DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Mr Adam Meeuwsen Proposal Installation of 36no. ground level solar panels and 4no. air source heat pumps Site Address Ballanoa Andreas Road Dhoor Ramsey Isle Of Man IM7 4EE Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 04.02.2021

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 external lighting shall be installed on or around the solar panels. Reason: To provide adequate safeguards for the ecological species existing on the site.
• C 3. The solar panels hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for the production of electricity.

Reason: The building has been exceptionally approved solely to meet solar energy and its subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason. It is concluded that the development proposed is acceptable when assessed against the relevant policies and the site context.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 12th December 2020

Interested Person Status

Additional Persons None ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.

1.0 THE SITE - 1.1 The application site is in two parts, the first is a parcel of land Field 134038 and the second part is the curtilage of Ballanoa, Andreas Road, Dhoor, Ramsey which is a two storey detached property within its own grounds. The sites are located to the north eastern side of the Andreas Road and north of Ramsey. - 1.2 Along the roadside boundaries of the site is a significant sod bank (3m+) with significant mature hedgerows/trees. The dwellinghouse and the field in question is completely screened from public views from the Andreas Road.

2.0 THE PROPOSAL - 2.1 Proposed is the installation of a total of 36 solar panels which are split into three separate rows/blocks which when laid out would have an overall total width of 4.8m and a total depth of 14.8m. They are located within Field 134038 to the west of the main dwelling. The solar panels will be placed on support units and will be angled at 30 degrees on frames. The top of the frames would be 2.2m high while the base would be 0.5m above the ground level. - 2.2 Four air source heat pumps are also proposed. These (similar appearance as air conditioning units) would be located to the rear of the main dwelling.

3.0 PLANNING POLICY - 3.1 The application site appears to be within two separate designations, the main dwelling and its curtilage is within and area of "woodland", whereas Field 134038 is land not designated for development both under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor is the site within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 Paragraph 12.2.8 of the Isle of Man Strategic Plan 2016 states, "The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations

1. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one. Accordingly:

3.3 Environment Policy 22 of the Isle of Man Strategic Plan 2016 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

3.4 Energy Policy 4 of the Isle of Man Strategic Plan 2016 states: "Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA".

• 3.4.1 Appendix 5 of the Strategic Plan identifies developments where an EIA is required. It states in part:

• (c) Energy industry

• i. Thermal power stations and other thermal installations
• ii. Surface storage of natural gas
• iii. Underground storage of combustible gases
• iv. Surface storage of fossil fuels
• v. Industrial briquetting of coal and lignite
• vi. Installations for the harnessing of wind power for energy production

• 3.4.2 There is no reference made to the installation of solar panels within appendix 5. The scale is also not considered to be significant enough to warrant an EIA in any case, and the site is not a sensitive site as stated in paragraph 3.1 of this report.

3.5 The Isle of Man Strategic Plan 2016 also contains the following policies that are considered specifically material to the assessment of this current planning application.

• 3.5.1 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

• 3.5.2 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
• 3.5.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
• 3.5.4 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to

• (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and
• (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.

- 4.0 PLANNING HISTORY

4.1 The application site has not been the subject of any previous planning applications which are considered to be specifically material in the assessment of the current application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Lezayre Commissioners have recommended the application be approved (29.01.2021).

5.2 Highway Services comment (11.12.2020): "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking." - 6.0 ASSESSMENT

6.1 The Department is supportive of proposals to harness renewable energy but must balance this against the other principles of the Strategic Plan, particularly those relating to preventing harmful development in the Island's countryside. In this respect, the provisions of Environment Policy 1 are particularly relevant where it states that within such areas development which would adversely affect the countryside will not be permitted.

6.2 From public views no one of the works would be apparent, given the significant boundary features which run along the Andreas Road. The solar panels are also located as close the residential boundary of the main house as possible. Within the site are gardens/trees. Therefore its location has been chosen presumably to be as close to the main dwelling while also having the most solar gain. A report has been prepared by the solar company which outlines what the solar panels could achieve in this location. As such, the position of the solar panels on the field would not spoil the character of the surrounding countryside, thus the development would comply with Environment Policy 1.

6.3 Since the solar panels would be installed on an agricultural field, the agricultural status of the land to which the solar panels would be installed was assessed. It should be noted that generally solar panels of this design do not necessary result in the loss of agricultural use of the land. They are generally designed so that sheep etc. can still be kept on site as the panels are raised of the ground. The proposal does not propose to fence the land accommodating the solar panels off from the majority of the unaffected field. Even if this small section of field was fenced off, in terms of the amount of agricultural land lost, it would be inconsequential. The applicants comment that:

"The field is currently rented out to a local farmer and as such allows for the entire field to remain being utilised for the sheep that are kept there. No additional fencing would need to be erected to corner the panels area off."

6.4 Accordingly, there is not consider to be any loss of agricultural land (Class 2 Agricultural Land use capability map for the Isle of Man) enabling the development comply with Environment Policy 14. - 6.5 The four heat pumps are located to the rear of the main dwelling and also would not be apparent. Further they are a significant distance away from any neighbouring property to cause an issue of noise.

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the development proposed is acceptable when assessed against the relevant policies and the site context. It is recommended that the planning application be approved. - 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 _______________________________________________________________

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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.

Decision Made : …Permitted……….... Committee Meeting Date:…15.02.2021

Signed :………C BALMER………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 15.02.2021

Application No. : 20/01258/B Applicant : Mr Adam Meeuwsen Proposal : Installation of 36no. ground level solar panels and 4no. air source heat

pumps

Site Address : Ballanoa Andreas Road Dhoor Ramsey Isle Of Man IM7 4EE Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report The Planning Committee agreed with the recommendation to approve the application subject to two additional conditions being attached:

• C .4 For the avoidance of doubt no permission is hereby given the increase of the existing residential curtilage of the site.

Reason: In the visual amenities of the countryside and as the application does not seek to increase the residential curtilage of the site and the application has not consider this.

• C .5 No fence or other enclosure of the solar panels may be erected unless otherwise agreed with the Department. Reason: To ensure the continued used of the agricultural land.