DEC Officer Report

Applicant: Mr Gary Kirwan Proposal Installation of ground mounted solar panels and timber fence Site Address Field 314194 Ramsey Road Peel Isle Of Man Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 04.04.2022

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 Solar panels, the support units and stock fencing hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for renewable and alternative energy generation.

Reason: The structures have been exceptionally approved solely to meet sustainable energy need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C 3. No development shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.

Reason: To ensure that any minor outlying features which might be associated with the site of the burial cairn north of the array can be recorded at the commencement of the development, and to accord with Strategic Policy 4.

• C 4. No external lighting shall be installed. Reason: To provide adequate safeguards for the ecological species existing on the site.

This application has been recommended for approval for the following reason. Overall, it is concluded that the planning application is in accordance with Environment Policy 22 and Energy Policy 4 of the Isle of Man Strategic Plan 2016, as well as wider Government climate change strategy, having no adverse private or public amenities.

Plans/Drawings/Information; This approval relates to the Cover Letter, Supporting Information, Drawing Nos. 01, MSE_KIR_01, MSE_KIR_02, MSE_KIR_03, date stamped and received 26th October 2021, and Drawing No. MSE_KIR_04 rev A date stamped and received 2nd February 2022.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Manx National Heritage It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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 4(2): The Grange, Ramsey Road, Knocksharry, Peel; Knocksharry Farm, Ramsey Road, Peel; Knocksharry House, Switchback Road, Knocksharry, as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

0.0 PREAMBLE - 0.1 This application was considered by the Committee on the 11.04.22 and deferred for a site visit. - 0.2 At the 11.04.22 meeting, the owners/occupiers of The Grange, Ramsey Road, Knocksharry, made additions to their previously submitted representation highlighting further issues that directly impact their property. The new issues raised are:

• o The proposal will detrimentally affect their outlook and privacy.
• o The increase in traffic to the site and the change of use of the land will have a material effect on their living conditions both short and long term.
• o The only access to the site is owned by them, with the applicants having rights of access
• only.

0.3 In assessing the additional comments, the first issue of concern raised was the detrimental impact on outlook and privacy. Whilst this was not assessed in the initial officer report, it should be noted that the site of the proposed development is not on elevated grounds where there would be elevated views to this neighbouring property and as such, privacy concerns would not be valid grounds to refuse the scheme. In terms of impacts on outlook, it is also noted that the scale of the scheme which only covers an area measuring 12.4m x 7.8m, with the panels set at a maximum height of 1m above ground level, would not be so significant to result in detrimental impacts on outlook from 'The Grange' given that the arrays would look towards the south (and away from this property), and be set 32m from the application site boundary with this neighbour and about 51m from the nearest window on 'The Grange', totalling a minimum distance of 83m. Besides, the scheme includes the erection of a 1m high timber fence on the northern and eastern edges of the arrays which would serve to conceal the panels and ameliorate any impacts on outlook from 'The Grange'. - 0.4 With regard to the matters related to increase in traffic affecting the occupants of 'The Grange', it should be noted that the only period that would generate increased traffic is the installation period. Therefore given that issues related to construction impacts bear no weight as material planning considerations this supposed impact cannot be considered in the assessment of this planning application. As such, this issue would be better addressed via the Highways legislation. - 0.5 The matters related to ownership or rights of access, although may have implications for implementation of the proposed scheme, is also not a material planning matter as land ownership is a civil matter and would hold no weight in the assessment of a planning application. As such, the right to access cannot be taken into consideration in the assessment of the proposal. - 0.6 Other matters which were further raised but previously contained in earlier representation include:

• o The proposal does not comply with EP2;
• o The site is in and area zoned as an Area of High Landscape or Coastal Value and Scenic Significance and part of the site fall within an area of Archaeological interest;
• o Do not agree that the break with national policy with regard to this site is essential as there are other possible and less intrusive locations within the applicant's ownership;
• o The site would be visible from nearby public roads;

These have been considered and assessed within the main body of the officer report and as such do not need to be reviewed again.

