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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90964/B Applicant : Mr & Mrs Robert and Grizelda Taylor Proposal : Erection of 20 ground-mounted solar photovoltaic panels Site Address : Ballamaddrell Farm Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.09.2024 __
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. Notwithstanding the details submitted, no approval has been granted for the extension of the residential curtilage. The residential curtilage remains as defined by the red line boundary under PA 19/00102/B.
Reason: To ensure proper control of the development and to reflect the information provided in the application, as the application does not propose to extend the residential curtilage and has not been considered as such.
C 3. The 20 ground-mounted photo-voltaic panels hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used for a period greater than 18 months or no longer require for the production of electricity.
Reason: In the interests of the visual amenities of the countryside setting and to avoid unnecessary built development in the countryside.
This application has been recommended for approval for the following reason. It is concluded that the development proposed is acceptable when assessed against the relevant policies and the site context having not significant impacts upon public or private amenities.
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Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 20.08.2024. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No Objection Local Authority - No Objection __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The application site represents the curtilage of Ballamaddrell Farm, Grenaby Road, Ballabeg, Arbory. The site has a number of existing buildings within the curtilage including Ballamaddrell Farmhouse, garaging and an outbuilding. The current use of the broader site area includes agricultural use within field 425236 attached to the southern end of the residential curtilage.
1.2 The entire northern and eastern boundaries are enclosed by mature trees and shrubbery which lines the site boundary with the only open section being the western boundary and parts of the southern boundary. There is a fence that lines the boundary with Grenaby Art Studios on the west.
2.0 THE PROPOSAL 2.1 Proposed is the installation of a total of 20 ground-mounted solar photovoltaic panels which are split into two separate blocks, appearing as two parallel rows. They have an overall total width of 23.8m, each row having a depth of 1.5m with a 2m gap in between each row and a maximum height above ground level of 1.4m. They are proposed to be located to the northern boundary of Field Nr 425236 to the southeast of the main dwelling Ballamaddrell Farm. Along the northern boundary of Field Nr 425236 is a mature hedgerow which is indicated on the submitted plans as being 23.1m in height. To the north of this boundary is a neighbouring residential bungalow which is located approximately 37m from this share boundary and 38.5m from the closest solar photovoltaic panel.
2.2 In support of the application the applicants have stated: "The proposed installation of these Photovoltaic panels will help to reduce the amount of carbon dioxide emissions from the dwelling and thus reducing the carbon footprint.
Panels to be positioned on adjacent agricultural field to ensure that they are not overshadowed and can face in a Southerly direction in order to increase efficiency. They will be positioned near to the boundary with the adjacent property so that they are screened by the existing hedge and thus reducing the visual impact.
JA Solar JAM54D40-435/GB solar Photovoltaic panels with black frame on metal supporting structure to manufacturers specification, see data sheets for further information.
Storage to be provided by Tesla Powerwall storage batteries, see data sheets for further information. 20 panel installation to provide 17.4 kWp of DC power with 17.26 MWh annual energy production saving 3.34t of CO_"2 annually - the equivalent of 153 trees planted annually.
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Support structure to be fixed to individual pads at each leg location rather than a single concrete slab to ensure that there is no loss of biodiversity for the areas underneath the panels."
3.0 PLANNING POLICY 3.1 The application site is shown on the Area Plan for the South as being within an area designated as not for a particular purpose, as the site sits outside the settlement boundary of Ballabeg. The site is not prone to flood risks as shown on the Isle of Man Indicative Flood Risk Maps. Whilst there are no Registered Trees on site, the northern section of the site, which includes over 50 percent of the dwelling sits within a Registered Area, although the area if the site which is the subject of the current application sits just south of the Registered Tree Area.
3.2 Paragraph 12.2.8 of the Isle of Man Strategic Plan 2016 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. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. 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. Accordingly:
3.3 Environment Policy 22 of the Isle of Man Strategic Plan 2016 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
3.4 Energy Policy 4 of the Isle of Man Strategic Plan 2016 states: "Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA".
