**Document:** Officer Planning Report **Application:** 09/01312/B — Erection of a free standing wind turbine **Decision:** Refused **Decision Date:** 2009-10-30 **Parish:** Onchan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63780-onchan-ballachashin-farmhouse-abbeylands-free-standing-wind/documents/1386086 --- # Officer Planning Report ### Considerations [Table omitted in markdown export] [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report ## THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises a parcel of land that is located to the west of a property known as Ballacashin in the Abbeylands area of Onchan. The application site consists of open land and contains a derelict former dwelling. The proposed development comprises the erection of a free standing wind turbine within the application site. The planning application is being considered by the Planning Committee due to the number of objections received. ### Planning History There have been a number of previous planning applications related to the application site, three of which are considered specifically material to the assessment of this current planning application: Planning application 02/00986/A sought approval in principle for the conversion and extension of the building contained within the application site to a dwelling. This previous planning application was initially refused on the 10th October 2002. The initial refusal was subsequently reversed by the Planning Committee at review, with the review approval decision notice issued on the 13th February 2003. A subsequent appeal against the approval was dismissed by the Minister, contrary to the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 25th July 2003. This approval, which was originally due to expire on the 25th July 2005, was extended by the Planning Committee for two years and expired on the 25th July 2007. Planning application 05/00998/B sought approval for the conversion and extension of the building contained within the application site to a dwelling. This previous planning application was initially refused on the 5th September 2005. The initial refusal was confirmed by the Planning Committee at review, with the review refusal decision notice issued on the 10th November 2005. A subsequent appeal against the refusal was accepted by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 21st June 2006. This planning application currently expires on the 21st June 2010. Planning application 09/00354/B sought approval for the erection of a free standing wind turbine with the application site. This previous planning application was refused on the 26th June 2009 for the following reason: "Whilst the use of renewable sources of energy is generally supported there is a need to balance their acceptability against their impact. In this instance, by reason of its location and prominence within the area the proposed wind turbine will cause unacceptable harm to the visual and general amenity of the area. As such the proposal is contrary to the presumption against development outside of areas zoned for development and the protection of the countryside set out by General Policy 3, Environment Policy 1 and Energy Policy 4 of the Isle of Man Strategic Plan 2007." ## Representations Onchan District Commissioners recommend that the planning application be refused. They suggest that the planning application contains insufficient information to make a judgement on the impact the turbine could make on visual amenity. The owners and/or occupants of Strenaby Farm object to the planning application. The grounds for their objection can be summarised as concern regarding visual impact, impact on the amenity of the area, and the potential effect of the wind turbine on horses. The owners and/or occupants of Lower Ballacashin object to the planning application. The grounds for their objection can be summarised as concern regarding visual impact and impact on the amenity of the area. They suggest that there are several other ways of incorporating renewable energy without such impact. ### Planning Policy In terms of land use, the application site is located within a wider area of land that is designated as open space under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 (Map No. 2). There are no polices within Planning Circular 1 / 2000, the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of the planning application. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application General Policy 3 state: "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 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." 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 submission of an EIA." ### Assessment The planning application seeks approval for the erection of a free standing wind turbine within the application site. The planning application has been submitted as an attempt to address the refusal of previous planning application 09/00354/B. As with the previous planning application, the site and surrounding area was visited as part of the assessment of the proposed development. As clarified under Appendix 5 of the Isle of Man Strategic Plan 2007 there is no requirement for the submission of an Environmental Impact Assessment as part of the planning application. However, it is reasonable to say that the current planning application includes information below the minimum requirement that seeks to provide additional justification for the proposal. In terms of assessment it is considered that are two primary issues to assess. Firstly, the need for the proposed wind turbine and, secondly, the acceptability of the proposed wind turbine. The real need for the proposed wind turbine is clearly dependent on a habitable dwelling existing within the application site. At present the application site contains a derelict former dwelling and whilst there is extant planning approval under previous planning application 05/00998/B it is evident that the development permitted under that planning approval has not commenced. As long as there is extant planning approval that could result in a habitable dwelling within the application site it would be unreasonable to resist the proposed wind turbine on the grounds of need. If planning approval were granted it is considered appropriate that such approval be subject to a condition restricting the erection of the wind turbine until such time the development permitted by previous planning application 05/00998/B has commenced. In terms of acceptability it is considered that whilst the use of renewable energy sources should be generally supported it is still necessary to balance their acceptability against their impact. In this instance the main consideration is the visual impact of the proposed turbine on the area. Having visited the application site and viewed the site from the surrounding area it is concluded that the proposed wind turbine would be readily visible within the landscape. Indeed the site for wind turbine is elevated by virtue of its valley side position, which consequently increases its visibility within the area. It is not felt that the benefits of renewable energy outweigh the harm of the proposal on the visual and general amenity of the surrounding area and the general presumption against development within such areas. It is recommended that the planning application be refused. ## PARTY STATUS It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: Onchan District Commissioners; The owners and/or occupants of Strenaby Farm; and The owners and/or occupants of Lower Ballacashin. Recommendation Recommended Decision: Refused Date of Recommendation: 19.10.2009 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 R 1. Whilst the use of renewable sources of energy is generally supported there is a need to balance their acceptability against their impact. In this instance, by reason of its location and prominence within the area the proposed wind turbine will cause unacceptable harm to the visual and general amenity of the area. As such the proposal is contrary to the presumption against development outside of areas zoned for development and the protection of the countryside set out by General Policy 3, Environment Policy 1 and Energy Policy 4 of the Isle of Man Strategic Plan 2007. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : ....Respecte. ................................................. Committee Meeting Date : 27/10/09....... Signed : ................................................. Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ## FREY NO 19 October 2009 09/01312/B Page 3 of 3 --- *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/63780-onchan-ballachashin-farmhouse-abbeylands-free-standing-wind/documents/1386086*