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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91272/B Applicant : Mrs Kerry Best Proposal : Installation of solar panels on south facing gable end concrete block wall of dwelling and shed roof (retrospective) Site Address : 60 Broogh Wyllin Shore Road Kirk Michael Isle Of Man IM6 1HU

Planning Officer: Lucy Kinrade Photo Taken : 16.01.2025 Site Visit : 16.01.2025 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.02.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. Policies and wider government strategies offer support to the incorporation and use of renewable energies. The proposed shed panels are unobjectionable, and although the side gable panels are visually recognisable and a new feature in an area where there are currently no other side gable solar panels, their installation is not considered to result in any adverse or unacceptable visual harm to the overall dwelling or to detract from the character of the surrounding residential estate area. There are to be no neighbouring amenity impacts, and no harm to views or vistas into or out of the adjacent Glen Wyllin Conservation Area. The application is considered to meet with General Policy 2, Paragraph 12.2.8, Energy Policy 4 and Environment Policies 36 and 42 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the following all date received 11/11/2024: o Applicant Statement o Location Plan o 2412BW-01 - existing plans o 2412BW-02 - proposed plans o Certificate o K2 Report o 8 x site photographs __

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o Kirk Michael Commissioners - no objections

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o Department of Infrastructure - no objections __

Officer’s Report

1.0 THE SITE 1.1 The application relates to 60 Broogh Wyllin an existing detached dwelling sitting within a wider residential estate of similar two storey styled dwellings.

2.0 THE PROPOSAL 2.1 Proposed is the installation of solar panels fixed to the west gable wall of the main house, and the installation of solar panels on the garden shed roof.

3.0 PLANNING HISTORY 3.1 There are no previous application for the site considered materially relevant, but there has been a similar PA for gable PV panels approved at appeal under 20/00533/B.

4.0 PLANNING POLICY 4.1 Local Area Plan - Land use designation - Residential. 4.1.1 The site is not recognised as being at any surface water risk. There are no registered trees and the site is outside of but sits alongside Glen Wyllin Conservation Area.

4.2 The following policies of the Isle of Man Strategic Plan 2016 are considered most relevant: o Strategic Policy 5 - new development make positive contribution o General policy 2 - general development standards including visual and neighbouring amenity and energy consumption o Environment Policy 36 - development adjacent CA and not to impact views into and out of. o Environment Policy 42 - character and identity of locality o Paragraph 12.2.8 - renewable energies o Energy Policy 4 - renewable energy proposal will be judged against environmental objectives and policies.

4.3 The Residential Design Guidance 2021 - local distinctiveness, architectural details and neighbouring amenity.

4.4 Reference any relevant PPS or NPD o None

5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Climate Change Act 2021

5.2 Policy/Strategy/Guidance o Climate Change 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 Department of Infrastructure Highway Services - no highway interest (30/12/2024).

6.2 Kirk Michael Commissioners - no objection (10/02/2025).

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6.3 The following were consulted but not response received at the time of writing the report 10/02/2025: o Manx National Heritage o DEFA Registered Building Officer

7.0 ASSESSMENT 7.1 The site relates to 60 Broogh Wyllin an existing two storey dwelling sitting within a wider estate of similar sized and styled dwellings approved and built early 00's. No. 60 sits on the outer cups of the estate with its west gable running parallel with Shore Road which leads down towards the fish farm and beach. The estate and house also sit above Glen Wyllin campsite which sits in the valley below.

7.2 The proposal comprises two key parts panels to the side gable of the main house, and panels to the shed roof. The assessment of this application will have regard to the inspectors report of 20/00533/B and while assessment has been given to those panels on the shed, the key considerations of this application relate mainly to those panels on the side gable elevation and whether there are any visual impacts on the house itself or on the wider streetscene and area, whether there are any neighbouring amenity impacts, whether there would be any harm to views into or out of the Glen Wyllin Conservation Area and consideration to any conditions for the application.

7.2 Inspector's Report 20/00533/B 7.2.1 The original planning application was for 28 solar panels and the installation of a heat pump and was approved with three conditions, C3 required the entire end gable on which the solar panels were situated to be painted black to match the panels. The application was appealed disputing this condition. The inspector reiterated the proposals were in accordance with the residential land-use zoning and considered to accord with criteria (c); (b); (g) and (n) of Policy GP2. Paragraph 12.2.8 of the IOMSP2016 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'. Policy EP22 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'. Energy Policy 4 states 'Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels."

