Loading document...
==== PAGE 1 ====
24/91394/B
Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91394/B Applicant : Mr Roger Smith Proposal : Erection of ground mounted solar pv array Site Address : Claddagh Farm Sulby Bridge Sulby Isle Of Man IM7 2EZ
Planning Officer: Lucy Kinrade Photo Taken : 08.04.2025 Site Visit : 08.04.2025 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.05.2025 __
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. The panels hereby approved shall be installed in full accordance with the details submitted. The distance from the lane to the nearest side of the array shall be no greater than 27m as indicated on Site Plan 1:500 published 17th April and shall be retained as such thereafter.
Reason: the application has been assessed on this basis in accordance with the drawing submitted and in the interest of the ecosystems and marshy grassland within the area.
C 3. In the event that the solar panels hereby approved are no longer used or required for renewable and alternative energy generation for a period exceeding 12 months, the solar panels and any supporting frames and infrastructure, including any concrete piles and cabling shall be removed and the ground restored to its former condition within 6 months of the date the use ceased.
Reason: The structures have been exceptionally approved solely to meet sustainable energy need and its subsequent retention would result in an unwarranted intrusion in the countryside.
==== PAGE 2 ====
24/91394/B
Page 2 of 8
This application has been recommended for approval for the following reason. Overall the principle of solar panels is considered acceptable as per paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan and aligning with those parts of the Climate Change Act 2021 and Climate Change Action Plan 2022-27 in reducing greenhouse gas emissions. The visual and amenity impact is considered to be acceptable meeting with Environment Policies 1, 2 and 22 and is not to result in any adverse loss of agricultural land nor impact habitats in line with Environment Policies 4 and 14. Conditions will be added to ensure the panels and any ground works and framing are removed in the event they are no longer needed, and that their siting be in full accordance with the submitted plans being 27m from the access lane to the main house to ensure no harm to the marshy grassland.
Plans/Drawings/Information;
This approval relates to the following:
o Location Plan 1:1250 o Location Plan 1:2500 o Site Plan 1:500 o Plan and Section 1:100 o Site Photo
o Site Photos o Utilities Map
o Flood Risk Assessment o Solar Installation Guide o Proposed Solar Array o Solar Datasheets
__
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Lezayre Commissioners - No objection subject to conditions which have been applied o Department of Infrastructure - No objection __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR AN APPROVAL
THE APPLICATION SITE 1.1 The application relates to part of field 135363 associated with Claddagh Farm, Sulby.
THE PROPOSAL 2.1 The current planning application seeks approval for: o Ground mounted solar panels
2.2 Proposed are 34 solar panels in a double height arrangement measuring approx. 17m long. The panels will be sat at an angle and approx. 2.2m high at their tallest. The overall width and ground cover approx. 2.8m wide. The specification and drawings provided indicate
==== PAGE 3 ====
24/91394/B
Page 3 of 8
the panels to be ground mounted framing system and following the submission of further information the panels are to be fixed with concrete anchor piles.
2.3 The cable infrastructure is shown to run through the field to the north and connecting with the main access lane. Distance between the lane and the panels is 27m.
2.4 No other works are proposed as part of this application.
PLANNING HISTORY 3.1 The wider site has been subject to a number of previous applications relating to the main house and to the establishment of a watch makers studio. Approval was recently granted for the erection of stables nearer the main house and watch makers workshop. There have been no specific applications for development on the site of the proposed solar panels.
PLANNING POLICY 4.1 The site is not designated for development in the 1982 Development Plan and sits within an AHLV and within a designated Woodland area. The Sulby River runs to the north along with a high voltage power cable running along the access road. The site is recognised as being at high river and tidal flood risk. Is not in a conservation area. Registered Tree Areas: LZ 13 Reference RA1749 sit towards the south of the site. The soil is recognised as Class 2. The Landscape Character Appraisal positions the sites within Area F5 Sulby River:
4.2 F5 SULBY RIVER Key Characteristics o Lower reaches of the Sulby River corridor (as it flows across the northern plain towards the sea at Ramsey). o River corridor lined with mature deciduous vegetation, creating a sense of enclosure. o Small and medium-scale irregular fields set along both sides of the river channels. o Fields delineated by a combination of mature, low Manx hedgerows and traditional grey stone walls (which also line the main road corridors). o Scattered settlement pattern, along the river course (relatively isolated farmsteads and houses). o Sulby forms main settlement at western edge (marking point at which river emerged from Sulby Glen), and Ramsey to the east (where the river flows out into the sea). o Dramatic views to the typically wooded slopes of the Northern Uplands to the south. o Relatively strong sense of tranquillity throughout most of the character area. Key Views: o Views along the river corridor generally channelled by vegetation which lines the banks of the river. o Dramatic views to the adjacent southern uplands, which provide a wooded backdrop within views southwards o At bridging points, open views from the river corridor may be obtained across adjacent fields which are set back from the line of the river. o Views to and from the urban edges of Ramsey. Landscape Strategy: o The overall strategy should be to conserve and enhance the character, quality and distinctiveness of this rural area with its scattered settlement pattern, relatively strong field pattern, a network of enclosed minor rural roads and its ecologically valuable aquatic and riparian habitats.
