**Document:** Case Officer Planning Report **Application:** 11/00623/B — Installation of underground heating pipes in field (Retrospective) **Decision:** Permitted **Decision Date:** 2011-08-02 **Parish:** Maughold **Document Type:** report / officer_report **Source:** https://planningportal.im/a/971-maughold-glen-mona-underground-heating-pipes-retrospective/documents/1248358 --- # Case Officer Planning Report Part 1 The case officer's report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site The application site comprises an area of agricultural land and an adjacent residential dwelling in Glen Mona, Maughold. The agricultural land includes fields 624471 and 624472. The dwelling (Glen Shone) is two storey property, located to the north of the fields. The site is located west of the Main Road (A2) through Glen Mona and south of the residential estate known as Ballagorry Drive. The site is accessed by way of a single track road, to the north of Glen Mona Hotel. The site is located on the side of a hill and the ground level of the site slopes down from west to east. #### The Proposal Proposed is the installation of underground heating pipes in field 624472, south of the dwelling. The purpose of the pipes is to assist heating and hot water for the occupants of Glen Shone. The pipes would service the residential property, but they would be placed in agricultural land beyond the residential curtilage of the dwelling. The development requires trenches to be dug, in which the pipes would be placed. I visited the site on 19.05.11 and at that time, it was obvious that works had already started, as there were open trenches in the field. This was confirmed by the applicant at the time. The works have currently stopped, pending the outcome of this planning application. Also during the site visit, it was noticed that the position of the pipes shown on the drawings was different to the trenches which had been dug. The trenches were closer to the eastern boundary of the site than was shown. This inaccuracy with the drawings was confirmed by the applicant and amended plans were submitted showing the correct position of the pipes. The underground pipes would be located within an area of field 624472, measuring 54 metres long by 10 metres wide. The pipe itself would be a 40mm plastic water pipe. It would be buried in trenches measuring 1 metre deep by 300mm wide. The pipe work would be positioned 1.5 metres apart. After the pipes have been placed in position, it is proposed to infill the trenches and re-seed the land. The base of the trenches will be formed with sand or similar soft bedding up to 100mm. The sub-soil will be back-filled and the top soil will be replaced and seeded with grass. Once the works are complete, there would be no visible alteration to the land. ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this current application: 07/00657/B – Approved at Appeal 20.11.07 Alterations and erection of extensions C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to drawing no.s 07/311/1 and 07/311/2 date stamped the 4th April 2007. C3. There must be no discharge of surface water to the main foul sewer. N1. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures. 08/00592/R – Decision Split at Appeal 02.02.09 a) Excavation to form level area (APPROVED at appeal) and b) temporary parking of caravan (REFUSED at appeal) C.1 The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to Drawing Nos G/24/1, G/24/2 and G/24/3 date stamped the 25th March 2008., except in so far as there is indicated the temporary parking of a caravan. R.1 The location of a caravan outside of the residential curtilage would cause significant harm to visual and residential amenity and be contrary to the objectives of General Policy 3 and Environment Policy 1 of the Strategic Plan. 08/01095/B – Approved at Appeal 02.02.09 Alterations and extensions (comprising amendments to the development approved under 07/00657/B) C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to drawing no.s 07/311/1A and 07/311/2B date stamped the 30th May 2008. C3. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority prior to the commencement of works. C4. No approval is granted by this planning approval for the creation of an area of hardstanding on field 624472, within the land defined in blue, as shown on drawing no. 07/311/1(A) date stamped the 30th May 2008. 10/00677/B – Refused 03.09.10 Erection of six wind turbines R1. The level of noise generated by the erection of six wind turbines as proposed would result in an unacceptable impact upon the residential amenities of the nearby properties contrary to Environmental Policy 22 of the Isle of Man Strategic Plan. ### Development Plan Policies The application site is located within an area designated as "White Land" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but it is within an area zoned as High Landscape or Coastal Value and Scenic Significance. Due to the location of the site and the nature of the proposal, the following planning policies from the Isle of Man Strategic Plan 2007 are relevant for consideration: #### General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: - (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); - (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land 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; - (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; - (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and - (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." #### Environment Policy 2: "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." #### Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted" Energy Policy 4: "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." ### Consultations Maughold Parish Commissioners have commented on the planning application. - They question the proximity of the development to the adjacent field and whether a different location would minimise the risk of disruption to the neighbouring agricultural land. - They state that it should be the responsibility of the applicant to prove that the works will not compromise drainage to the property below the application site. - They request that an expert on agricultural drainage from the government should visit the site and assesses the impact of the development. - They request that prior to approval by the planning authority, Building Control must ensure that the pipes and equipment have been installed correctly. - They state that in principle they are supportive of the installation of ground source heating and note that the Planning Authority is currently formulating new policy and guidelines in regard to such systems. ### Representations A law firm, Callin Wild, object to the proposal on behalf of the owner-occupiers of Glen Mona Cottage, which is the property and land directly downhill, or east of the application site. - The objector's own the field downhill of the site and their main reason for objection is due to the significant damage the proposed works