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24/91096/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91096/B Applicant : Mr Tom Spiers Proposal : Erection of wind turbine Site Address : Field 410153 Upper Kirkill Farm Ballakillowey Road Colby Isle Of Man IM9 4BW
Planning Officer: Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.05.2025 __
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. No Development shall take place until a cable routing plan has been submitted to and approved in writing by Department. The route shall be implemented in accordance with the approved details.
Reason: in the interest of visual amenity and to minimise and safeguard potential ecological impact and wildlife.
C 3. The wind turbine hereby approved shall only be erected in accordance with Site Plan and Wind Turbine Data Sheet received on 1 October 2024. The development shall be retained as such thereafter.
Reason: in the interest of noise and visual amenity and biodiversity.
C 4. The turbines hereby approved shall be dismantled and removed from the site within 20 years from the date when electricity is first generated with written notification of the first generation date to be provided to DEFA Planning no later than 14 days after the event, or within 6 months of the date when the when the turbines permanently cease to produce electricity whichever is the sooner with the land restored thereafter in accordance with a decommissioning and site restoration scheme which shall be submitted to and approved in writing by DEFA Planning.
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Reason: In accordance with the lifespan of the proposed turbines and in the interests of visual amenity.
N 1. As a protected species under the Wildlife Act it is recommended that the Reasonable Avoidance Measures for Common Lizard contained in Appendix II of Ecology Vannin's Advice Note: 'Wind Turbine Site Assessment and Advice', dated April, 2024, be implemented.
This application has been recommended for approval for the following reason. The proposed wind turbine at Upper Kirkhill Farm, while it aligns with Energy Policy 4 (EP4), it does not fully comply with General Policy 3 (GP3) due to its countryside location. Paragraph 12.2.8 of the Strategic Plan recognizes that domestic wind turbines have become increasingly viable in response to rising energy costs and climate change concerns. Given the scale and siting of the turbine, its visual impact is minimized, ensuring compliance with Environment Policy 1 (EP1). Appropriate level of environmental assessments and mitigation measures effectively address potential risks to wildlife and habitats, satisfying EP5 and GP2. Balancing renewable energy benefits against policy constraints and environmental safeguards, the proposal is acceptable for approval under the Strategic Plan and relevant policies.
Plans/Drawings/Information;
This decision relates to the following documents and plans:
Documents: 1. Ecology Report - Dated January 2024, received 03 March 2025 2. Predicted Energy Assessment - 01 October 2024 3. Raptor Acuity and Wind Turbine Blade Conspicuity Document - 01 October 2024 4. Ecology and Evolution Paper - 01 October 2024 5. Cover Letter and Plan List - 01 October 2024 6. Photographs - 01 October 2024 7. L1A SAP Calculations Report - 01 October 2024 8. Wind Turbine Data Sheet - 01 October 2024
Plans and Drawings: 1. Location Plan - 01 October 2024 2. Site Plan - 01 October 2024 3. Location of Photographs Plan - 01 October 2024 4. Drw. S4 - Proposed Wind Turbine Section BB - 01 October 2024 5. Drw. S3A - Proposed Wind Turbine Section AA - 01 October 2024 6. Wind Turbine Elevation - 01 October 2024
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI Highways - No objection o Manx Utilities Authority (Electricity) - Objection does not relate to material planning considerations
It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: o Arbory and Rushen Parish Commissioners
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because:
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o 13 Edremony, Port Erin; o Glen Chass, The Level, Colby; o Ard-Ny-Shee, 3 Viking Close, Ballakillowey, Colby;
Objection does not identify land that is owned or occupied by the objector that would be impacted on (A10(2)(a)) __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The site comprises an existing cottage and associated stables to the rear, situated on the western side of the A36 Sloc Road as it passes through Lingague. The site and adjoining land of six fields within the applicants control extends to approximately 20 acres. The dwelling is 400m from the main road. Between the dwelling and the road are two properties - Kirkle Farm and Kirkle Cottage which are close together and a barn which sits between these two dwellings and the application site. The site lies in the open countryside, the surroundings comprise a mixture of grassed fields and upland slopes.