0.7 As was noted in the officer report, the owners/occupiers of The Grange, Ramsey Road, Knocksharry, as well as the other commentators did not explain how the scheme impacted on the lawful use of land owned/occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, and as such were not granted Interested Person Status. Given the new issues now raised which relate to the lawful use of their property, IPS has been reviewed to grant The Grange, Ramsey Road, Knocksharry, Interested Person Status for the application. - 0.8 The remainder of this report is unchanged. Any further representations received or any other information will be confirmed via verbal update to the committee.

1.0 THE SITE - 1.1 The application site comprises a parcel of land adjoining the residential curtilage of 1 Knocksharry Cottages, Ramsey Road, Peel, which is a semi-detached dwelling set in a rural environment between Peel and Kirk Michael, and situated north of the A4 (Ramsey Road).

1.2 Views to the application site and rear of the dwelling from the highway are heavily restricted due to the boundary treatment and hedging along the highway and the lie of the land which contains views to the site.

2.0 THE PROPOSAL - 2.1 Proposed is the installation of a total of 36 solar panels which are split into three separate rows/blocks which when laid out would have an overall total width of 7.8m and a total depth of 12.4m. These solar panels would be located within Field 314194 which is situated northwest of the main dwelling. The solar panels will be placed on support units and will be angled at 35 degrees on frames. The highest part of the solar panels and frames would be 1m high and span 1.2m wide when measured on the ground. Each row of panels which would face the south would be 2m apart. - 2.2 Also proposed is the erection of a 1m high timber fence on the northern and eastern boundaries of the installation site.

3.0 PLANNING POLICY - 3.1 The application site is not shown as zoned for any particular purpose. It lies within an area zoned as an Area of High Landscape or Coastal Value and Scenic Significance under the Isle of Man 1982 Development Order, and part of the site fall within an area of Archaeological interest. The site is not within a Conservation Area or flood risk area. The site is also not within a registered tree area and there are no registered trees on site. As such, the following parts of the Strategic Plan are relevant: - 3.2 Paragraph 12.2.8 of the Isle of Man Strategic Plan 2016 states, "The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations

1. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one. Accordingly:

3.3 Environment Policy 22 of the Isle of Man Strategic Plan 2016 states: "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."

3.4 Energy Policy 4 of the Isle of Man Strategic Plan 2016 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".

• 3.4.1 Appendix 5 of the Strategic Plan identifies developments where an EIA is required. It states in part:

• (c) Energy industry

• i. Thermal power stations and other thermal installations

• ii. Surface storage of natural gas
• iii. Underground storage of combustible gases
• iv. Surface storage of fossil fuels
• v. Industrial briquetting of coal and lignite
• vi. Installations for the harnessing of wind power for energy production

• 3.4.2 There is no reference made to the installation of solar panels within appendix 5. Environment Policy 24 provides for seeking EIA or more information in some circumstances, but the scale is also not considered to be significant enough to warrant an EIA in any case, and the site is not a sensitive site as stated in paragraph 3.1 of this report.

3.5 The Isle of Man Strategic Plan 2016 also contains the following policies that are considered specifically material to the assessment of this current planning application.

• 3.5.1 Strategic Policy 1 states: "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."

• 3.5.2 General Policy 2 sets out general Development Control considerations.
• 3.5.3 General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than for some given exceptions, none of which relate to the current proposal.
• 3.5.4 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."
• 3.5.5 Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential.

• 3.5.6 Strategic Policy 4: Proposals for development must: (a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of special archaeological interest;
• 3.5.7 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to

• (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and

• (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Isle Of Man Future Energy Scenarios (2020):

• 4.1.1 In December 2020, the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following:
• 4.1.2 Key Targets: o To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050.

- 5.0 PLANNING HISTORY

5.1 The application site has not been the subject of any previous planning applications which are considered to be specifically material in the assessment of the current application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' (10 November 2021/3 February 2022).