3.4.1 Appendix 5 of the Strategic Plan identifies developments where an EIA is required. It states in part: (c) Energy industry i. Thermal power stations and other thermal installations ii. Surface storage of natural gas iii. Underground storage of combustible gases iv. Surface storage of fossil fuels v. Industrial briquetting of coal and lignite vi. Installations for the harnessing of wind power for energy production
3.4.2 There is no reference made to the installation of solar panels within appendix 5. The scale is also not considered to be significant enough to warrant an EIA in any case, and the site is not a sensitive site as stated in paragraph 3.1 of this report.
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3.5 The Isle of Man Strategic Plan 2016 also contains the following policies that are considered specifically material to the assessment of this current planning application.
3.5.1 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.5.2 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.5.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.5.4 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.
3.6 Area: Area Plan for the South 3.6.1 On the draft Landscape Character Appraisal the site lies within an area of Incised Inland Slopes where the following advice is available, Ballamodha, Earystane and St Marks (D14): 3.6.2 The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
3.6.3 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.
3.6.4 Implications are: i. To protect the tranquil, rural character of the area with its open views. ii. Sensitive location of new buildings and the use of screen planting. iii. Avoidance of physical or visual amalgamation of roadside housing.
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iv. Protection and enhancement of the identity of Ballabeg and Colby by the conservation of the rural character of the adjacent landscape.
3.7 Climate Change Act 2021
4.0 PLANNING HISTORY 4.1 The following planning applications are considered relevant in the determination of the application;
4.2 Conversion of barn and erection of double garage extension to provide ancillary and tourist accommodation - 24/00708/B - PENDING CONSIDERATION
4.3 Erection of a replacement multi-purpose agricultural building - 24/00709/B - PENDING CONSIDERATION
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Highway Services comment there is no highway interest (29.08.2024).
5.2 Arbory and Rushen Parish Commissioners raise no objection (20.09.2024).
6.0 ASSESSMENT 6.1 The Department is supportive of proposals to harness renewable energy but must balance this against the other principles of the Strategic Plan, particularly those relating to preventing harmful development in the Island's countryside. In this respect, the provisions of Environment Policy 1 are particularly relevant where it states that within such areas development which would adversely affect the countryside will not be permitted.
6.2 From public views none of the panels are likely to be apparent, given the significant boundary features which run along the Grenaby Road, the heights of the panels and distance from public viewpoints. The solar panels are also located close to the northern field boundary, which is made up of a mature hedgerow. While they are proposed outside the residential curtilage of the main dwelling (i.e. garden) they are within 20m of the dwelling. The applicants outline that they are position to gain as much solar gain as possible, being south facing and away from mature trees/landscaping within the site, namely near to the main dwelling gardens.
6.3 Overall, it is considered the siting is arguable the best location within the ownership of the applicant, which benefits from gain solar gain, is not publically viable and is positioned along a boundary of a field to ensure that field is still suitable for agricultural activities to take place without obstruction, if such activity where to occur. As such, the position of the solar panels on the field would not spoil the character of the surrounding countryside and not have an adverse visual impact, thus the development would comply with Environment Policy 1.
6.4 Since the solar panels would be installed on an agricultural field, the agricultural status of the land to which the solar panels would be installed was assessed. It should be noted that generally solar panels of this design do not necessary result in the loss of agricultural use of the land. They are generally designed so that sheep etc. can still be kept on site as the panels are raised of the ground. The proposal does not propose to fence the land accommodating the solar panels off from the majority of the unaffected field. Even if this small section of field was fenced off, in terms of the amount of agricultural land lost, it would be inconsequential. From aerial imagery it appears the northern section of the field is or has been sued for agricultural activates namely growing of plants/vegetables keeping of animals.
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6.5 Accordingly, there is not consider to be any loss of agricultural land (Class 2/3 - Agricultural Land use capability map for the Isle of Man) enabling the development to comply with Environment Policy 14.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the development proposed is acceptable when assessed against the relevant policies and the site context having not significant impacts upon public or private amenities.
7.2 It is recommended that the planning application be approved.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 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).
8.2 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.
8.3 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.
8.4 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. __
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.
Decision Made : Permitted
Committee Meeting Date: 30.09.2024
Signed : C BALMER 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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