1.2 The existing house is a traditional cottage which has been extended on each side - to the left with a two storey extension echoing the style and dimensions of the main core, and to the right a single storey garage with two garage doors.
2.0 THE PROPOSAL 2.1 The full planning application proposes the erection of a single vertical wind turbine to be used to power the house and outbuildings on the landholding. The holding extends to approximately 24 acres which surround the existing house and stables and accommodates an existing farmhouse and stables to the rear. The design for the turbine is proposed to employ a vertical axis turbine mounted on a pole to a maximum height of 12.0m above existing ground level. The 5-blade rotor would measure 4.5m in height, and 3.0m in diameter. This would result in an overall height of 14.5m resulting in a 2.5m height of the rotor projecting above the pole. The Wind Turbine is rated at 15 Kilowatts output. The vertical rotor differs to a horizontal rotor wind turbine in that the rotor sits atop the pole and spins like a top, whereas a horizontal rotor is akin to a windmill in operation and appearance.
2.2 The application is accompanied by the following details: 1. Location Plan (including the locations of the alternative sites which are referred to in the accompanying statements and which are not being pursued). 2. Site plan showing the site of the proposed turbine 3. Elevation of turbine 4. Ecological Report by Ecology Vannin 5. SAP Report relating to the house, demonstrating the relevance of the renewable energy to these calculations 6. Baseline energy assessment 7. Raptor Acuity and Wind Turbine Blade paper 8. Ecology and Evolution paper 9. Section from Ballakillowey Road 10. Section from public footpath 11. Photographs of the site 12. Technical information on the turbine Planning Statement
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2.2.1 These were augmented by an Advice Note from Ecology Vannin Consultancy Services relating to a 'Wind Turbine Site Assessment and Advice' dated June, 2024. This was received on 30/8/24. The advice note covers details relating to a site walkover and the provision of ecological advice on the parcel of land known as The Nab Farm, Marown, Isle of Man, in relation to plans to erect a single wind turbine on the site.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The application site lies within an area not designated for development on the Area Plan for the South (2013). The site is not within a Conservation Area or Registered Tree Area and there are no registered trees on site. The site is also not prone to flood risks.
3.2 In the Isle of Man Landscape Character Assessment (July 2008) at Figure 3.1 'Landscape Character Types and Areas', the site is identified as being within a Landscape Character Area that is broadly classified as 'A2 - Southern Uplands. Within the Isle of Man Landscape Character Assessment Written Statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 31, the Landscape Strategy is: "The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features."
3.3 Area: Area Plan for the South 2013 3.3.1 Within the Area Plan for the South Landscape Assessment Areas, the site is within the Port Erin and Port St Mary (D15) Character Area where the following apply: "The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne5, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes. Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill."
3.4 National: STRATEGIC PLAN (2016) 3.4.1 The following parts of the IOM Strategic Plan (2016) are considered relevant to the consideration of the application: 1. General Policy 3 - Exceptions to development in the countryside. 2. General Policy 2 - General Development Considerations. 3. Strategic Policy 2 - Priority for new development to identified towns and villages. 4. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. 5. Strategic Policy 5 - Design and visual impact. 6. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3. 7. Environment Policy 1 - Protection of the countryside and inherent ecology. 8. Environment Policy 4 - Protects biodiversity (including protected species and designated sites). 9. Environment Policy 5 - Mitigation against damage to or loss of habitats. 10. Paragraphs in Section 7.13 - protection of agricultural land and real agricultural need must be demonstrated 11. Environment Policy 14 - no loss of high-quality agricultural land 12. 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. 13. 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
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wind, water and tide power will require the submissions of an Environmental Impact Assessment. 14. Para 12.2.8 confirms that applications for domestic wind turbines are unlikely to require an EIA. 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. 15. Para 7.18.2 confirms that pending the publication of a PPS relating to EIA that current practice within England and Wales will be adopted. At present this is set out in the Town and Country Planning (EIA) Regs 2017. 16. Appendix 5 (A 5.2) indicates under the heading Energy Industry that installations for the harnessing of wind power for energy production will require an EIA. 17. Transport Policy 10 - relates to the location and nature of development in and around the Island's airports, airfields, and air traffic control sites will be controlled in a manner which ensures that the safe and efficient use of these facilities by aircraft is not compromised. 18. Paragraph 7.34.1: "Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to: i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and v. provide a safe and secure environment."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.1.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
4.2 Climate Change Act 2021 - gives a clear direction for achieving net zero carbon emissions by 2050. Whilst Schedule 6 of the Act includes an amendment to TCP Act that by 1 January 2025 the development plan must take in account policies under the Climate Act it has not yet been enacted.
