DEC Officer Report

Application No.: 20/01270/B Applicant: Mr Robert Currey Proposal: Installation of multiple ground solar panels Site Address: Field 514066 Mill House Old Castletown Road Santon Isle Of Man Planning Officer: Mr Paul Visigah Photo Taken: 25.11.2020 Site Visit: 25.11.2020 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.01.2021 _________________________________________________________________

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. The Solar panels, the support units and stock fencing hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for renewable and alternative energy generation.

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.

• C 3. No external lighting shall be installed. Reason: To provide adequate safeguards for the ecological species existing on the site.

This application has been recommended for approval for the following reason.

Overall, it is concluded that the planning application is in accordance with Environment Policy 22 and Energy Policy 4 of the Isle of Man Strategic Plan 2016, as well as wider Government climate change strategy, having no adverse private or public amenities.

Plans/Drawings/Information; This approval relates to drawing number C/884/10 date stamped and received 30th October 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 site is a parcel of land within field 514066 which is owned by the owners of Mill House, Old Castletown Road, Santon and the land associated with these. The land sits northeast of Mill House and the associated outbuildings and is positioned northwest of the Old Castletown Road with access gate situated on the southwest boundary with access via Mill House. - 1.2 The land rises from southwest to northeast and is situated in between thick lines of trees on the south, west and east boundaries, with the boundary with the abutting highway rising to about 3m along this boundary as the land slopes upward towards the road (the Old Castletown Road). The land is currently open with no trees or plantings situated within the field. - 1.3 The site area is a small piece of land within a larger agricultural field, measuring 12m x 20m and situated at the centre of the field with views facing south west due to the lie of the land.

2.0 THE PROPOSAL - 2.1 Proposed is the installation of multiple ground solar panels within an enclosed site on field 514066 that would be fenced off with stock fencing 1.3m high. Four rows of solar panels will be installed comprising 18 solar arranged together and measuring 2.9m x 9.3m. 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 2.3m high while the base would be 610mm above the ground level. These support units would be drilled into the ground with the front and rear support posts set 1.7m apart. A field gate about 3m wide would provide access to the enclosed area and provide access into the surrounding field and site access. Cable delivering power from the control box (250 x 90x 1200H) within the enclosed area for the solar panels will be connected to the Mill House below ground level.

3.0 PLANNING POLICY - 3.1 The site lies within an area on the Isle of Man (Development Plan) Order 1982 recognised as being 'white land' where there is a presumption against development. The site also falls within an Area of High Landscape or Coastal Value and Scenic Significance. The land areas situated south of the site are classed as an Area of Ecological Importance on the Area Plan for the South Map 1 (Constraints), although no part of the site is within this area. The site is also not within an area of archaeological significance. Given the nature of the application and the location of the site, it is appropriate to consider Paragraph 12.2.8, Environment Policy 22 and Energy Policy 4. - 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 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. 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 (covering an area 240sqm) 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 although the broader site area has been the subject of six previous planning applications none of 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 Department of Infrastructure (DOI) Highways Division who had previously written in to object to the application in a letter dated 16 November 2020 have sent in revised comments in a letter dated 8 January 2021, after receiving additional information from the applicant. The comments:

The additional information confirms that the panels will be fixed and not follow the sun path. This should reduce the risk of glare and glint issues and not cause an issue for highway safety. Accordingly, the proposal is acceptable from the highway viewpoint for no opposition to be raised. Recommendation: DNO.

5.1 There has been no written representation made regarding the current planning application by the Santon Commissioners at the time of writing this report, although they were consulted on 11 November 2020. - 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 2 are particularly relevant where it states that within areas of high landscape value, "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".

6.2 As such, the key issue in this case is whether the proposal has any adverse environmental impact and if so, if the environmental benefit of renewable energy outweighs this.

6.3 When one passes by on the Old Castletown Road (A25), the panels will not be visible due to the raised bank by the roadside and the trees which line the highway. Whilst it is noted that these solar panels would be positioned only about 40m from the Old Castletown Road (A25), they would be completely hidden behind the roadside hedge and trees. It is also considered that the panels would not be visible from the A 5 due to the thick vegetation which covers the land west of the site and the topography of the land by the A5. 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. - 6.4 Based on the foregoing, it is considered that the installation of the proposed solar panels will accord with the general support given to the introduction of renewable and alternative energy sources as set out in the Isle of Man Strategic Plan 2016. Their introduction here is expected to help contribute to the overall operation and energy efficiency of the Mill House and its surrounding outbuildings. In this respect the proposal is considered to comply with paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan. - 6.5 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. From details obtained from the Agricultural Land use capability map for the Isle of Man shows that the land is within an area with capability class 3/4, where both classes are approximately equal; with Class 3 land characteristics comprising land with moderate limitations which restrict the choice of crops and/or demand careful management, while Class 4 are poor quality agricultural land with severe limitations which significantly restrict the range of crops and/or level of yields. This implies that the land is not a high yield agricultural land where impacts of the solar panel installation would bear significant impacts on agricultural production. Besides, the land area to be occupied by the solar panels would be 240sqm which is not considered to be large enough to impact on agricultural activities within the surrounding fields; enabling the development comply with Environment Policy 14. Albeit, a condition should be attached such that should the panels become redundant or are removed, the support units and stock fencing must also be removed and the field returned to its original use.

- 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

• whether there are other persons to those listed above who should be given Interested Person Status

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.

Decision Made : Permitted Committee Meeting Date: 04.02.2021

Signed : P VISIGAH 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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