have and will continue to have on their property through flooding. - They state that the works were commenced prior to Christmas 2010, several months prior to the planning application being submitted. - They request that in the event of planning permission being granted, careful attention should be given to the exact site for the works and there should be a condition to restore the disturbed lands (outside of the approval). - The objector's have dug drainage trenches in the past to counter the historic drainage problems with their land. They state that no flooding had occurred near to the boundary with the applicant's land prior to the current works being undertaken. - They suggest that no approval should be granted unless the applicant can provide expert evidence to show that the water table has been investigated and the works would not affect drainage to their land. - They request that if planning permission is granted, the works should be sited at the highest possible altitude on the applicant's land, to minimise potential drainage issues. ### Assessment As was stated above, the relevant planning policies for the assessment of this planning application are General Policy 3, Environment Policy 2, Environment Policy 13 and Energy Policy 4. Whilst the installation of underground heating pipes does not comply with the exception criteria for acceptable development in the countryside listed in General Policy 3, the Strategic Plan does seek to support alternative forms of energy generation, subject to other environmental criteria. Consequently the main issues for consideration include the impact on the visual appearance of the countryside and the impact on neighbouring properties. In terms of the visual impact upon the countryside, this area is designated as an Area of High Landscape or Coastal Value and Scenic Significance (AHLCVSS). The purpose of Environment Policy 2 is to ensure that AHLCVSS are protected from development which would harm the character and quality of the landscape, unless the location for the development is essential. The development now proposed does not seek to change the appearance of the agricultural field. On completion of the works, the trenches will be in-filled and the land levelled and re-seeded. It is therefore considered that the development would have a neutral impact on the character of the landscape and therefore there are no visual concerns. In terms of the impact on neighbouring properties, concern has been raised by the owners of the property downhill of the application site and from Maughold Commissioners that the development would adversely affect their property in terms of flooding. The purpose of Environment Policy 13 is to ensure that development does not result in an unacceptable risk from flooding, either on or off-site. The issue of drainage to the neighbouring property was also raised in previous planning applications to alter and extend the property (07/00657/B, 08/00592/R and 08/01095/B). In these previous applications, the Drainage Division of the then Department of Transport indicated that those developments were acceptable in terms of drainage. I contacted the Drainage Division of the Isle of Man Water and Sewerage Authority with regard to this current planning application. They have not formally responded to this application, as they have viewed the proposal and resolved that it is not a land drainage issue because it does not affect the public system, it does not alter the soil structure and it does not use soakaways. I also consulted the Building Control section of the Planning and Building Control Division of the Department of Infrastructure. They confirmed that the site has a history and all previously approved building works have received building regulations approval. All surface water from the site discharges into a water course and not into a soakaway, as the ground is not suitable for this purpose. They state that the current proposal should not affect the land drainage system, as the trenches will be fully backfilled. With regard to the concerns that the trenches are causing flooding to the lower land, the Senior Building Control Officer visited the site and concluded that there is no evidence that this is the cause. The land is made of stoney clay which does not absorb water easily, so it therefore tends to lay in the first 250mm top soil and once this is full it runs off the land surface to lower grounds. Following the above consultation with Building Control, I am satisfied that the proposed works would be acceptable in terms of the affect on the land drainage system. Building Regulations are separate from Planning Permission and the installation of the pipes and infilling of the trenches is subject to Building Control. It has been suggested by the objectors and Maughold Commissioners that an alternative location could be found for the trenches, further away from the adjacent property. Following the above consultation with Building Control, I do not think it would be necessary to pursue this suggestion. It has also been suggested that if planning permission is granted, there should be a condition to ensure the disturbed works are made good. Drawing number 4 shows that it is intended to infill the trenches and re-seed the land. However, a condition would ensure that any disturbed surrounding land is also made good. It is hoped that this will help alleviate issues concerning the owners of the adjacent property. ### Recommendation For the above reasons, this proposal is considered to be acceptable and is recommended for approval, subject to conditions. ### Party Status It is considered that the following parties, who submitted comments, should be afforded interested party status: Maughold Parish Commissioners. The owner occupiers of Glen Mona Cottage own and reside in land or buildings which physically adjoin the application site, so they should be afforded interested party status in this instance. ## Recommendation Recommended Decision: Permitted Date of Recommendation: 27.07.2011 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals C 1. This approval relates to the installation of heating pipes in field; as shown in drawing numbers 1 Rev. A, 2 Rev. A and 3 Rev. A, date stamped 9 June 2011, in addition to drawing number 4, date stamped 3 May 2011. C 2. Following the completion of the works, all land within the site disturbed by this development must be returned to its previous form, including levelling and re-seeding where necessary. N 1. The applicant is advised that the proposed works are also subject to Building Regulations approval, which is a separate area of control to Planning. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. Decision Made: Permitted Date: ... Signed: ... Michael Gallagher Director of Planning and Building Control Delete as appropriate Signed: ... Jennifer Chance Development Control Manager --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/971-maughold-glen-mona-underground-heating-pipes-retrospective/documents/1248358*