4.3 Climate Change Action Plan 2022-2027 sets actions for delivering cut in carbon emissions for 2050 net zero target, with interim targets of 35% reduction by 2030 and 45 % by 2035. It aims to reduce GHG emissions from electricity by 100% by 2030 with the ambition that at least 20MW of locally generated renewable electricity to be available from 2026. Although the level at which this is to be delivered is not specified.
4.4 Action Plan for Achieving New Zero Emissions by 2050 Phase 1 (Jan 2020) confirms net zero target of 2050 with 75% of electricity from renewable sources by 2035.
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4.5 Future Energy Scenarios (2020) outlines pathways to achieve 75% of the island's electricity from renewable sources by 2035 and net-zero emissions from electricity generation by 2050. The strategy was developed to address the fact that electricity generation currently accounts for around 33% of the island's greenhouse gas emissions.
4.6 IOM Renewable Heating Scenarios (2022) sets out recommendations for the best mix for the Island to transition from dependence on fossil fuel heating.
4.7 Energy Strategy 2023 outlines a plan to achieve net-zero emissions by 2050, focusing on increased energy independence, sustainable economic growth, and affordable energy for residents. The strategy, which was updated in 2024, aims to leverage the island's natural resources, particularly wind and solar energy, to diversify power sources and enhance grid resilience through a second interconnector.
4.8 Renewable energy sustainable study - impacts and opportunities
4.9 IOM Climate Change Transformation Programme Annual Progress Report 2023-24 confirms that for electricity complete decarbonisation will be need to achieved the 2030 interim target.
4.10 IOM Economic Strategy (2022) looks at supporting the decarbonisation to achieve the targets.
5.0 PLANNING HISTORY 5.1 The site has been the subject of a number of planning applications, the following planning applications are considered relevant for consideration: 1. PA 23/00308/B - Erection of a Replacement Dwelling - Refused - 11.07.2023. Appeal Approved 3/11/23.
PA 22/00232/B - Erection of agricultural barn and pump house - Refused - 15.06.2023. Appeal Approved 1/12/23.
PA 11/00840/B - Erection of replacement dwelling - Refused - 29/7/2011. Refused at Appeal 19/12/2011.
Previously two applications for the replacement dwelling and the alterations and extensions - PAs 07/1109/B and 08/0108/B were submitted for the site.
a. The first application 07/01109/B proposed alterations to the front in the form of replacement of the garage doors with patio doors and a rear extension which extended the property by 30%. This application was refused for reasons relating to the appearance of the patio doors. b. PA 08/0108 proposed a replacement dwelling whose front elevation was 14.4m - similar to the two storey element of the existing dwelling, a small recessed single storey annex on the right hand side and a rear two storey extension. The overall floor area was 404 sq m - an increase of 70% of the existing floor area. That proposed dwelling was to be 8.1m in height. This application was permitted but not implemented.
PA 08/00332/B - Erection of replacement stable block (Permitted).
PA 08/00108/B - Erection of a replacement dwelling (permitted).
PA 02/00797/B - Creation of wildlife pond (Permitted).
PA 97/01063/B - Erection of five stables and hay store, Kirkill, Ballakilpheric, Rushen (Permitted).
