16 July 2024 · Committee
Field 434113, Douglas Road, Ballasalla, Isle Of Man, IM9 2bb
The application sought permission for three sun-tracking solar PV arrays on a rural field set one field back from the A5 Castletown Road. Each tracker comprises 36 panels with a total panel area of around 65.5 sqm, mounted on a pole at a hub height of approximately 2.65m, rising to around 6m when tilted. Together the three trackers are expected to generate around 51,000 kWh per year. The application was partly retrospective because groundworks had already been installed before permission was sought. The main planning issues were visual impact on the countryside, potential harm to the residential amenity of the neighbouring dwelling at Arborfield, and possible effects on protected species including a bat nursery colony in a nearby stone wall. The site has a backdrop of existing trees with further planting proposed, and is screened from the main road by hawthorn hedging.
The committee judged that the environmental benefits of the solar scheme outweighed the limited harm to the countryside, satisfying Energy Policy 4 and Environment Policy 2. The design and location were not considered to cause significant adverse visual impact on the landscape. The development was also found not to result in an unacceptable level of harm to the residential amenity of the occupants of the nearby dwelling at Arborfield.
Development involving alternative sources of energy supply
the proposed three pole-mounted photovoltaic trackers with associated equipment, containers and parking would comply with the Energy Policy 4
presumes against development which would have an adverse impact on the character or appearance of the countryside
the proposed three pole-mounted photovoltaic trackers with associated equipment, containers and parking would comply with the Energy Policy 4 and Environment Policy 2
d/Governor 's Road junction. Any future applications will be considered on their merits taking into account the proposals set out in this plan and the Strategic Plan (see Maps 3 and 6). Natural Environment Proposal 2 (Green Gap) Between the settlements of Douglas and Onchan in the area straddling Blackberry Lane, development which would erode the separation and detract from the openness between the settlements will not normally be supported. Applications may be considered favourably if reason for an exception can be demonstrated in line with General Policy 3(g). Laxey and Baldrine - Encroaching ribbon development along the A2 C oast Road which connects Laxey and Baldrine has the potential to connect the two settlements. At present this area largely retains its sense of being in the open countryside with clear sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated
protect the countryside for its own sake
accords with the provisions of Policies ST1, ST4 c), ST5, GEN 2 b) and c) and ENV1
Environment Policy 1: 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 o utweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. 7.6 Landscape Assessment and Classification 7.6.1 The present system of landscape classification remains relevant and important. However, a review of the current landscape classification system is underway in the form of an Island wide landscape and coastal quality assessment. This will identify different categories of landscape and coastal importance in order for development to be managed effectively in these areas and appropriate protection policies to be formulated. This exercise will investigate the appropriateness of designating a 'coastal planning zone' which would extend both seaward and landward of the coastline depending on the ext ent of the mean low water mark in the case of the former and the extent of direct maritime -influenced and coast - related activities in the case of the latter. The landscape assessment will also include management guidelines with respect to development not only in the designated areas but in the wider countryside as well.
Strategic Policy 1
n. 106 of the buildings on the Register are located in the East. Building registrations are divided by Local Authority below: Registered buildings in the East Registered Buildings in the East14 Total in each Local Authority area Douglas 73 Onchan 14 Braddan 11 Santon 3 Marown 2 Laxey 2 Lonan 1 Total 106 Unlike in the UK, there is currently no grading system in place for Registered Buildings, though this is under review. Treatment of Registered Buildings is covered by the Town and Country Planning (Registered Buildings) Regulations 2013 and by Planning Policy Statement 1/01. It is recognised that the East, in common with the Island as a whole, contains a significant waiting list of historic buildings which may be worthy of Registered Building status. The process of appraisal and registration is ongoing. 14 As recorded at the time of the Plan's Adoption, September 2020 Urban Environment Proposal 5: Where an application relates to a building which has been proposed for entry onto the Register, advice must be sought from the responsible Department prior to the submission of any planning application on how best to approac h any modifications to such historic assets. Conservation Areas Of the 20 Conservation Areas on the Island, 11 of these are within the East and the majority are in Douglas: Conservation Areas in the East Douglas Other Settlements Little Switzerland Laxey Ballaquayle Road Onchan Selborne Drive Windsor Road Olympia Woodbourne Road Douglas Promenades Athol Street/Victoria Street/Duke Street Douglas North Quay Conservation Area Character Appraisals have been carried out for a number of areas in the East and this work is to be reviewed before any action to designate new Conservation Areas. Cabinet Office is committed to moving forward with this work during the remainder of the plan period in line with the procedure set out in Section 18 of the Town and Country Act 1999. It is worth noting that new developments could and should form the conservation areas of the future by providing excellent examples of well designed, environmentally sustainable and liveable communities. Ancient Monuments There is a diverse collection of heritage assets in the East, ranging from the Neolithic to the modern period. While some monuments are protected by the Manx Museum and National Trust (Manx National Heritage), the immediate setting and, in some instances, the landscape context may also need protection or enhancement. Many heritage assets are located on comparatively remote or isolated sites which are unlikely to be subject to change arising from development but others are within or close to our settl ements or may be close to potential mineral workings or sites for public infrastructure. The sites included on the Environmental Constraints Map represent the most up to date list of Ancient Monuments. Of the 29 protected Ancient Monuments in the East, among the most notable are: • The Braaid: Site of an ancient Celtic -Norse era community