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24/90981/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90981/B Applicant : Dawn Worthington Proposal : Erection of polytunnel and micro wind turbine Site Address : Lambfell Beg Cronk Y Voddy St Johns Isle Of Man IM4 3NS
Planning Officer: Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.10.2024 __
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. In the event that the approved use of the polytunnel for growing food and crops ceases for a period exceeding 12 months, the polytunnel and any supporting structures and groundworks shall be completely removed from the site and from field 314232 and the ground restored to its former condition as an open grass field for agricultural purposes within 3 months of the date of the cessation period ending and the site thereafter retained as open field.
Reason: The poly tunnel has been exceptionally approved solely to meet a specific need and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 3. Approval is granted only to the installation of Archimedes Turbine model AWM-1500D as detailed on drawing 102 Rev C and in the Archimedes Wind Turbine Specification Brochure.
Reason: the application has been assessed on the basis of this model only, and in the interest of noise and visual amenity.
C 4. Should the wind turbine ceases to produce electricity for a period of 12 months, the wind turbine and its ancillary equipment, infrastructure and groundworks shall be completely removed from the site and from field 314232 and the ground restored to its former condition as an open grass field for agricultural purposes. Its removal shall be within 3 months of the date of the cessation period ending and the site thereafter retained as open field.
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Reason: The turbine has been exceptionally approved solely to meet a specific need and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 5. This approval relates only to the installation of a poly tunnel and wind turbine as set out in the application details and application description. No approval is granted to any other works in respect of any containers, stables or garaging works outside of the red line.
Reason: there are details shown on drawing 004 for containers, stables and garaging works which are not part of this application and subject to separate applications for their own consideration and do not form part of this application.
C 6. The poly tunnel and wind turbine hereby approval shall be for private use of the main dwelling known as 'Lambfell Beg' only as located within the blue line as shown on drawing 004.
Reason: The proposals have been considered on a private use only relating to the neighbouring domestic property and not for any commercial use.
This application has been recommended for approval for the following reason. The proposed polytunnel and turbine installations, though on non-designated land, are deemed acceptable in this specific case being in close proximity to existing development and having minimal impact on the local landscape and neighbouring amenities. The polytunnel supports agricultural use tied to 'Lambfell Beg', and is clustered close to nearby development so as to not aversely harm the rural character of the landscape in line with Environment Policies 1, 2, 15, and 17 of the Isle of Man Strategic Plan 2016. Similarly, the modestly sized turbine aligns with carbon reduction goals outlined in the Climate Change Act 2021 and Action Plan 2022- 2027, without negative visual or environmental impacts meeting with Environment Policies 1, 2, 24, Energy Policy 4, and Appendix 5 of the IOM Strategic Plan 2016. Conditions will ensure no unwarranted retention, their removal if no longer required and the approval explicit to the tunnel and turbine only for the avoidance of any doubt.
Plans/Drawings/Information; This approval relates to the following: o Drawing number 002 Rev B o Drawing number 004 o Drawing number 102 Rev C o Existing field photographs all date received 30/08/2024
and o 2 x emails from agent dated 28th October 2024 o Archimedes Wind Turbine Specification Brochure date received 30/10/2024
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Local Authority - as they raised no objection subject to conditions and these have been applied o Department of Infrastructure - as they had no objections o DEFA Ecosystems - as they are part of DEFA
Officer’s Report
THE APPLICATION IS BEFORE COMMITTEE IN ACCORDANCE WITH 2(1)(C) OF THE PLANNING COMMITTEE STANDING ORDERS 2023_02 AS THE LAND IS NOT DESIGNATED FOR ANY USE
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AND THE APPLICATION IS RECOMMENDED FOR APPROVAL AND MAY BE CONSIDERED CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.0 THE SITE 1.1 The application site relates to field 314232 sitting on the eastern side of Creg Willeys Hill heading north out of Glen Helen and towards Cronk y Voddy straight. The field is in ownership of Lambfell Big which sit adjacent and alongside the main road.
2.0 THE PROPOSAL 2.1 Proposed is the installation of a poly tunnel and a micro wind turbine within field 314232. 2.2 Poly Tunnel - measuring 10m x 4m and 2.97m to its tallest point. The poly tunnel is not shown to have any concrete or other base and to sit directly on the field. 2.3 Micro Wind Turbine - "Archimedes" measuring 1.8m at its tallest and 1.75m at its widest. The turbine is proposed to sit on a concrete base measuring 2.5m x 2.5m and 150mm deep. 2.4 There is no other works proposed as part of this application. There is to be no change of use of the field which is to remain undesignated and available for agricultural purposes. 2.5 Following request the agent provided additional information by email in respect of need for the poly tunnel to allow the applicant to grow food items and indicating too little space in the existing garden to allow for this, and they also provided the specification brochure for the Archimedes unit and a short environmental statement as part of their email.