4.3 IOM STRATEGIC PLAN POLICY 2016 o Strategic Policy 1 - best and efficient use of sites o General Policy 2 - general Development Control considerations o General Policy 3 - exceptions for development within land not zoned for development, Environment Policy 1 - countryside and its ecology will be protected for its own sake o Environment Policy 2 - protection of AHLV
==== PAGE 4 ====
24/91394/B
Page 4 of 8
o Environment Policy 3 - impact on woodland o Environment Policy 4 - impact on species and habitat o Environment Policies 10 and 13 - flood risk impact o Environment Policy 14 - loss of agricultural land will not be permitted unless there is an overriding need or the land is lower quality o Environment Policy 22 - development will not be permitted if it unacceptably harms the environment or amenity of neighbouring properties o Energy Policy 2 - 9m of land either side of power line to be protected o Paragraph 12.2.8 and Energy Policy 4 - alternative sources of energy will be subject to the policies as set out in the Strategic Plan. Wind, water and tide power will require EIA.
4.4 Reference any relevant PPS or NPD o None
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Climate Change Act 2021 o Flood Risk Management Act
5.2 Policy/Strategy/Guidance o Climate Change Plan 2022-2027
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 highways interest (03/03/2025)
6.2 DEFA Ecosystems - no objection subject to conditions (21/03/2025) - following the submission of further information it was shown that the siting of the panel was on land already disturbed and away from the marshy grassland. Condition for the panels being 27m south of the track as shown in the plans is considered necessary.
6.3 Lezayre Parish Commissioners - no objection subject to conditions (10/04/2025 and 21/03/2025) - sought conditions that the panels to be removed if not longer feasible. They questions the use of the panels alongside the livestock.
6.4 The following were also consulted but no comments received at the time of updating the report 01/05/2025: o DEFA Forestry o Manx Utilities o DOI Highway Drainage o DOI Flood Risk Management o Manx Utilities - drainage o Manx Utilities - electricity
7.0 ASSESSMENT 7.1 The key matters to consider in this case are: o Principle o Visual impact on countryside and AHLV o Impact on agriculture o Impact on trees o Flood Risk Impact o Impact on ecology o Impact on power line
==== PAGE 5 ====
24/91394/B
Page 5 of 8
7.2 Principle 7.2.1 12.2.8 of the Strategic Plan outlines support for proposals to harness renewable energy but that such must balance this against the other principles and environment policies of the Strategic Plan, particularly those relating to preventing harmful development in the Island's countryside.
7.2.2 The site of the proposed solar panels lies in the open countryside where there is a general presumption against development. Installation of renewable energy is not one of the exceptions referred to specifically in General Policy 3. However part (g) of GP3, and Environment Policy 1 do allow for development that may possibly affect the countryside but only when it is recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative.
7.2.3 The Climate Change Act 2021 is a material consideration that post-dates the development plan. Among other things, it specifically requires that the development plan must now take into account the climate change policies established under the Act, which include minimising greenhouse gas emissions, as well as maintaining ecosystems and biodiversity net gain.
7.2.4 In addition, the stated mission of the Island's Climate Change Plan 2022-27, which also post-dates the development plan, is to put the Island on track to reach the interim targets and net zero emissions by 2050, and that carbon neutral energy is an essential part of that journey. On the basis of the above, it is considered that the principle is accepted and that there is some degree of national need arising.
7.2.5 In respect of reasonable or acceptable alternative sites, the applicants flood risk information indicates the levels of the land susceptible to flooding and this possibly dictating position. A further email from the agent elaborated on this with the topography, position and framing system selected in order for minimising any possible flood risk effect, and also the existing topography and landscaping of the proposed site minimising visual impacts to the surrounding area. Visual impact will be addressed later in this report but on the basis of the above the site is considered acceptable in this specific case.
7.3 Visual impact on countryside and AHLV 7.3.1 The proposed array would likely change the character and appearance of this specific part of the field to some degree and noticeable to those visiting the site. However the distance from the main road and established roadside and field boundary treatments helps to provide a visual buffer and minimise impact from prominent public view. Expansive views across the roadside fields when travelling over the bridge are referred to in the landscape character appraisal and should be protected. The distance from the main road, the topography of the fields here and site being at a slightly lower level and behind field boundary vegetation all help to reduce visual impact from the main road, all helping to ensure no interruption to or detraction from the important vistas referred to in the landscape character appraisal. Visual impact is considered acceptable.