6.2 German Parish Commissioners asked that decision be deferred until their next meeting in a letter dated 10 November 2021. No other representations have been received as at the time of drafting the report. - 6.3 Manx National Heritage note that they worked closely with the applicant prior to the preparation of the application and have no problem with the principle of the proposal. They however, note that no information has been provided to indicate the location of cabling connecting the array with the applicants dwelling and suggest that a direct route requiring the shortest possible trench should be used. They request that should approval be granted, a condition requiring any groundworks to be undertaken with archaeological supervision to ensure that any minor outlying features which might be associated with the site of the burial cairn north of the array can be recorded (22 November 2021). - 6.4 The owners/occupiers of The Grange, Ramsey Road, Knocksharry, have made reference to the following issues regarding the application (10 November 2021/ 21 February 2022):

• o The visual impact of the proposal on the area and surrounding countryside;
• o The area has archaeological interest;
• o Whether the scale, style and design of this proposed development can be sensitively and unobtrusively integrated into the landscape;
• o Whether this constitutes a material change of use of the agricultural field;
• o Possible landscaping around the site to soften the stark utilitarian appearance;
• o Issues related to vehicle access track across this field to the location of the panels for maintenance and will they be sitting on a concrete base;
• o They refer to issues with submitted plans and data sheet;

6.5 The owners/occupiers of Knocksharry Farm, Ramsey Road, Peel have made the following comments regarding the application (14 November 2021):

• o They refer to details within submitted plans and scale of proposal;
• o They refer to impacts on rural land;
• o They refer to change of use of land;
• o They refer to repositioning of the solar arrays;

6.6 The owners/occupiers of Knocksharry House, Switchback Road, Knocksharry, Peel have made the following comments regarding the application (14 November 2021):

• o They refer to Environment Policies 1 and 2 and state that there is no national need for the development and that it is not essential.
• o They refer to impacts on the local area and landscape.
• o They refer to impacts on archaeological value of site.
• o They refer to discrepancy in the plans.

- 7.0 ASSESSMENT

7.1 It is considered that the main issues are:

• - Principle of Development;
• - Visual Landscape Impact;
• - Archaeology; and
• - Agricultural Impact.

- 7.2 PRINCIPAL OF DEVELOPMENT

• 7.2.1 The site is not allocated for development, and solar panels are not listed within the exceptions to this general approach set out in General Policy 3. However, given the wording of Energy Policy, that sites have not been allocated for solar power, the relative small size of the development and the intention to use these for the benefit of an existing property it is not considered that this is an automatic reason for refusal.
• 7.2.2 In assessing the acceptability of the principle of the proposed development, it is considered that the Department is supportive of proposals to harness renewable energy but must balance this against the other principles of the Strategic Plan, particularly those relating to preventing harmful development in the Island's countryside. When the scheme is assessed against the policies within the Strategic Plan, it is considered that the installation of the solar panels at the site will accord with the general support given to the introduction of renewable and alternative energy sources as set out in the Strategic Plan.
• 7.2.3 Also relevant is the fact that their introduction here is expected to help contribute to the overall operation and energy efficiency of the application property which will utilize the energy generated. In this respect the proposal is considered to comply with paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan.

- 7.3 VISUAL/LANDSCAPE IMPACT

• 7.3.1 Equally, regard must be given to the reasonableness of the scale and siting of the proposed developments in view of their subsequent impacts, if any, on the surrounding area taking into account the requirements of EP1 and EP2. In this case, it is relevant to consider that the solar panels would be installed within an open part of the site and within close proximity to the existing dwelling on site, while also having the most solar gain given its exposed nature. When one passes by on the A4 (Ramsey Road), the panels will not be visible due to the raised bank by the roadside, trees and sod hedges which line the highway and the field boundaries around the site.
• 7.3.2 It is also noted that these solar panels would be positioned about 80m from this abutting highway and would not be readily visible due to their position on the ground which would be only 1m high and the gentle lie of the land here which would ensure that they would be completely hidden behind the roadside hedge and trees. More so, it could also be argued that the chosen location is essential as it would facilitate solar gain and offer minimal views over long distances (which would be in the interest of the general character of the landscape); conditions which would ensure the scheme aligns with Environment Policy 2. Given the above, it is considered that the position of the solar panels on the field, the available screening existing on site and the nature of the topography, as well as the location which would enable maximum utility of the scheme as it would offer a prolonged solar harnessing period, would ensure that

the proposal does not spoil the character of the surrounding countryside, and comply with the requirements Environment Policy 1 and 2.