7.2.2 The principle was accepted but the appellant argued that condition 3 requiring to paint the gable black to match the solar panels was unnecessary and harmful to the character of the house and surrounding area, whereas the Planning Officer contended that it was necessary to mitigate the visual impact of the panels. The Inspector considered the key issue being whether painting the gable black would enhance or harm the overall visual balance and appearance of the house. The inspector acknowledged that painting the wall black could reduce the visibility of the panels, but after reviewing submitted photographs, they shared concern that the entire gable would appear as an obtrusive "black wall." This would obscure the shape of the gable and harm the property's visual amenity as well as detracting from the overall character and appearance of the house and its surroundings. Therefore, concluding that the condition is not necessary and, approval granted without the condition.

7.3 Shed Solar Panels 7.3.1 The panels proposed on the shed roof are of no concern having no visual impact on the shed, house or surrounding area, and not result in any harm to amenity of the neighbours nor impacting any views into or out of the conservation area.

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7.4 Gable Solar Panels - Visual Impact 7.4.1 The principle of the proposal does not conflict with the residential land use designation. While these types of side gable panels are uncommon in this area and not found commonly found elsewhere on the Island, the property lacks any social or historical value warranting its protection, and its more modern design is capable of accommodating such a change without any significant adverse harm. The side gable panels will be visible from the road, but their fixing contained within the parameters of the end gable will not adversely affect the dwelling's overall form, proportion or appearance. While solar panels are usually fixed to roofs, this installation on the side gable would not undermine the overall residential nature of the dwelling, and would not adversely impact the character of the house or wider estate. Therefore, the proposal is considered acceptable and does not warrant refusal in this respect.

7.5 Gable Solar Panels - Neighbouring Amenity impact 7.5.1 The panels are located on the end gable furthest away from the neighbours. Their siting and location is not considered to result in any impact or harm to the amenity of the enjoyment of neighbouring properties and is considered acceptable in this respect.

7.6 Gable Solar Panels - Impact on Adjacent Conservation Area 7.6.1 The character appraisal indicates the CA comprises two keys parts, the hamlet of traditional dwellings on one side of the main road and the campsite and trout farm on the other. Historically there have been a number of uses and buildings within the glen once there was a brewery and some mill buildings but some of these have since disappeared. The railway once ran through the site, some parts of the bridge viaduct still remain. There are a number of buildings within the campsite and fish farm area that are considered poor quality, ugly but fortunately not highly visible. The appraisal recognises vistas within the conservation area and views out. It states that the green and leafy nature results in few panoramic and far reaching vistas, the road leading to Beach Villa provides views over the entire western portion of the glen, this includes the trout farm but the farm 'does nothing to enhance the overall vista'. The steep glen banks precludes views outwards, but from the elevated highway to Beach Villa there are expansive sea views and these areas should be protected. The skyline from the hamlet is punctuated by a dwelling called Aniwa which is considered necessary to include in order to protect this otherwise unspoilt view out of the area.

7.6.2 Within the appraisal it recognises that views to the skyline have already been impacted. On two sites two storey dwellings have already been built far too close to the edge of the glen resulting in the upper floors overlooking the glen and that this could have been avoided if single storey properties built or more sympathetically positioned.

7.6.3 The proposed side gable panels would be fixed to and read in connection with the main house, this is a two storey dwelling that already exists and the proposal does not seek to make the house bigger. The property's elevated position above the steep glen banks is already read amongst the cluster of existing houses and the fixing of panels may be visible from within the glen, but is not considered to make worse or adversely impact views out of the area beyond the existing situation. The proposed panels will not impact views down and into the valley, nor will they impact or obstruct any key vistas or views out to sea. The proposals are too far away to impact on the hamlet on the adjacent side of the main road. The works are considered acceptable in this regard.

7.7 Conditions 7.7.1 Similar to the Inspector for 20/00533/B it is felt that the painting of the gable wall here to match the panels would create an end gable far more visually obtrusive and noticeable within the immediate and surrounding area. The panels currently sit as secondary fixing being an addition to the house, they stop short of the sides and top of the gable and with the original painted wall seen around them. Although permanent in terms of their approval, the panels could be easily removed at any time in the future should any future occupant desire.

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8.0 CONCLUSION 8.1 Policies and wider government strategies offer support to the incorporation and use of renewable energies. The proposed shed panels are unobjectionable. The proposal side gable panels, while being visually recognisable and a new feature in an area where there are currently no other side gable solar panels, the proposal is not considered to result in any adverse or unacceptable visual harm to the existing dwelling or to detract from the character of the surrounding residential estate area, there are to be no neighbouring amenity impacts, and no harm to views or vistas into or out of the adjacent Glen Wyllin Conservation Area. The application is considered to meet with General Policy 2, Paragraph 12.2.8, Energy Policy 4 and Environment Policies 36 and 42 of the Isle of Man Strategic Plan 2016.

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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted

Date: 12.02.2025

Determining Officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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