Erection of 20 ground-mounted solar photovoltaic panels

Environment Policy 22

Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties

Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.

Energy Policy 4

Strategic Policy 1

Development should make the best use of resources

Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1

General Policy 3

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 (1) 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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.

Environment Policy 1

Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20

Environment Policy 14

also to entail the permanent loss of some versatile A2 agricultural land, falling within Class 3/2 as shown on the Agricultural Land Use Capability Map of the Isle of Man. This would be counter to Environment Policy 14 of the Strategic Plan. In my view, this should tell against the retention of this land as a Strategic Reserve Site. 348 I recommend that the proposal to show Site BH032 as a Strategic Reserve Site for potential residential development be deleted from the Area Plan. Site GH011 - Ballacollister Road, Laxey; and Site GH015 - Briar Dale, South Cape, Laxey 349 Site GH011 consists of about 2ha of open land on the east side of Ballacollister Road, Laxey, immediately to the north of that village's existing built up area. It is allocated for residential development in the Laxey and Lonan Area Plan 2005, but is outside the existing settlement boundary of Laxey as shown in the draft Area Plan. In 2007, planning approval in principle was granted for six dwellings on this land, but this was never taken, up and has now lapsed. 350 Site GH015 is contiguous with Site GH011, to the north-east. It has an area of about 0.22ha, and is shown as woodland in the Laxey and Lonan Local Plan 2005. It is outside the settlement boundary of Laxey, as shown in the draft Area Plan. 351 In the draft Area Plan as published in May 2018, these sites were allocated for residential development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that they would be relegated to the status of Strategic Reserve Sites. 352 Mr M Perkins referred to current sewage problems in this area, although I understand that new provision for sewage treatment is planned for Laxey. Miss P Newton felt that the development of this land would detract from the visual amenity of Laxey. It would be visible across a wide area, and would require the removal of trees. M Turner and A Kennaugh referred to the poor access, and considered that Site GH011 should remain in agricultural use. Inspector's Conclusions 353 I consider that, at present, access to these sites is unsatisfactory. Ballacollister Road is a single-track lane, which would require widening to permit two vehicles to pass one another without difficulty. Its junction with the A2 is sub-standard. 354 In view of this, I am not convinced that these small sites should be considered as providing an appropriate location for a sustainable extension to Laxey. Furthermore, I have seen no evidence that there is a local housing need that would justify the extension of this settlement into the surrounding countryside. In the circumstances, I am not persuaded that there is a case for either site to be reserved for future development. 355 I recommend that neither Site GH011 nor Site GH015 be allocated for residential use in the Area Plan, either for immediate development, or as strategic reserve land. Site GH020 - Land adjacent to Ard Reayrt, Laxey 356 Site GH020 comprises about 1.5ha of undeveloped land within the existing settlement boundary of Laxey, as shown in the draft Area Plan. It is within an established housing area, in a hillside location, on the northern side of the village. It was allocated for residential development in both the 1982 Development Plan and the Laxey and Lonan Local Plan 2005. In the draft Area Plan as published in May 2018, it was proposed as a residential allocation for immediate development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. 357 Mr M Perkins referred to the surface water drainage problems in Laxey. There had been recent flooding events in the village and these could be expected to increase in frequency and intensity as a result of climate change. Development of this site would exacerbate this problem, by accelerating the rate of run-off from the newly installed hard surfaces. The soils here are shallow and overlie rock. As a result soakaways quickly overflow. Inspector's Conclusions 358 During the course of the inquiry, there was a serious flood event in Laxey, and it is important that the risk of further such events should not be exacerbated. In my view it would be poor planning to provide for the development of this site without being certain that measures could be taken to ensure that there would be no increase in the rate of surface water run-off. On the evidence available to me, I am not certain that this would be possible. In the circumstances, I consider that the allocation of this site should be deleted from the Area Plan. 359 I recommend that Site GH020 be deleted from the Area Plan as either a specific housing allocation or as a reserve site for residential development. Site GH038 - Land between Balacollister Road, Rencell Hill and Axenfel Lane, Laxey 360 This is a parcel of about 0.8ha of undeveloped land. The draft Area Plan shows it to fall outside the Existing Settlement Boundary of Laxey, which runs along its northern and