**Document:** Officer Planning Report **Application:** 09/01733/R — Installation of solar panels **Decision:** Refused **Decision Date:** 2009-12-21 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64013-braddan-24-derby-square-solar-panels/documents/1389814 --- # Officer Planning Report **Application No.:** 09/01733/R **Applicant:** Mr Steven Anderson Hodgkins **Proposal:** Installation of solar panels **Site Address:** Derby Square Douglas Isle Of Man IM1 3LS ### Considerations Case Officer : Mr Gary Barr **Photo Taken:** 08.12.2009 **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee: Highways Division Notes : Consultee : Douglas Corporation Notes: No objection ### Officer's Report ### The Site The application site represents the residential curtilage of 24 Derby Square which is an existing terrace dwelling situated at the south eastern corner of the Square which leads off Broadway and Derby Road in Douglas. This relatively large townhouse, comprises a three storey pitched roof dwelling. ### The Proposal This retrospective planning application is seeking approval for the installation of two solar panels. The proposal sits at an angle on top of the roof, facing south and measures in total. ### Planning Status The application site is located within the Windsor Road Conservation Area in Douglas which is zoned as an area of "Residential Use" under the Douglas Central Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, Environment Policy 35 is considered relevant to this proposal and states; "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development". General Policy 2 is also considered relevant and states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption." 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". ## PLANNING HISTORY Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically relevant to the assessment of the current planning application. REPRESENTATIONS The Department of Transport Highways Division have not commented on the proposal. Douglas Corporation has no objection with the proposed development. ASSESSMENT / RECOMMENDATION Whilst the planning application is made retrospectively, this should neither advantage nor disadvantage any assessment. Longstanding practice has established that the planning application should be assessed solely in terms of its planning merits as if the development had not been commenced. After a visit to the site, it was clear that the solar panels are inappropriately sited and detracts from the appearance of the property and the locality. Their scale and siting above the ridge line of the dwelling, further exacerbates the situation and gives the appearance of incongruous, prominent structures when viewed from the public thoroughfare. The Planning Authority feels that the street is worth preserving and that the proposed application fails to respect the property and the locality in 16 December 2009 this instance. As such, the proposal adversely affects the character of the locality and the appearance of the conservation area. It is encouraged in the Isle of Man Strategic Plan 2007 to minimise environmental pollution to air, water and land and with this proposal the best practice to reduce energy consumption is being made. But having said this, it is judged that the proposed development would be contrary to Environment Policy 35 and General Policy 2 (parts b, c and g) of Isle of Man Strategic Plan 2007 and it is recommended that this planning application should be refused. #### Enforcement Given that the application is retrospective, a determination needs to be made as to whether enforcement action should be taken. I would recommend that in this instance the solar panels do give rise to harm and should be removed prior to February 28th 2010, otherwise formal enforcement action may be considered. #### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - The Department of Transport Highways Division - Douglas Corporation #### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 09.12.2009 #### 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. The development is contrary to Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2007 by reason of its scale and siting. The proposal fails to preserve or enhance the character or appearance of the area, but introduces an incongruous addition to the dwelling to the detriment of the visual amenities of the locality. 16 December 2009 I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer **Decision Made:** Refused **Date:** ............................................................................................................................................................... **Signed:** ............................................................................................................................................................... Senior Planning Officer --- *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/64013-braddan-24-derby-square-solar-panels/documents/1389814*