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6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 CONSULTEES: 1. DOI Highways Services HDC (14/10/24) has no highways interest.
Manx Utilities Authority - Electricity (14/10/24) comments: Missing Technical Information: a. Only known specification is 15kW from 'Wind Turbine Elevation' b. No electrical characteristics of the generator provided. c. Operating mode not specified (stand-alone or parallel with electricity network)
Network Limitations: a. Upper Kirkill farm has only single-phase electricity. b. Network has limited capacity
Required Action: a. Applicant must submit formal connection application to Manx Utilities. b. Application needed for network studies and connection assessment. c. Must include all electrical data specifications.
Arbury and Rushen Parish Commissioners (19/10/24): Policy Conflicts: a. Site not zoned for large industrial structures in Area Plan for the South. b. Conflicts with Strategic Plan Energy Policy 4 regarding wind power development. c. Violates Environment Policies 1, 2, and 4. d. Contradicts Southern Upland Landscape Character Assessment's conservation aims. e. Fails to comply with Landscape Proposal 20 regarding Raad ny Follian conservation. Landscape Impact: a. Represents significant development in protected landscape. b. Would affect open and exposed moorland character. c. Located adjacent to protected moorland area. Climate Change Policy Issue: a. Application relies on undecided future climate change policies b. Cannot be judged on potential future policies c. Must be assessed under current planning law and policy
DEFA Ecosystem Policy Team: 1. Comments received (30/10/24): a. Initial objection pending further information b. Willing to reassess upon receiving requested information Key Concerns: a. Manx BirdLife (MBL) database not consulted for bird records b. Protected Wildlife Act Schedule 7 orchids found nearby but current site not assessed c. Lizard presence confirmed in nearby areas Recommendations: a. Obtain bird data from Manx BirdLife b. Conduct orchid survey in affected areas c. Implement reasonable avoidance measures for lizard protection d. Flexibility in exact placement and ditching could allow orchid survey to be a condition rather than pre-consideration requirement Assessment Notes: a. Site appears lower risk for flying animals compared to corridor habitats b. Greatest lizard risk during winter works in rubble/collapsed hedge bank areas
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c. Proposed siting likely appropriate but needs bird data confirmation
Comments received (17/01/25): a. No objection, subject to conditions b. Confirms Ecology Vannin's updated Wind Turbine Site Assessment advice (Jan 2025) is satisfactory Required Conditions: a. Orchid survey must be completed before work begins b. Results to be submitted to planning c. Turbine construction must align with survey results d. Turbine must include: o Ultrasonic emitting device o Textured turbine shaft and/or black painted turbine blade e. Works must follow Reasonable Avoidance Measures for Common Lizard Additional Recommendation: a. Maintain grassland within 5-10m radius of turbine base b. Keep grass below 15cm throughout turbine lifetime c. Purpose: Reduce habitat attractiveness to small mammals, birds, owls, and raptors
6.2 THIRD PARTY REPRESENTATIONS 1. 13 Edremony, Port Erin (7/10/24): o They strongly oppose the wind turbine development, citing concerns about its negative impact on countryside views and the potential for excessive noise pollution in the surrounding areas. o They argue that such a project should be placed offshore rather than disrupting the rural landscape.
Glen Chass, The Level, Colby (9/10/24): They object to the wind turbine development for the following reasons: a. Visual Impact: The turbine will ruin the views, altering the landscape character and obstructing open countryside scenery. b. Wildlife and Habitat Disruption: The area is a place of great natural beauty, and the turbine poses risks to birds, bats, and local wildlife, disrupting sensitive ecosystems. c. Noise Pollution: The noise will be horrendous everywhere in the surrounding areas, disturbing both residents and wildlife in this tranquil rural setting. d. Property Value Concerns: The development may devalue nearby properties, making the area less desirable for residents. e. Planning Policy Conflict: The land is not zoned for large industrial structures, and multiple policies and landscape assessments prohibit such development. f. Community vs. Private Gain: The project prioritizes personal short-term gain over the long-term community view, disregarding the area's conservation needs.