3.0 PLANNING HISTORY 3.1 There are two other contemporaneous applications running alongside this one: o PA 24/00211/C - for the change of use of part of the garage to tourist use, including the installation of decking and creation of a car port. o PA 24/00704/B - for the erection of 2 x temporary storage containers (retrospective) for two years.
3.2 The wider site has also been subject to a number of applications relating to works to the main house and including works to the access and garage building: o 02/02100/B -erection of front porch, dormers to rear elevation and alterations to vehicular access REFUSED o 02/00266/B -extensions to dwelling, erection of stables and creation of replacement vehicular access REFUSED o 02/01334/B - erection of kitchen extension and replacement porch, alterations to vehicular access and erection of stables - SPLIT DECISION; Extension and stables approved. o 03/00593/B - erection of a front porch and two rear dormers - APPROVED o 08/01049/B - erection of a garage and study to replace existing stable block - APPROVED subject to conditions o 08/00496/B - first floor extension to side elevation - Approved
4.0 PLANNING POLICY 4.1 Site Specific 4.1.1 The application site is not designated for development on the 1982 Development Plan and is within an Area of High Landscape or Coastal Value and Scenic Significance. Primary overhead high tension lines run west of the site. The site is not within a Conservation Area and is not recognised as being at any risk of flooding.
4.2 Relevant policies of Strategic Plan. o Strategic Policy 2: Only in countryside if in accordance with 6.3 (GP3) o Strategic Policy 4 - protect and enhance landscape and nature conservation value
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o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required) o Spatial Policy 5 - development only permitted in countryside if in accordance with GP3. o General Policy 2 - general standards towards acceptable development o General Policy 3(f) - sets out exceptions to development in the countryside including operations essential for conduct of agriculture, o Paragraphs 7.4.1 and 7.5.1 - Landscape and open countryside protection o Environment Policies 1 and 2 - seek to protect the countryside for its own sake and from harmful and unwarranted development o Paragraph 7.6.1 - Landscape assessment and classification o Paragraphs in Section 7.13 - protection of agricultural land and real agricultural need must be demonstrated o Environment Policy 14 - no loss of high quality agricultural land o Environment Policy 15 - outlines the general design criteria for agricultural buildings being positioned as close to existing buildings as possible and being of appropriate scale and sympathetic to the landscape o Environment Policy 17: buildings for nurseries or market gardens o Environment Policy 24: development having significant effect on environment will be required to be accompanied by EIA in certain cases and supported by suitable supporting environmental information. o Energy Policy 4 - Development involving alternative sources of energy will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submissions of an Environmental Impact Assessment. o Paragraph 12.2.8 states: "The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts...On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site." o Appendix 5 sets out further information and lists developments which will automatically require an Environmental Impact Assessment, including: Installations for the harnessing of wind power for energy production.
4.4 Reference any relevant PPS or NPD 4.4.1 n/a
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Climate Change Act 2021
5.2 Policy/Strategy/Guidance o Climate Change Action Plan 2022-2027
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DEFA Ecosystems - no objection (25/09/2024)
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6.2 German Commissioners - no objection subject to conditions (30/09/2024) they indicate the weather not being good for poly tunnels but if approved a conditioned added to ensure proper maintenance. They also comment that the containers shown need to be removed from the drawings for this application.
6.3 DOI Infrastructure - No highways Interest (09/09/2024).
6.4 The following were consulted but not response received at the time of writing the report 31/10/2024: o Manx Utilities
7.0 ASSESSMENT 7.1 The application relates to the erection of a poly tunnel and the installation of a wind turbine, both in field 314232 and to be used in connection with domestic dwelling Lambfell Beg. The key matters to consider in their assessment are principle of development, visual impact, neighbouring amenity impact and environmental impact particularly in terms of the turbine in this case.
7.2 Poly Tunnel 7.2.1 General Policy 3 sets out the exceptions to development in the countryside and includes for works essential for the conduct of agriculture. Environment Policy 15 sets out the design criteria for agricultural/horticultural buildings in the countryside and their best siting to avoid unacceptable spread of development. Environment Policy 1 protects the countryside for its own sake and any development which would adversely affect the countryside will not be permitted, while Environment Policy 2 seeks to protect AHLV and development must not harm the character and quality of the landscape or its location is essential.
7.2.2 In this case the polytunnel is not indicated to be for any essential agricultural operation and to be used domestically in association with the occupants of the main house. On a technicality the proposal fails the test of GP3(f) in not being essential for agriculture to be considered an exception to development in the countryside.
7.2.3 Environment Policy 1 and Environment Policy 2 seek to protect the countryside landscape and character from harmful development and Environment Policy 15's criteria seeks development to be "be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part." The agent provided additional information in an email dated 28/10/2024 stating "the applicant suffers from IBD, which causes extreme sensitivity to foods, requiring a full organic diet. The polytunnel will provide the ability to grow organic foods to suit the applicant's needs, reducing the risk of future debilitating flare-ups. The size of the polytunnel has been selected to allow the applicant to grow a variety of organic foods year- round. This therefore requires the polytunnel is positioned within the field as it's too large to be accommodated within the residential curtilage. This position also has the added bonus of providing protection from the elements and won't be visible from the road."