7.4 Impact on agriculture 7.4.1 The existing site is recognised as Class 2 quality as is the rest of the remaining fields surrounding the main house and outbuildings here. The size of the array and its ground cover only results in a very small percentage of the overall agricultural field being covered over, although such installation on a framing system would still allow for agricultural use of the field. The application form indicates it will not be fenced off and will remain for agricultural use. The proposal is not considered to have a significant adverse or irreversible effect on agriculture given the small scale, siting and arrangement of the proposed panels.
==== PAGE 6 ====
24/91394/B
Page 6 of 8
7.5 Impact on trees 7.5.1 The application does not include for or indicate the removal of any trees and so there are no concerns in this respect. Following the site visit it was also noted that there were no trees on the site of the proposed panels. A note can be considered to remind the applicant of any potential trenching that they can seek further advice from DEFA Ecosystems or Forestry.
7.6 Flood Risk Impact 7.6.1 The site is located within an area of high flood risk (fluvial and tidal). The application is supported within correspondence between the agent and DOI Flood Risk Management (DOIFRM). These comments set out a number of conditions suggested by DOIFRM relating to the need for the panels to be mounted on a Steel framework so as not to interrupt the flow of any flood waters, works being 9.2m away from the river and any works include of that requiring a Section 20 consent, and if possible the panels placed on higher ground.
7.6.2 The applicants have ignored the higher ground suggestions given by DOIFRM but have proposed the panels well outside of the 9.2m distance and fixed to a steel framework. The proposals in this case are not expected to make worse the flood risk of the area beyond the existing situation and any adverse impact to the structures themselves as a result of any flooding will be a risk the applicant absorbs.
7.7 Impact on Ecosystems 7.7.1 Following the submission of additional information and photographs DEFA Ecosystems confirmed that the site of the panels was already disturbed and dry and that marshy grassland habitat was located further south and lower down in the field. They requested a condition to ensure that the panels were constructed 27m from the access lane to the main house as shown in the plans to safeguard the marshy grassland further down the site, and this is appropriate in this case.
7.8 Impact on power line 7.8.1 Further information has been provided by the applicant to show the utilities and the power line is shown to be outside of 9m from the site and works will not result in any adverse impact on them.
8.0 CONCLUSION 8.1 While not meeting any of the exceptional circumstances listed in GP3, those wider Government Acts and Strategies working towards minimising greenhouse gas emissions and net zero by 2050 weights in favour of the application. Given topography, distance and vegetation there are unlikely to be any views from public perspective or from the main road, and the works are not expected to harm or detract from overall landscape character in this area in line with Environment Policy 1, Environment Policy 2 and Landscape Character Appraisal 2008.
8.2 The siting, size and scale of the panels is to occupy only a small part of the field with areas in and around the panels still available for agriculture and so not considered to undermine or be at odds with Environment Policy 14. The siting of the panels away from the marshy grassland also helps to ensure no adverse impact to any habitat or ecosystems in line with Environment Policy 4.
8.3 Overall the principle of solar panels is considered acceptable as per paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan and aligning with those parts of the Climate Change Act 2021 and Climate Change Action Plan 2022-27 in reducing greenhouse gas emissions. The visual and amenity impact is considered to be acceptable meeting with Environment Policies 1, 2 and 22 and is not to result in any adverse loss of agricultural land nor impact habitats in line with Environment Policies 4 and 14. Conditions will be added to ensure the panels and any ground works and framing are removed in the event they are no longer needed, and that their
==== PAGE 7 ====
24/91394/B
Page 7 of 8
siting be in full accordance with the submitted plans being 27m from the access lane to the main house to ensure no harm to the marshy grassland.
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.
__
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: 19.05.2025
Signed : Presenting Officer
Customer note
This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
==== PAGE 8 ====
24/91394/B
Page 8 of 8
PLANNING COMMITTEE DECISION 19.05.2025
Application No. : 24/91394/B Applicant : Mr Roger Smith Proposal : Erection of ground mounted solar pv array Site Address : Claddagh Farm Sulby Bridge Sulby Isle Of Man IM7 2EZ
Presenting Officer : Lucy Kinrade
Addendum to the Officer’s Report
The officer updated their recommendation to Members to include an amendment to the wording of Condition 3 so as to link the proposed solar panels for the use of the site known as 'Claddagh Farm'. __
Copyright in submitted documents remains with their authors. Request removal