Ard-Ny-Shee, 3 Viking Close, Ballakillowey, Colby (28/11/24): They object to the application on the following grounds: a. Wildlife & Biodiversity Risks: The site is home to protected raptor species, including hen harriers, buzzards, kestrels, and owls, which are highly sensitive to wind turbine installations due to collision risks, habitat disturbance, and displacement. The mist and fog conditions at the site could further increase the risk of bird collisions.
b. Incomplete Wildlife Assessments: The ecological survey did not fully cover the turbine site, and bird data was not sourced from Manx Birdlife, meaning the true scale of risk to birds remains unclear. The absence of recorded sightings does not mean birds are absent, raising concerns about an inadequate environmental evaluation.
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c. Visual Impact on Landscape Character: The turbine would be the tallest structure in the Colby River catchment, standing out against dark hillsides and green fields, ruining countryside views and damaging the unspoiled rural landscape.
d. Noise Pollution & Residential Disturbance: The constant mechanical noise and vibrations from the turbine would impact residents and wildlife, eroding the tranquillity of the area and potentially devaluing nearby properties.
e. Planning Policy Conflicts: The proposal conflicts with zoning regulations, as the site is not designated for large industrial structures. Multiple policies-including Strategic Plan Energy Policy, Environment Policies 1, 2, and 4, and the Southern Upland Landscape Character Assessment-advocate for preserving the open and exposed character of the region.
f. Alternative Renewable Solutions Overlooked: Solar and battery storage could achieve emission reductions without harming wildlife or the landscape. The turbine may generate far more power than the applicant requires, suggesting surplus energy sales rather than purely on- site use, raising questions about whether a smaller turbine or more solar panels would be more appropriate.
g. Cumulative Ecological Impact: The proposed Earystane wind farm could cause significant habitat destruction, potentially displacing birds and bats toward the turbine site, compounding environmental risks. Introducing additional wind infrastructure in the region at this time requires greater caution.
They request further investigation into wildlife risks, landscape impacts, and alternative renewable energy solutions, arguing that the current proposal is inappropriate and potentially harmful.
7.0 ASSESSMENT 7.1 The main issues for consideration in the assessment of this application are: 1. The need for an EIA 2. The need for the wind turbine/principle of the development; 3. The visual impact upon the surrounding area; 4. The potential impact on wildlife and Protected Species from the siting of the wind turbine and the potential for rotor strike. 5. The potential impact on living conditions of nearby residents
7.2 Is an EIA required 7.2.1 EP24 states that where development is likely to have a significant effect on the environment it should be accompanied by and EIA or suitable environmental information in all other cases. Energy Policy 4 requires that installations involving wind require the submission of an EIA. Appendix 5 (A 5.2) indicates under the heading Energy Industry that installations for the harnessing of wind power for energy production will require an EIA.
7.2.2 Para 12.2.8 confirms that applications for domestic wind turbines are unlikely to require an EIA. 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.
7.2.3 Para 7.18.2 confirms that pending the publication of a PPS relating to EIA that current practice within England and Wales will be adopted. At present this is set out in the Town and Country Planning (EIA) Regs 2017.
7.2.4 While not applicable on the Island under the UK regulations wind farms are in Schedule 2 development (if in a sensitive area or to which the thresholds apply for assessing whether
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EIA is required). Part 3(i) of the table relates to installations for the harnessing of wind powers for energy production (wind farms). An EIA is required where more than 2 turbines are proposed or the hub height exceed 15m.
7.2.5 While this clearly in the UK is to differentiate between domestic installations and commercial wind farms. It is not that clearly defined on the IOM however para 12.2.8 confirms that domestic turbines are unlikely to require an EIA and taking into account the provision of EP24 (b) it is considered that suitable environmental information has been provided.
