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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 23/01367/B Applicant : Matthew And Lynda Ingham Proposal : Erection of domestic wind turbine Site Address : The Nab Top Road Crosby Isle Of Man IM4 4HL
Planning Officer: Hamish Laird Photo Taken : 02.08.2024 Site Visit : 02.08.2024 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. The development, hereby permitted, shall be undertaken in line with the Reasonable Avoidance Measures for Common Lizard contained in Appendix II of Ecology Vannin's Advice Note: 'Wind Turbine Site Assessment and Advice, dated June 2024.'
Reason: To protect and enhance the habitat of the Common Lizard on and around the site.
C 3. Within 12 months of the point where the wind turbine permanently ceases to produce electricity, the wind turbine and its ancillary equipment and infrastructure shall be removed, and the land restored, in accordance with a decommissioning and site restoration scheme which shall first submitted to, and approved in writing by, the Department. The scheme shall be implemented in accordance with the approved details.
Reason: To protect the visual amenities of the area.
This application has been recommended for approval for the following reason. The environmental benefits of the proposed scheme outweigh the limited identified harm to the countryside and as such the proposed wind turbine would comply with the Energy Policy 4 and Environment Policy 2. In addition the proposed wind turbine is not considered to unduly harm the residential amenity of the occupants of the nearby dwellings.
Plans/Drawings/Information;
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The development, hereby permitted, shall be carried out in Accordance with the following approved plans and details:
Drawing No. 11 - Site Location Plan showing the site edged red @ scale 1:2,500 - date- stamped received on 17th September, 2024; Drawing No. 10 - Block Plan showing the site of the proposed domestic wind turbine - date- stamped received on 20th September, 2024; Wind Turbine Dimensions sheet; Wind Turbine Dimensions Plan View; 3D View; and, Elevations; The Nab Farm - Advice Note: Wind Turbine Site Assessment and Advice dated June 2024, by Ecology Vannin Consultancy Services received 30th August 2024;
All date stamped received 13 November, 2023, unless otherwise indicated. __
Interested Person Status
None. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED THAT THE DEVELOPMENT IS CONTRARY TO THE DEVELOPMENT PLAN AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT
1.0 THE SITE 1.1 The application site represents the north-west corner of a field located to the north of the dwelling The Nab, at Nab Farm which is presently used for the storage of agricultural machinery. The field is accessed via a track which runs north from the A23 past the farm and farm buildings, and is located on the opposite side of the track to the east of a large livestock shed. The Field is located in the open countryside approx. 200m north of the A23; and, 800m north of the settlement boundary for Glen Vine. It is screened on its northern side by a bank/hedgerow containing mature trees and to the north-west by a group of mature trees, as well as the farm building.
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 farmhouse and outbuildings on the landholding. The design for the turbine is proposed to employ a vertical axis turbine mounted on a pole to a maximum height of 11.0m above existing ground level. The 5 blade vertical rotor would measure 6.0m in height, and 4.0m in diameter. It would be fixed onto the pole at a height of 6.7m above ground, resulting in a 4.3m height of the rotor projecting above the pole. 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 was augmented with 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.
2.3 It advises (in part) at Section 5: "5.5 Wind turbines are known to have the ability to harm to birds and bats due to collisions with rotor blades, with the additional risk of barotrauma (injuries and mortality from sudden changes in air pressure around rotor blades). A widespread species that has not been recorded
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but is likely present in the area is Common Pipistrelle (Pipistrellus pipistrellus). This species is relatively fast flying hawking species known to regularly forage with a 2-10m above ground level range and have been observed investigating new landscape structures including wind turbines. This presents a potential risk to individuals foraging and commuting in the area. It should be considered that an H type wind turbine is proposed in this instance which differs from the typical wind turbine design as it uses a cantilevered rotor design (see appendix VI). Whilst this design still presents a potential risk to harm, this risk will be reduced by its slower rotation speed (at the rotor tips) and is less likely to cause barotrauma events. Further, its 3D design and its horizontal rotation makes it more visible/detectable to birds and echolocating bats.
5.6 Reasonable methods to prevent rotor strikes should be employed where possible. This could include painting one rotor blade black and/or a textured coating on the turbine shaft. Further, attaching an ultrasonic emitting device may assist to deter bats from the immediate area of the turbine. These techniques have been shown to be effective at increasing visibility of turbines to bats and birds ultimately reducing incidence of rotor strikes.
5.7 We ultimately recommend the northernmost area within the redline boundary would be a suitable location for a wind turbine to be erected (photographs in Appendix I). The exact position should attempt to avoid any areas of existing grassland if possible and lie at least 15m away from the line of pine trees to the south. Therefore, the existing gravel around the northernmost area (within the redline boundary) would be the location of highest recommendation for the wind turbine. This location would reduce disturbance to existing grassland and provide an open buffer between the turbine and trees which is a potential flight corridor for bats and birds."
5.8 On 17th September, 2024, the site location plan was superseded by Drawing No. 4; and the previous Block Plan was superseded by Drawing No. 10. These amendments were submitted at the request of the Ecosystems Policy Team on the back of Ecology Vannin's recommendation "that the turbine be located on the area of existing gravel in the northernmost area of the site, in order to reduce disturbance to the existing grassland and provide an open buffer between the turbine and trees."
