DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/90918/B Applicant: Ms Carolyn Moses Proposal: Install photovoltaic solar panels on flat roofs Site Address: The Rheast Rheast Road Santon Isle Of Man IM4 2HR Senior Planning Officer: Jason Singleton Site Visit: 24.09.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.09.2024 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The photovoltaic solar panels hereby approved shall be removed and the roofs restored to their former condition in the event that they are not used for a period greater than 12 months or no longer required for the production of electricity.

Reason: In the interests of the visual amenities of the countryside setting and to avoid unnecessary built development in the countryside.

This application has been recommended for approval for the following reason.

The proposed installation of roof mounted solar panels, would accord with General Policy 2, Environmental Policy 1, Energy Policy 4; Housing Policy 16 of the Isle of Man Strategic Plan 2016

Plans/Drawings/Information;

This decision relates to drawings and supporting information received on 17 August 2024, referenced;

• 2. Site Plan
• 3. Cover Letter
• 4. Solar Design

• 5. Layout Design
• 6. 5 Photos

• a. Silver Birches' Tree Cover
• b. Rear flat roofs (1&2)
• c. East flat roof (3)
• d. North flat roof (4)
• e. Front flat roof (5) _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DoI - Highways Services - made no objection Local Authority - Not assessed as no objection/comments received ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is within the curtilage of The Rheast, Rheast Road, Santon which is a two storey detached dwelling in a contemporary appearance with an attached garage leading to ancillary accommodation. The building is finished in Manx stone with a mono pitched roof to the south with sedum planting and part of the north and east being a flat roof area in a grey finished material behind a parapet wall. - 1.2 The property is set back from the edge of the highway approx. 30m from the Rheast road to the North with dense and mature landscaping between and 26m from the Moaney Road to the west. The property also sits slightly lower than the highway.

2.0 THE PROPOSAL - 2.1 Proposed is the installation of 52 x solar panels on the flat roof area of the house, garage and ancillary accommodation. - 2.2 Each panel (JA Solar (JAM 54D40-435GB)) would measure 1.7m x 1.1m and mounted on a separate frame work with an angle of 15 degrees and orientated to face due south. - 2.3 The propose works are solely contained to the roof of the dwellinghouse, garage and ancillary accommodation.

- 3.0 PLANNING POLICY

3.1 In terms of local plan policy, the application site is within an area recognised as being white land or not zoned for development on Map 11, Santon of the Area Plan for the East. - 3.2 The site is not within a Conservation area, there are no registered trees identified on site and the site is not identified as being within High Risk Flood Zone (River and Tidal) on the DoI's Flood map hub. - 3.3 Within the adopted Isle of Man Strategic Plan 2016, the following policy are considered to be the pertinent relevant policy in the determination of this application: - 3.4 Whilst there is a presumption against development here as set out in General Policy 3 and Environment Policy 1, there is also support for certain types of works and extension and alterations to existing residential properties in the countryside, notably that set out in Housing Policy 16 and that design or alterations of existing buildings should have a positive contribution

• as noted in Strategic Policy 5 and Energy Policy 4 supports the use of renewables but only if there is no adverse impact upon the countryside.
• 3.5 Whilst the land is not zoned for development, the general principles contained with GP2 (a-n) offer guidance that specifically addresses those issues affecting building on site that would be general 'development control' and considered capable of being applied to this proposal.
• 3.6 The principles of the Residential Design Guidance 2021 which sets out a number of general development standards for alterations to existing dwellings including neighbouring amenity.

- 4.0 PLANNING HISTORY

4.1 The property benefits from the following approvals;

• o 13/91271/B - Erection of a linked extension to dwelling to provide ancillary living accommodation.
• o 11/01400/B - Erection of a replacement dwelling.

- 5.0 REPRESENTATIONS

5.1 Santon Commissioners had not commented at the time in writing.

5.2 Highways Services commented (27/08/24) with no objection. - 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• (i) Principle (SP5, GP3, GP2n, EP4)
• (ii) Visual impact (Ep1, HP16, GP2,c,f,)
• (iii) Neighbouring amenities (GP2g)

Principle

6.2 The starting point here is the land designation within the area plan which designates the site as land not zoned for development. As General Policy 3 would be applicable in this instance, the proposal is for the installation of solar panels to an existing residential dwelling and does not specifically fit into any of the criteria for acceptable development (a-h), therefore regard must be given to the reasonableness of the scale and siting of the proposed developments within the defined residential curtilage in view of their subsequent impacts.

6.3 The general principle of installing renewable technologies in this case a solar array would be aligned with the sustainable objectives of the Strategic Plan and the more recent Climate Change Bill (yet to be appointed) which encourages the provision of renewable energy of which both items proposed here would fit within the use. This aspect would accord with GP2(n) in respect of non-renewable energy consumption and would have the potential to create enough solar gain to help provide a substantial amount of renewable energy for the property. - 6.4 The installation within the residential curtilage is allowable under PDO (these panels would extend more than 200mm above the pane of the roof slope) with certain criteria and is generally supported as noted in the Strategic Plan at Paragraph 12.2.8 and Energy Policy 4 and is further echoed within the latest Government strategies for carbon neutrality. Visual Impact - 6.5 The installation of the Solar panels would be affixed to the flat roofed elements of the property for which there would be limited public views and the lower parts masked by the parapet wall and only the upper proportions visible. Any views from within the curtilage or from the adjacent highway would be read in conjunction with the use of the property and not as an

• incongruous feature or be considered to be detrimental to the countryside. The size and scale of the proposal would not be so disproportionate to the site or in relation to the dwellinghouse.
• 6.6 When viewing from the highway to the north (the front of the house) you would be looking up towards the underside of the panels, but mainly the upper proportions. This view would be no higher than the upper most part of the roof to which the sedum material is attached and would be read in accordance within the context of a residential dwelling.
• 6.7 On balance, whilst the proposed renewable technology is beneficial in terms of renewable technologies and it could detract from the architectural merits of the property, overall the proposals would not be detrimental to the surrounding countryside in accordance with HP16 and GP2(b,c,f) and EP1. Neighbouring Amenities
• 6.8 The site sits remote on the land scape with considerable distance to the nearest neighbours, as such there are no immediate neighbours that are considered to be impacted by the proposed development. As such, these aspects would be considered to be compliant with those sections of General Policy 2(g).

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the proposal would accord with General Policy 2, Environmental Policy 1, Energy Policy 4; Housing Policy 16 of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. _____________________________________________________________________

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 25.09.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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