**Document:** Planning Officer Report 08/01732/B **Application:** 08/01732/B — Erection of a wind turbine and tower **Decision:** Permitted **Decision Date:** 2009-07-28 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86330-lonan-ganders-baldhoon-road-wind-turbine-tower/documents/1558593 --- # Planning Officer Report 08/01732/B ### 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 the residential curtilage of a detached dwelling that is located on the southern side of Baldhoon Road in Lonan. The proposed development comprises the erection of a wind turbine and associated tower within the application site. #### Planning History Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application. #### Representations Lonan Parish Commissioners recommend that the planning application be approved. The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division express an interest in the planning application. They highlight the potential presence of bats within the area and recommend a bat survey is undertaken prior to assessment. The owners and/or occupants of Ballacosney House, which is located approximately 210 metres north west of the site of the proposed wind turbine, object to the planning application. The grounds for their objection can be summarised as concern regarding the visual impact of the proposed wind turbine and potential noise nuisance arising from its operation. They suggest that the wind turbine could be sited elsewhere with less impact. The owners and/or occupants of Hunters Moon, which is located approximately 240 metres north west of the site of the proposed wind turbine, object to the planning application. The grounds for their objection can be summarised as concern regarding the visual impact of the proposed wind turbine and potential noise nuisance arising from its operation. The owner and/or occupant of Ballamlighyn Cottage, which is located approximately 240 metres north east of the site of the proposed wind turbine, objects to the planning application. The grounds for their objection can be summarised as concern regarding potential nuisance arising from the operation of the proposed wind turbine. ## Planning Policy In terms of local plan policy, the application site is within a wider area of land that is designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. There is one policy within the plan that is considered specifically material to the assessment of the planning application. Policy L/OSNC/PR/1 states: "There will be a presumption against development in areas designated as open space or open space for particular purposes." 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 wind turbine and associated tower within the application site. The proposal comprises of a 9 metres tower with an attached 5.5 metre diameter wind turbine rotor. Whilst the use of renewable energy sources should be generally supported it is still necessary to balance their acceptability against their impact. This approach is reflected within the planning policy referred to earlier within this report and it is therefore necessary to assess the impact of the proposal on public and private amenity against the environmental benefits of its use. Although Energy Policy 4 states that wind power installations require the submission of an Environmental Impact Assessment the clarification of such assessment set out within Appendix 5 of the Isle of Man Strategic Plan 2007 establishes that the scale of development proposed by the planning application is actually too minor to require an Environmental Impact Assessment. However, in accordance with the recommendation from the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division the assessment of the planning application was deferred in order to allow a bat survey to be undertaken during an appropriate time of the year. The conclusion of this survey, which was undertaken by the Manx Bat Group, was that it was considered unlikely that the wind turbine would affect bats and bat activity within the area. It is therefore concluded that the proposed development does not represent an unacceptable risk to wildlife within the area. In terms of visual impact, it can be seen that the land within which the wind turbine is proposed is situated below Baldhoon Road and slopes downwards towards the south as part of the overall topography of the valley. As a result the proposal will not read against the skyline when publicly viewed within the immediate surrounding area and whilst it will inevitably be visible it is considered that the visual impact within that immediate surrounding area will be suitably limited. Public views from Baldhoon Road will generally be limited to the stretch of road that runs parallel to the application site and, whilst there is no right to a view in terms of material planning consideration, the visibility of the proposed wind turbine from surrounding residential properties should be limited. Given its size and the distance involved it is unlikely that the proposed wind turbine would be visible from the other side of the valley. Overall, it is concluded that the visual impact of the proposed wind turbine is acceptable. As regards the impact of the operation of the proposed wind turbine it is considered that due to its position and the distance from surrounding residential properties that the operation should not unduly harm the amenity of those properties. As such, it is concluded that the impact of the proposal on residential amenity is acceptable. In conclusion, in this instance it is considered that the benefits of the use 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 approved. ## 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: Lonan Parish Commissioners; The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division; The owners and/or occupants of Ballacosney House (potential outlook from site); and The owner and/or occupant of Ballamidghyn Cottage (potential outlook from site). It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The owners and/or occupants of Hunters Moon (not readily visible). Recommendation Recommended Decision: Permitted Date of Recommendation: 27.07.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to drawing no.s 567-1, 567-2 and 567-3 date stamped the 5th September 2008. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 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 : Permitted Date : 27 July 2009 Signed : ______________________________ Senior Planning Officer 27 July 2009 08/01732/B --- *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/86330-lonan-ganders-baldhoon-road-wind-turbine-tower/documents/1558593*