3.00 RELEVANT SITE HISTORY 3.1 The site has a history elated to agriculture and also introduced Equestrian uses and facilities in the 1990's and early 2000's. A barn conversion was approved to additional residential accommodation was approved, along with a pair of field shelters; an access road; and a sun lounge extension to the main dwelling. The main planning permission affecting the site are:
3.2 PA 99/01903/B - Erection of an Agricultural Building. Permitted 20/3/00. 3.3 PA 10/00059/B - Erection of building to provide indoor manège, stables and tack room - Approved at Appeal - 8/12/2010. 3.4 PA 04/02559/B - Amendments to approved conversion to existing barn to additional living accommodation (00/01224). Permitted 21/4/2005.
4.0 PLANNING POLICY 4.1 The application site is not within an area designated for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
4.2 Under the Landscape Character Assessment the site falls within C3 Union Mills, Glen Vine and Crosby. The key characteristics are listed as: o A well treed and settled rural valley with a strong sense of enclosure along the River Dhoo valley floor near the roads and the river.
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o Wide flat bottomed river valley with historic terraces on the more undulating northern valley side. o Settled character with the three notable settlements of Union Mills, Glen Vine and Crosby. o Lush riparian vegetation and deciduous woodland surrounds the River Dhoo and relatively steep and pronounced southern valley side. o Deeply cut and densely wooded valleys of River Glass and River Dhoo. o Mixed field pattern of predominantly rectilinear fields in a variety of sizes along the flatter valley floor becomes more elongated and rectangular fields of rough pasture on the lower slopes of the northern upland. o Sense of tranquillity on the upper areas of the slopes. o Presence of Manx Milestones.
Ecological Features are listed as: o Farmland grassland habitats. o Mature network of hedgerows containing deciduous trees in field boundaries. o Aquatic and waterside habitats along river courses. o Fragmented woodland along the valley bottom. o Marginal heathland habitats along the upland periphery. o Wild Bird Sanctuary (Renscault and Ballachrink). o Area of Special Scientific Interest at Eary Vane
An 'Evaluation of Inherent Landscape Sensitivities' lists the following: o A well treed valley with a strong sense of enclosure. o Lush riparian vegetation and deciduous woodland along valley bottom. o Sense of tranquillity on the upper areas of the slopes. o Presence of Manx Milestones.
The overall Landscape Strategy is stated as: "The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the well-treed valley with some scattered and nucleated settlements."
4.3 The Isle of Man Strategic Plan 2016 contains advice on the installation of renewable energy facilities as follows: Paragraph 12.2.8: "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."
4.4 In the strategic Plan 2016, the following Policies are of relevance:
General Policy 2 indicates that: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
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(i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
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."
Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
Energy Policy 4 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 submissions of an Environmental Impact Assessment."
4.4 Environment Policy 24: "Development which is likely to have a significant effect on the environment will be required: i) to be accompanied by an Environmental Impact Assessment in certain cases; and ii) to be accompanied by suitable supporting environmental information in all other cases."
4.5 Appendix 5 sets out further information and lists developments which will automatically require an Environmental Impact Assessment, including: (c) Energy industry o Thermal power stations and other thermal installations o Surface storage of natural gas o Underground storage of combustible gases o Surface storage of fossil fuels o Industrial briquetting of coal and lignite o Installations for the harnessing of wind power for energy production
4.6 The means of assessing the impacts (good and bad) of a proposed development on the environment, prepared by, or on behalf of, the developer/applicant. An EIA should aim to ensure that the planning decision is made in the knowledge of all the likely environmental effects of the development, and of the proposals for mitigating adverse effects and enhancing positive effects.
4.7 Transport Policies T4 and T7 relating to access to the site from the road network; and, on- site parking and turning provision, are of relevance. Transport Policy T10 relates to the location
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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.
4.8 The application site is located within an area identified as being "White Land" by the 1982 Development Order and as such represents the open countryside. Within the adopted Isle of Man Strategic Plan, the following is considered relevant in the assessment and determination of this application:
Paragraph 12.2.8, which states:
"The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts...On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site."
5.0 REPRESENTATIONS 5.1 The Department of Transport Highways Division (12/12/23) advises; "23/01367/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking."
5.2 Malew Parish Commissioners (21/12/23) raises 'NO OBJECTION' to this application.
5.3 DEFA Ecosystems Policy Team (21/12/23) comments: "RE: PA 23/01367/B - Erection of a domestic wind turbine, The Nab, Top Road, Crosby - The Ecosystem Policy Team are concerned about the potential impact of the proposed domestic wind turbine on wildlife, particularly bats and birds.
Badly positioned turbines could lead to the direct mortality of bats and birds, damage to commuting and foraging habitat, displacement of populations and loss or damage of roosts or nest sites and so negative impacts need to be fully assessed and taken into account within the decision making process, and mitigation measures put in place to avoid impacts, as a priority, or minimise impacts.
