9 November 2020 · Delegated - Principal Planner (Chris Balmer)
The Haven, Windsor Mount, Ramsey, Isle Of Man, IM8 3ea
The proposal involves mounting 28 all-black solar PV panels (each 1650mm x 990mm) on the south-facing gable wall of The Haven, a four-storey end-of-terrace house in Ramsey, and installing an Ecodan 14kW air source heat pump (1.1m x 1.3m) in the rear garden.
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The officer assessed the proposal against General Policy 2, which requires developments to respect surroundings in siting, scale, design, amenity, character, and energy efficiency.
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, design, amenity, character, and reduce energy consumption. Officer tested solar panels for visual impact on streetscene and neighbours (all-black, non-reflective, wall-painting condition) and heat pump for noise amenity (MCS assessment below limits, condition applied), finding full compliance including energy efficiency aspect.
Paragraph 12.2.8
Supports energy efficiency and renewables in existing buildings, balancing benefits against environmental impacts. Officer applied to endorse solar panels and heat pump as contributing to efficiency in an old property, with no significant adverse impacts identified.
Environment Policy 22
Prohibits development harming amenity via noise, vibration etc. Tested heat pump noise against this, using MCS020 guidance (no local standards), confirming levels not exceeding acceptable thresholds at neighbours.
Environment Policy 4
Judges alternative energy like solar panels against environmental policies; no EIA needed. Officer confirmed general support for such installations, with proposal passing visual/noise tests.
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.
Heat pump noise limit
The heat pump hereby approved must not result in a noise that exceeds 42 dB LAeq 5 mins where "LAeq 5 mins" means the A-weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of that relevant door or window. Reason: for the avoidance of doubt and to safeguard the neighbouring property from unnecessary noise in accordance with General Policy 2.
Wall painting to match panels
The external facing wall where the solar panels are to be installed shall be painted to match the proposed solar panels and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
No Highways Interest in this application
no objection to this proposal. The board were encouraged and supportive of alternative energy sources.
Highways Division reported no highways interest, and Ramsey Town Commissioners had no objection and were supportive of the alternative energy proposal.
Department of Infrastructure (DOI) Highways Division
No CommentNo Highways Interest; NHI on 18 June 20
Ramsey Town Commissioners
No ObjectionRamsey Town Commissioners have no objection to this proposal.; The Board were encouraged and supportive of alternative energy sources.
Planning approval 20/00533/B was granted for installation of 28 solar panels on the gable wall and a heat pump, subject to three conditions including Condition 3 requiring the gable wall to be painted black to match the panels for visual reasons. The appellant argued the condition was unnecessary and would harm the property's character by creating a stark black gable. The Council defended it as needed to protect townscape character and amenity under GP2(c) and (g). The inspector agreed with the appellant, finding the condition failed the 'necessary' and 'reasonable' tests as painting the wall black would detract from the house's appearance and visual balance. The appeal was allowed on 20 May 2021, retaining conditions 1 and 2.
Precedent Value
This appeal demonstrates that conditions must strictly meet all six tests (especially necessary/reasonable); applicants can successfully challenge via evidence that the condition causes greater harm than the development. Future appeals should prioritise photos showing three-dimensional context and argue reversal of officer logic.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
