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Application No.: 19/01431/B Applicant: Dr John C Taylor OBE Proposal: Erection of solar photovoltaic panels Site Address: Part Of Field 434107 Adjacent To Gatekeeper Cottage Ballawoods Douglas Road Ballasalla Isle Of Man Principal Planner: Miss S E Corlett Photo Taken: 01.06.2017 Site Visit: 01.06.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 10.02.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: to ensure that the development has an acceptable impact on the outlook from the railway line.
Reason: the development has been approved on the basis of the environmental benefit of the renewable energy which would be harnessed by the panels.
N 1. The application is advised to contact Manx Utilities prior to any excavation on the site within the gas pipeline easement area to ensure that the existing gas main and those working on the site are protected during the works.
This application has been recommended for approval for the following reasons(s) The application is considered to accord with EP1 and EP1 and is supported.
This decision relates to drawings SP1, SP0 and the Renusol brochure information all received on 20th December, 2019. _______________________________________________________________
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Manx Utilities as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018) _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.1 The site is one which has been the subject of a number of recent applications culminating in approval for two new buildings, one of which (the gate keeper's cottage on the south eastern side of the railway line) is complete and the other (the new dwelling) which is under construction. Subsequent to the approval of these new buildings, an application was also submitted for the creation of a borehole water system to supply the new developments, the applicant noting in that application that the borehole was intended to help provide the new dwelling with the most up to date sustainable technology to efficiently operate as a household without the need or reliance upon direct energy supplies being brought in. They add that the cottage's independence from the grid would be further reinforced by its use of the borehole water which will provide the dwelling with a fresh, clean and reliable water supply but also to effectively irrigate and sustain the important and extensive planting schemes associated with the development. - 1.2 The site now accommodates the emerging new dwelling on the north western side of the railway line with the apparatus associated with the borehole whilst on the southern side of the line, there is the newly constructed gatekeeper's cottage, a replica of the original structure on the other side of the railway line. The current application site relates to a linear piece of land to the south west of the gatekeeper's cottage. The site is 70m long and 12.5m wide and runs parallel with the railway line, including the route of an existing gas main which is roughly half way between the existing building and the proposed development. THE PROPOSAL
2.1 Proposed is the installation of a line of PV solar panels (generating electricity as opposed to hot water) together with the introduction of a new post and wire fence to the south. A new gate will be introduced within a line of new hedge planting to reinforce the existing hedge using existing plant types - wrapping around the south western corner of the curtilage of the gatekeeper's cottage.
2.2 The solar array will comprise a line of 37m of panels which individually are 991mm by 1650mm and mounted on supports which bring the top of each panel to 256mm above ground level.
PLANNING POLICY Landscape protection
3.1 The site lies within an area not designated for a particular purpose on the Area Plan for the South (2013). The Plan sets out a number of landscape strategies and key views, drawing on the 2008 Landscape Character Assessment. The relevant ones for the wider landscaping in which this site sits are set out below:
"Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views."
"3.23 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Rugged Coast, Undulating Lowland Plain Landscape Area: A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), E11 (Langness), F7 (Castletown and Ballasalla) and F8 (Poyll Vaaish and Scarlett Peninsula)
i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape
"5.21.3 In terms of the Island's rail heritage, the route of the still-operational Isle of Man Steam Railway winds south and west from Santon Station to its terminus in Port Erin, passing through Ballasalla, Castletown, Colby, and Port St Mary on the way. Given that the route, most of the rolling stock, and most of the station buildings and line-side structures are essentially as they were when the railway opened in 1874, there is obvious cultural and historic interest. Where possible and practical station buildings, gate-keepers' huts, and other line-side structures should be retained in, and where necessary, restored to their original form and appearance. Although it is recognised that financial and modern operating requirements may mean that this is not always possible."
3.2 Whilst not directly applicable to new development in the countryside, the following policy is indirectly relevant in that it provides advice about the design of new development where this is visible from the railway:
"Landscape Proposal 19: New industrial or commercial buildings at Balthane and Ronaldsway Business Park and the Freeport, which would be visible from the A5 or the Steam Railway, should be of high-quality, functional design. This proposal will also apply to buildings which would be visible from the bypass once a route has been firmly determined." The principle of development in the countryside
3.3 The Strategic Plan provides over-arching advice about how the Island should be developed, promoting development which is sustainable and generally presuming against development in
areas not so designated (Housing Policy 5, General Policy 3 and Environment Policy 1). In addition, there are policies on sustainable energy as follows:
"to promote measures for the reduction of greenhouse gas emissions" and "to ensure the security and sustainability of energy supplies".
Energy Policy 1: Proposals for the provision of energy supply facilities or development arising as incidental to such facilities will be expected to comply with all other policies of this Plan to ensure that any effect on the environment is minimised whilst ensuring that the community's needs for energy are satisfied.
Transport Policy 3 states: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes.
4.1 The most relevant previous applications are 18/00197/B for the two buildings and 19/00450/B for the borehole and associated apparatus. REPRESENTATIONS - 5.1 Malew Parish Commissioners and Department of Infrastructure Highway Services have no objection to the application (08.01.20 and 10.01.20).
5.2 Manx Utilities have no objection to the installation but ask that they are consulted in respect of the erection of any fencing, such as that shown in the application, so that the gas main is suitably protected (14.01.20). ASSESSMENT - 6.1 There is a presumption against development here and the installation of renewable energy equipment is not an exception set out in GP3. However, GP1 protects the countryside for its own sake and states that development which results in environmental harm will not be considered acceptable. In this case, the installations will be mostly screened from the only public view available - that from the train - by existing and reinforced hedge planting. It is also relevant that most people in the train would be looking in the other direction at the new house which is an eye catching new structure in the field immediately alongside the track.
6.2 There is considerable benefit in the installation of renewable energy facilities here in a location where there are no mains services easily accessible and the panels will compliment the natural water harnessing that will be available from the borehole and associated equipment.
6.3 It is considered that there would be a low amount of environmental harm from this proposal and this is outweighed by the environmental benefit resulting from the solar energy which will be captured in lieu of non-renewable energy usage.
6.4 A condition should be attached to any approval which requires the removal of the panels and supporting structures should the panels cease to be used or function to ensure that the site is not developed unjustifiably.
7.1 The application is considered to accord with EP1 and EP1 and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 17.02.2020
Signed : S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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