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22/01231/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01231/B Applicant : Mr Andrew & Mrs Shelley Langan-Newton Proposal : Installation of ground mounted solar array (retrospective) Site Address : 2 Lhargan Port St Mary Isle Of Man IM9 5AR
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.10.2022 __
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. The proposed installation would be in accordance with General Policy 2 of the Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to drawings and information received on 20 September 2022, referenced; __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of an existing dwelling No.2 Lhargan, situated on the western side of highway towards the southern end. The property is a mid-terraced two storey dwelling with traditional fenestration proportions and off road parking to the south.
1.2 The rear gardens are large (approx. 30m in depth) by comparison to the foot print of the dwelling and extend upwards to the west in a terraced format resulting in a higher ground level than the dwelling. To the west of the curtilage are agricultural fields.
2.0 THE PROPOSAL
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2.1 Proposed is the (retrospective) installation of; 4.4KWp - ground mounted solar array, that measurers a area of 4.2m x 5.3 consisting of 12No. panels where each panel measurers 1.7m x 1.0m and conjoined together. The panels are installed to the North West corner of the rear garden on a metal tubular frame facing due south on an angle with the highest part at the northern end.
2.2 The applicants have provided a planning statement highlighting the benefits of solar to their property, the chosen location of the solar array to maximise solar gain, environmental objectives and the wider benefits to the environment.
2.3 The application is essentially marginally higher (at the northern end) than the criteria of; "higher than 2 meters above ground level" as set out in Class 22 for Solar Panels and seeks to regularise the 'development'.
3.0 PLANNING POLICY 3.1 The application site is within an area zoned as "Residential" on the Area Plan for the South 2013. It is also identified within the Proposed Conservation Area of Port St Mary 2009. The site is not within a flood risk area nor are there any registered trees affected by the proposal.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
o General Policy 2 (GP2) (in part b,c,g,n) o Environment Policy 35 - preservation of development within conservation (and proposed) areas o Energy Policy 4 - support development including alternative sources of energy
OTHER MATERIAL CONSIDERATIONS 3.3 Residential Design Guide 2021 This document provides general advice on residential development, including sustainable development and climate change resilience, design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
3.4 Permitted Development Order 2012 - Class 22 Solar Panels (Stand Alone) allows for the installation to a property. However, in this case as the property within a proposed Conservation Area and higher than 2 meters, technically does not benefit from permitted development.
3.5 Isle Of Man Future Energy Scenarios (2020), in which the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following: "Key Targets - To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050."
3.6 Climate Change Act 2021 - sets out the legal requirement; "to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes".
3.7 Climate change plan 2022-2027 - Statutory document for climate change which seeks to reduce greenhouse gasses across the Island to become a carbon neutral Island by 2050 and meet interim targets of a 35% reduction in emissions by 2030 and 45% by 2035 and is expected to affect various economic, social and environmental factors.
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4.0 PLANNING HISTORY 4.1 19/01411/B - Installation of a heat pump to replace boiler to rear elevation. Approved.
5.0 REPRESENTATIONS 5.1 Port St Mary Commissioners had not commented at the time of writing.
5.2 Highways Services (13.10.22) do not object
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) Principle
(ii) Visual Impact (iii) Neighbours impact
Principle 6.1 The general principle of installing renewable technologies in this case a solar array to the back garden would accord with GP2(n) in respect of non-renewable energy consumption and would have the potential to create enough solar gain to help provide a substantial amount of renewable energy for the property.
6.2 The Installation within the residential curtilage is allowable under PDO with certain criteria and is generally supported as noted in the Strategic Plan at Paragraph 12.2.8 and Energy Policy 4 and is further echoed within the latest Government strategies for carbon neutrality.
Visual Impact 6.3 In terms of siting, the solar array is modest in size and is placed at the furthest point away from the highway (front elevation) and optimal for solar gain which still leaves a respectable amount of gardens area for private amenity. Whilst sited in an elevated position, there would be no apparent views of the array from any public vantage point or highway and would not be considered detrimental to the proposed conservation area or Streetscene. In this respect the proposal would accord with GP2(b,c,g) and EP35.
Neighbours Impact 6.4 With regard to any neighbouring impact, the level and scale of development proposed here, especially being at distance from the neighbours are considered to be relatively modest and not judged to cause harm to the enjoyment of those adjoining properties or considered to harm their neighbouring amenity, specifically those either side.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the installation of a solar array would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval.
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;
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(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 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.
Decision Made : Permitted
Date: 01.11.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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