which would not be the case if the proposal was situated more closer to the main dwelling.
6.2.12 Overall the principle of the proposed workshop and store would be acceptable, due to its size in relation to the overall site, whilst this is the case it is necessary to condition the proposed workshop and store so that it is only used in connection with agriculture and if it is not used for agricultural uses that it is removed after a set time period.
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6.3 CHARACTER AND APPEARANCE 6.3.1 Due to the proposal and the site, it is necessary that regard is given to the reasonableness of the scale and siting of the proposed works and how they could affect the overall openness and ruralness of the surrounding area.
6.3.2 It should be noted that even with the proposed structures on the site the land in question is still going to be used for agricultural purposes, even if to a small scale production as such the land itself would not be changing.
6.3.3 During the officer’s site visit, it could be seen that to the Western side of the site there is substantial trees and hedging which would reduce views into the site and also that whilst views of the site are given from the main D51 track, these would be read in the context of the proposal.
6.3.4 When looking at the character and appearance of the proposals, firstly with regards to the polytunnel, it can be seen that the proposal is more structured than a polytunnel with it having a timber structure and polycarbonate panels, which is different to the usual polyethylene covered hoops of a polytunnel. Whilst this is the case, it is noted firstly that there are no groundworks proposed to the structure and also that due to the exposed nature of the site the proposal would react better to the Islands weather, as such the overall character and appearance of the structure is acceptable.
6.3.5 Turning specifically to the greenhouse and the workshop and store, it can be seen that the proposal is to use reclaimed windows and uPVC doors. Whilst these would give the site a very DIY appearance, this would be no more than if this was done within the existing domestic curtilage of the site (if the Permitted Development wasn't removed by condition), nor does the materials proposed detract from the proposed used of the site.
6.3.6 Overall the proposal would have a minimal impact upon the site when taking into context the overall site and the use of the site.
6.4 ECOLOGY 6.4.1 Turning towards the ecology of the site, it can be seen that the site an area of species-rich grassland and as such a management plan is required so that the area is managed sufficiently. The Ecosystems Policy Team have done a site visit and confirmed that the Wildlife action plan, dated received 12th May 2023 would be acceptable for the retention and positive management of the remaining specifies rich grassland areas.
6.4.2 As such with the above in mind, the proposal is deemed not to impact the site with regards to ecology as long as a condition is attached, for the wildlife action plan to be followed.
6.5 SOLAR PANELS 6.5.1 Turning towards the solar panels, it is noted that solar is becoming an increasingly popular way of electricity via alternative sources and as such whilst the comments from the MUA is noted, it would be up to the MUA to discuss the power received and how this might impact the export limitation they have given the applicants in their application to the MUA.
6.6 IMPACT ON NEIGHBOURING AMENITY 6.6.1 Lastly turning towards whether the proposed works would impact neighbouring amenity. The closest property to the works is "Smithy Cottage," which is situated East of the site at approximately 73m away, as such the impact upon their amenities would be minimal.
6.6.2 Turning towards the comments raised by both "Moorhouse Farm Limited" and "Bee & Blossom Farm." Both neighbouring properties have raised comments regarding the public road, whilst these comments are noted, the proposal is to do with the rear field and does not propose any alterations to the existing public roadway and as such it would be a civil dispute between all parties.
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6.6.3 With regards to the proposed addition of a condition regarding fencing, there was no context involved on why this would be required as such, it was deemed that such a condition would not be required for this application.
CONCLUSION 7.1 Overall the openness and rural character of the countryside is not expected to be undermined as a result of the proposed solar panels, as such the proposal complies with Environment Policy 1 & 22 and Energy Policy 4.
7.2 It is recommended that the planning application be approved.
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 __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 18.09.2023
Signed : V PORTER 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
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