- 7.4 ARCHAEOLOGY

• 7.4.1 As has been established in paragraph 3.1 of this report, the application site is within close proximity to an important Archaeological site and as such it would be vital to consider the possible impacts of the scheme on the area. However, Manx National Heritage which provide advice on such matters have stated that the applicants have worked with them in conceiving the scheme and as such they raise no concerns with the scheme save for the additional of a condition regarding archaeological supervision to ensure that any minor outlying features which might be associated with the site of the burial cairn north of the array can be recorded at the commencement of the development. Based on the forgoing, it is considered that the proposal would meet the requirements of Strategic Policy 4 (a) of the Strategic Plan.

7.5 AGRICULTURAL LAND

• 7.5.1 Since the solar panels would be installed on an agricultural field, the agricultural status of the land to which the solar panels would be installed was assessed. From details obtained from the Agricultural Land use capability map for the Isle of Man, it is noted that the land is within an area with capability class 3/4, where both classes are approximately equal; with Class

3 land characteristics comprising land with moderate limitations which restrict the choice of crops and/or demand careful management, while Class 4 are poor quality agricultural land with severe limitations which significantly restrict the range of crops and/or level of yields. This implies that the land is not a high yield agricultural land where impacts of the solar panel installation would bear significant impacts on agricultural production. Besides, the land area to be occupied by the solar panels would be 96.76sqm which is not considered to be large enough to impact on agricultural activities within the surrounding fields; enabling the development comply with Environment Policy 14. Albeit, a condition should be attached such that should the panels become redundant or are removed, the support units and stock fencing must also be removed and the field returned to its original use.

7.6 OTHER MATTERS

• 7.6.1 The neighbours have raised concerns with the details on the scheme submitted, for which the applicants have submitted revised plans to address. Whilst the comments have been further highlighted is additional representations, it is considered that the plan of the solar arrays which show eight gaps depicts the bases for the frames which could carry 12 panels with the new elevations shown on the proposed section A-A on drawing MSE_KIR_04 rev A clearly showing twelve solar panels on each row. As such, it is considered that this matter has been addressed.

• 7.6.2 The representations from one of the neighbours also states that the System Datasheet' provided by the applicant advises the 'application area' is suitable only for roof mounted applications. However, no part of the data sheet makes such conclusions as it only refers to possible installations areas. As such, this is not considered to be a concern with the scheme.
• 7.6.3 Other matters raised have been addressed in the other sections of the assessment.

- 8.0 CONCLUSION

8.1 For the above reasons, it is concluded that the development proposed is acceptable when assessed against the relevant policies and the site context. It is recommended that the planning application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);

• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…25.04.2022

Signed : P VISIGAH. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.

Planning Committee Decision 25.04.2022

Application No. : 21/01315/B Applicant : Mr Gary Kirwan Proposal : Installation of ground mounted solar panels and timber fence Site Address : Field 314194 Ramsey Road Peel Isle Of Man

Planning Officer : Mr Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report The planning application was originally presented to Planning Committee at its sitting 11th April. Determination was deferred by the members in order to conduct a site visit which was carried out 21st April 2022.

The Planning Committee considered the application at its meeting on 25th April 2022, and agreed with the recommendation to approve the application subject to amendment of the Interested Person Status to grant the owners/occupiers of 'The Grange', Ramsey Road, Knocksharry, Peel interested person status:

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 4(2):

The Grange, Ramsey Road, Knocksharry, Peel, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

The other properties that made comments on the application (Knocksharry Farm, Ramsey Road, Peel, and Knocksharry House, Switchback Road, Knocksharry), are still not granted IPS as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. These are also not within 20m of the application site.