Unfortunately there is limited literature on the impacts of micro-wind energy schemes on bats and birds and appropriate levels of survey effort, however, what is clear is that potential impacts need to be considered and survey effort determined on a case by case basis, proportionate to the scale of the project and potential impacts (Planning Guidance: Small Wind
A precautionary approach is also recommended for free standing micro-turbines and they should not be located within 50m of a known bat roost, on buildings where bats are frequently observed, or on known bat flyways. At the very least for this site, it is likely we would likely need to see the turbine repositioned to keep it away from trees, boundary hedges and banks which are key habitat features for bats and birds, and away from any buildings used by bats or birds for foraging, roosting or nesting.
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In order to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, The Ecosystem Policy Team therefore request that prior to determination of this application preliminary assessments for bats and birds are undertaken on the site by a suitably qualified ecological consultancy and reports detailing the findings submitted to Planning.
The employed ecological consultancy will need to be define what further assessment is required based on a desk study and walk over assessment of the site. Further assessment is likely to include activity surveys and roost surveys."
5.4 Subsequent to the receipt of the Advice Note from Ecology Vannin Consultancy Services relating to a 'Wind Turbine Site Assessment and Advice' dated June, 2024. The Ecosystems Policy Team (3/9/24) comments:
"The Ecosystem Policy Team can confirm that Ecology Vannin's Advice Note: Wind Turbine Site Assessment and Advice, dated June 2024, is all in order and that a suitable level of assessment has been undertaken.
Ecology Vannin recommend that the turbine be located on the area of existing gravel in the northernmost area of the site, in order to reduce disturbance to the existing grassland and provide an open buffer between the turbine and trees.
If this is different to the currently proposed location then we recommended that an updated site plan showing the reposition turbine is provided to Planning prior to determination of the application.
We also request that a condition is secured for the development to be undertaken in line with the Reasonable Avoidance Measures for Common Lizard contained in Appendix II of Ecology Vannin's Advice Note: Wind Turbine Site Assessment and Advice, dated June 2024."
5.5 No third party representations had been received by the Report drafting stage (4/9/24).
6.0 ASSESSMENT 6.1 The main issues for consideration in the assessment of this application is the visual impact upon the surrounding area; and, the potential impact on wildlife and Protected Species from the siting of the wind turbine and the potential for rotor strike. Given the distance of the proposed turbine from any residential properties, it is not considered that any noise generated by the turbine would have an adverse impact upon the amenity of surrounding properties.
6.2 In terms of visual impact, the turbine would be positioned a significant distance from the public highway, which is approximately 550 metres away at its closest point. The nearest property to the proposal site is "Coan Reayrt" located some 200 metres to the south-west of the proposal site; and, 1 and 2 Nab Cottages, Top Road some 400m to the south west. The tree cluster around the site and presence of farm buildings close-by to the west on the applicants land provide some backdrop helping to disguise the structure. The turbine would only really be visible from the east from points on the farm track leading from Top Road to Ballalough Farm where the farm dwelling is located approx. 1.0km to the north of the site. It is not readily visible from the highway 'Top Road'. It is considered that the substantial distance of the proposed turbine which is to be a vertical rotor turbine with the blades spinning round on a vertical axis as opposed to a horizontal rotor wind turbine - akin to a windmill - from both the highway and residential properties is sufficient to effectively mitigate any visual impact to an acceptable level. The majority of views would be from a substantial distance and therefore the visual impact would be limited. It is also noted the overall height of the proposed wind turbine would be no higher than the adjacent agricultural building. For this reason it is considered the proposal would comply with Environment Policy 2.
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6.3 Regard also needs to be taken to ensure no significant adverse impacts through adverse noise levels to neighbouring residential properties, which can be created with wind turbines. As can be seen from the submitted location plan the nearest neighbouring residential property is approximately 200 metres away to the south-west of the application site, and therefore, it is considered that the proposal would not have an adverse impact upon residential amenity to this or any other nearby dwelling and consequently the proposal accords with Policies GP2 g) and ENV Policy 22 iii), and is acceptable.
6.3 Following consultations with the Ecosystems Policy Team, the applicant has submitted a Note entitled 'Wind Turbine Site Assessment and Advice, dated June 2024'. The Ecosystems Policy Team has assessed its content and raised no objections subject to an updated site plan being submitted showing the repositioning of the turbine prior to determination of the application; and, that a condition is secured for the development to be undertaken in line with the Reasonable Avoidance Measures for Common Lizard. It is considered that these are reasonable and in the case of the Reasonable Avoidance Measures for the Common Lizard, can be conditioned.
6.4 The site location plan was revised and superseded by Drawing No. 4; and the previous Block Plan was revised and superseded by Drawing No. 10. These amendments, submitted at the request of the Ecosystems Policy Team on the back of Ecology Vannin's recommendation, to minimise the impact of the turbine by siting it on the area of existing gravel in the northernmost area of the site, to reduce disturbance to the existing grassland and to provide an open buffer between the turbine and trees, is acceptable. The application should be approved.
7.00 RECOMMENDATION 7.1 It is recommended that the application be approved subject to conditions.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
8.3 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 Interested Person Status.
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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
Committee Meeting Date: 14.10.2024
Signed : H LAIRD 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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