7.3 NEED FOR THE TURBINES AND PRINCIPLE (GP3, EP1, ENP4 & Paragraph 12.2.8) 7.3.1 The consideration of need and principle for the proposed wind turbines must be assessed within the framework of General Policy 3 (GP3) of the Isle of Man Strategic Plan (IOMSP), which strictly limits development in the countryside. The policy permits development only in specific circumstances, including agricultural worker housing, conversion of valuable rural buildings, and projects of overriding national need, renewable energy installations are not explicitly listed as exceptions. The applicants reference 21/01315/B where the Inspector stated that "In light of Tynwald's acknowledgement in 2019 of the global climate change emergency [development associated with renewable energy] seems to me, equates to a consideration of national need." While there are material considerations surrounding this issue (GHG reductions etc. as set out above) it is noted that the relevant parts of the Climate Change Act have not been enacted and as such does not serve to outweigh the policies in the Strategic Plan. It should be noted that the development referred to in the 2021 was for ground mounted solar panels. It is considered that this proposal is not overriding national need in and of itself and that such provision needs the appropriate Island wide consideration rather on an adhoc basis. That being said Energy Policy is clear that such development will be judged against the environmental objectives and policies set out in the Strategic Plan.
7.3.2 The proposed wind turbine is intended to meet the energy needs of Upper Kirkhill Farm, which is located in an isolated hillside position at Ballakillowey, west of the A36 Ballakillowey Road. Although the actual level of generation is not clear from the application, the farmstead includes a new replacement dwelling (currently under construction-See PA23/00308/B, appeal approved by the Minister on 3/11/23) and an Agricultural Barn and Pump House (See PA22/00232/B, appeal approved by the Minister on 1/12/23-Pump House now constructed). The 15kW wind turbine would work alongside 16 solar PV panels installed on the south-east elevation of the new dwelling. Surplus electricity would be stored in a battery, ensuring power is available for the dwelling, barn, and pump house during night-time or low-wind conditions. The solar panels will generate electricity throughout daylight hours, even on overcast days.
7.3.3 A constant electricity supply is essential for the Pump House, which provides water to the dwelling and barn, as the property lies uphill from its connection to the water main. While the property is connected to the mains electricity supply, the combined solar and wind power system would reduce dependency on grid electricity.
7.3.4 The Strategic Plan provides further clarity on the importance of weighing policy compliance against broader environmental priorities. While the turbines fall outside zoned development areas, their renewable energy contributions align with overarching climate action strategies. The balancing of these considerations highlights the tension between the strict requirements of GP3 and the island's strategic need to transition toward sustainable energy solutions. Although the proposal technically fails GP3, EN4 confirms that such proposals will be judged against the environmental objectives and policies in the Strategic Plan. In this instance of particular relevance would be ecology and if any visual impact is acceptable (EP1 and 4).
7.4 VISUAL IMPACT UPON THE SURROUNDING AREA (GP2, EP1, SP4) 7.4.1 In terms of visual impact, the wind turbine would be positioned a significant distance from the public highway, approximately 300 metres away to the south at its closest point. The nearest property to the proposal site is Lower Kirkhill Farm, located 200 metres to the
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southeast, followed by The Views (approximately 360 metres west) and Curlew Cottage (400 metres west). The turbine would be sited between two short, semi-mature trees that are somewhat wind-beaten. The site is on a hillside, making it visible from the road and from distant views across agricultural land to the north-east, rising toward Earystane Plantation.
7.4.2 The comments received regarding the protected nature of the landscape and the turbine's potential impact on the rural, open character of the area, as raised by Arbory and Rushen Parish Commissioners, are noted. Due to its substantial distance from the highway and nearby properties, the vertical-axis design minimizes visual intrusion, making its impact limited. Most viewpoints would be 300 metres or more away, ensuring that any visual impact remains limited. For these reasons, the proposal is considered compliant with Environment Policy 1 and General Policy 2 (c).