7.2.4 The siting of the poly tunnel is nearest the eastern field boundary and just below the bank of the existing driveway and garage block and nearest to the existing build development. Its distance and siting is below the level of the main road and this limits public view. There is only one tunnel proposed and of reasonable small size more a kin to domestic purpose more so than commercial farming. Although it may have some negative visual impact given its position within the field, given its proximity to the existing nearby garage and driveway helps the tunnel to be read in read in connection with the adjacent development and less so as an isolated structure. The structure would result in some loss of open farm land but this would be replaced by covered growing space, although this still being purposes relating to agriculture which includes cultivation of soil and the growing of crops and so does not undermine EP14.
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7.2.5 These types of poly tunnels are not uncommon and can be found throughout the countryside including at existing farms and horticultural sites. Although technically being development in the countryside and failing the principle test of GP3 in not being essential for the conduct of agriculture, on the basis of the size, scale and close proximity of the poly tunnel structure to the boundary of the field and close to the curtilage of the main dwelling and best meeting the design criteria tests of Environment Policy 15 that an exception can be made in this case and is not expected to result in any unacceptable harm to the wider landscape in this specific case.
7.3 Turbine 7.3.1 Similar to the poly tunnel the proposed turbine is to be for domestic purposes but is located outside of the residential curtilage and within the field. General Policy 3 does not include provision of renewable energy sources or turbines as an exception to development in the countryside and so again this element of the proposal fails GP3.
7.3.2 However there are other policies of the IOM Strategic Plan 2016 which do address renewable energy sources and Energy Policy 4 and that they will be judged against the environmental objectives and policies set out in the Plan and installations involving wind will require the submission of an EIA, and paragraph 12.2.8 states that "On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one."
7.3.3 Unlike the typical tall turbines with rotating blades, this is a much smaller and compact unit reaching 1.8m tall at its highest. Its distance from the road and position down within the field also limits public view. The distance from the neighbours also help to limit any potential noise impacts with the specification brochure indicating an anticipated sound power of around 45dB and not expected to result in any significant adverse noise impact on the surrounding area, environment or any adjacent properties. The agent included a small environmental impact statement along with the specification brochure in an email dated 28.10.2024 and comments have also been received from Ecosystems concluding no objections.
7.3.4 While the proposal fails GP3, it is considered to work towards Energy Policy 4, paragraph 12.2.8 and those climate action plans and strategies towards reducing the Island's emissions and carbon footprint and towards the on-going journey to net-zero, and minded of the domestic nature of this proposal, the turbine unit size, the distance from neighbours and no harm expected on any habitats or ecosystems that the proposal is not considered to undermine or at odds with Environment Policies 1 and 2. Although located within the field, the fairly small size and scale of the unit and the concrete pad is not considered to result in any unacceptable loss of agricultural land in this specific case with sufficient field areas remaining.
8.0 CONCLUSION 8.1 Although the land is not designated for development, the proposed poly tunnel is considered to be acceptable on an exceptional basis due to the intended use for growing of produce in association with dwelling 'Lambfell Beg' and given its siting being in close proximity to the existing curtilage and read amongst the cluster of surrounding development and not to result in an unacceptable visual impact or to harm the rural landscape and countryside character in this location, and not to result in any neighbouring amenity impacts so as to not undermine Environment Policies 1, 2, 15 and 17 of the Isle of Man Strategic Plan 2016.
8.2 Although positioned further into the field, the proposed turbine is considered to be of reasonably small size and scale and its installation would work towards those policies and wider
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government strategies towards reducing carbon footprint and towards net zero, the siting, size and location is not considered to result in any adverse visual or harmful impacts to the landscape, and its installation is not considered to result in any amenity impacts to neighbours or to the surrounding environment and habitats. Minded of paragraph 12.2.8 in respect of domestic installations, the proposal is considered to providing sufficient environmental information minded of paragraph 12.2.8 and to align with Environment Policy 24, Energy Policy 4 and Appendix 5, and aligning with those parts of Climate Change Act 2021 and Climate Change Action Plan 2022-2027 without undermining Environment Policies 1 and 2 of the Strategic Plan.
8.3 Conditions requiring the removal of each structure should they no longer be required is appropriate and including the removal of any associated infrastructure, including any concrete hardstanding or cabling for the turbine. A condition in respect of the selected turbine unit is also necessary in order to align with the information and impact as assessed within the application process.
8.4 Taking on board the comments on the local commissioners a further condition will be added to explicitly state that the application relates only to the poly tunnel and turbine, and that no approval is granted to any other works in respect of containers or garaging works which appear on the location plan.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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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 and/or rights to appeal.
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Decision Made : Permitted
Committee Meeting Date: 11.11.2024
Signed : L KINRADE
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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