including remnants of a roundhouse (c650 CE) and two longhouses (c950 CE). • King Orry's Grave: Neolithic chambered tomb (3000 BCE). • St Trinian's Church: A 14th Century church which lost its roof in the 17 th Century, also known as the Keeil Brisht or 'Broken Church'. • The Great Laxey Wheel: The largest surviving working wheel of its kind in the world. Built in 1854 to pump water from the Glen Mooar section of the Great Laxey Mines complex. Urban Environment Proposal 6 Applications on sites or close to sites that contain an Ancient Monument must be designed taking into account the character of the Monument and its environs to ensure it is satisfactorily protected. Railway architecture The route of the still -operational Isle of Man Steam Railway winds south and west from Douglas through Port Soderick and Santon Stations before continuing to its terminus in Port Erin. Given that the route, most of the rolling stock, and mos t 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. The same is true (in terms of interest) for the MER. Urban Gulls The large population of gulls has become a concern in Douglas and other coastal settlements in the East due to the nuisance caused by noise , detritus and aggression towards humans during nesting season. In addition to stopping the feeding of gulls and pigeons and ensuring bins are adequately covered, steps can be taken to 'design out' this issue by installing the following devices: • bird netting or mesh • bird spikes • chimney spike system • chimney mesh cover • bird wire system Contaminated and polluted sites The re-use of previously developed land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategi
Strategic Policy ST2
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
Strategic Policy 3
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
Strategic Policy 5
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
General Policy 2
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
Environment Policy 22
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
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.
Environment Policy 23
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
access to the site from the road network
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
onsite parking and turning provision
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
location and nature of development in and around the Island's airports
it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10
Transport Policy 10: The location and nature of development in and around the Island's airports, airfields, and air traffic control sites will be controlled in a manner which ensures that the safe and efficient use of these facilities by aircraft is not compromised. Safeguarding measures such as the Public Safety Zone should be identified where appropriate.
Condition 1
- 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.
Condition 2
- 2. Prior to the erection of the solar trackers details of the colour and finish of the stem and solar PV panels shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved details and retained thereafter. Reason: In the interests of visual amenity.
Condition 3
- 3. The applicant shall notify DEFA Planning on writing of the date of the first export of electricity generated by the site. Operations for the export of electricity using the equipment installed on the site as hereby approved, shall be time limited for a period of 25 years, only. Reason: To ensure that the installed equipment, which has a design life of 25 years, remains fit for purpose, and that any new equipment or time extension for the use of the facility for electricity generation is considered by DEFA Planning in the interests of technological change and visual amenity.
Condition 4
- 4. If the 3 No. solar trackers, data centre and WC, hereby approved, become redundant or are no longer in operational use, they must be removed from the site within three months of their last use. Reason: To protect the visual amenities of the area.
Condition 5
- 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no plant, equipment, structure, garage, car port, gate, fence, wall, or other means of enclosure, or hardstanding area shall be erected or installed within the curtilage of the application site hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Condition 6
- 6. Prior to the commencement of any development on the site a Precautionary Working Method Statement for common lizards shall be submitted to and approved in writing by DEFA Planning. The development shall not be commenced until all the requirements of the approved Precautionary Working Method Statement have been implemented. Reason: In order to protect the habitat of and minimise harm to any common lizards that may be found on the site.
Condition 7
- 7. Within 3 months of the date of this planning permission, the WC container structure, hereby permitted, shall be clad in wooden, vertical cladding to match that applied to the exterior of the retained Data Centre structure. Thereafter, the wooden cladding attached to both structures shall be retained and maintained for the lifetime of the development. Reason: To ensure that the development provide an acceptable external finish in the interests of visual amenity given the sites countryside location.
Condition 8
- 8. The development, hereby approved, shall not first export electricity until the replacement dwelling approved by PA 17/01076/B (and by subsequent implementation of approvals of PA Refs: 18/00197/B and 23/01498/B), has been substantially completed. Reason: To define the purpose of the development given the sites countryside location in the interests of visual amenity.
Condition 9
- 9. The development, hereby approved, shall be used solely to serve the completed replacement dwelling approved by PA 17/01076/B (and by subsequent implementation of approvals of PA Refs: 18/00197/B and 23/01498/B). Reason: To define the extent of the development given the sites countryside location in the interests of visual amenity.
Condition 10
- 10. Prior to the construction of any of the development, hereby permitted, all details of any external illumination and/or security lighting to be applied to the buildings surfaces or at ground level around the site, and/or installed along the access drive leading from it to the replacement dwelling, shall be submitted to, and approved in writing by DEFA Planning. Thereafter, any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times. Reason: To minimise the impact of the development on neighbours residential amenities and on Bats, Birds and any other Protected Species; and, to safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.
Creation of a borehole (retrospective) and erection of plant building associated with Gatekeeper Cottage
permitted on 29.05.2019
relating to Ballawoods Gatehouse
relating to Ballawoods Gatehouse
Amendment to PA 18/00197/B - Erection of replacement dwelling
pending consideration