7.4.3 Taking into account the landscape characteristic set out above, it is considered that in terms of the wider visual impact there will be some impact in the immediate vicinity. As the turbine it does not break the line of the hill behind it and the wider views will see it in the context of the buildings nearby. It is considered it will redefine only a small proportion of the elements that contribute to landscape character overall, but that it does not adversely affect the wider character as set out in EP1.
7.5 POTENTIAL IMPACT ON WILDLIFE AND PROTECTED SPECIES (EP1, EP 4, EP5, STP 4 & GP2) 7.5.1 The applicant has submitted a Wind Turbine Site Assessment and Advice report (April 2024) by Ecology Vannin, evaluating three potential locations for the turbine. Location 2, situated in unmanaged tall grassland surrounded by semi-improved grassland, is recommended as the preferred site due to lower ecological impact. Vegetation clearance will be required around the turbine base and along the electrical cabling route (approximately 64 metres) connecting the turbine to the dwelling and barn.
7.5.2 The assessment considered Locations 1 and 3, both of which posed greater environmental concerns. Location 1, while closer to existing infrastructure, could increase ground disturbance due to cabling requirements and was assessed as less suitable for minimizing habitat disruption. Location 3 would require clearance of marshy grassland, a threatened habitat on the Isle of Man, making it unsuitable due to its potential ecological impact. As a result, Location 2 was determined to be the most appropriate site to balance renewable energy development with environmental preservation.
7.5.3 Wind turbines pose risks to birds and bats, primarily through collision and barotrauma. A bat survey confirmed low-level use of the area by Common Pipistrelle and Brown Long-eared Bats, with no evidence of roosts. While risks remain, the vertical-axis turbine design minimizes potential harm compared to horizontal-axis models. To further mitigate impact, the proposal includes painting one rotor blade black, applying a textured coating to the turbine shaft, and installing an ultrasonic emitting device. Additionally, reasonable avoidance measures are to be followed to reduce disturbance to Common Lizards, and grassland management around the turbine base, and these would help minimize habitat attractiveness for certain bird species.
7.5.4 Based on the submitted environmental information, the recommended mitigation measures adequately address ecological concerns, ensuring compliance with EP1, EP4, EP5, STP4, and GP2. The proposed turbine site (Location 2) is considered acceptable, minimizing its impact on local bird and bat activity while adhering to policy requirements.
7.6 POTENTIAL IMPACTS ON NEIGHBOURING AMENITY (EP22 & GP2) 7.6.1 Given the distance of the proposed turbine from residential properties, with the closest being Lower Kirkhill Farm on Ballakillowey Road, over 200 metres away, noise from the turbine is not expected to impact surrounding properties. The location plan confirms that the nearest residential property is over 200 metres to the southwest, a distance at which noise impact is
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unlikely to be significant. On this basis, it is judged that the proposal complies with Policies GP2(g) and ENV22(iii) and is acceptable in terms of residential amenity.
7.7 Other Matters: 7.7.1 Connection to Grid The Manx Utilities Authority has provided comments regarding the proposed wind turbines' connection to the electricity grid, citing concerns about existing network limitations and the need for further technical assessment. Specifically, they note that Upper Kirkill Farm has only single-phase electricity and that the network has restricted capacity for additional generation. However, as electricity network capacity and connection processes are not material planning considerations, these technical concerns do not hold weight in determining the application. While the comments provide useful context, they remain outside the scope of the planning decision.
8.0 CONCLUSION 8.1 The inherent tension between restrictive countryside policies under GP3 and the imperative of EP4 to advance renewable energy underscores the need for a balanced approach. While the proposal does not fully conform to GP3, its alignment with EP4 and broader decarbonisation goals weigh in favour of approval. Their careful design and siting to minimize impacts also weigh in favour of the proposal in this instance.
8.2 On balance, the proposal's renewable energy benefits, low-noise design, and adherence to environmental safeguards are considered to outweigh the identified impact to the landscape character and visual amenity of the area. Particularly as this impact could be identified as reversible on decommissioning.
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.
Decision Made: Permitted Date: 30.06.2025
Signed : Presenting Officer
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