APL Plannig Statement

Planning Statement For The Installation Of A Solar Array, Ballaman, Ballnahowe Road, Rushen

A wide landscape photograph showing a coastal town in the distance with rolling hills and rough terrain in the foreground.

View from Meayll Hill (10.03.2022)

1.0 Introduction
1.1 The site is part of the holding of Ballaman, which is situated generally on the western side of the Ballnahowe Road (although there is also land on the other side of the road which is part of the land holding) leading south from Port Erin to Cregneash and The Sound. Ballaman incorporates a main cluster of buildings on this western side of the road together with a land holding which stretches to the north, south and east of this.
1.2 The cluster of buildings accommodates Ballaman, the main house on the holding which is a substantial one, originally having been a prominent house and having been extended significantly over time. To the rear (south) of this are farm cottages, farm offices and a helicopter hangar.
1.3 There are two entrances to the area of the buildings, one to the north and one to the south of the buildings, both having formal walls and gates.
1.4 The Meayll Circle Ancient Monument lies 600m to the south and the draft area of ecological interest closer at 145m to the south.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

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2.0 The proposal
2.1 It is proposed to install a solar array in field 414526 immediately to the east of the helicopter landing circle and to the south of the southern access into the site.
2.2 The array will take the form of six lines of panels - a total of 340 panels arranged on double mounts and facing due south.
2.3 The mounts will be no higher than 3m and from around 1m from ground level, anchored in the ground with the existing grass retained underneath.
2.4 Ducting will be required between the array and the point of connection into the existing system which is in the cottage to the north of the array.

3.0 Planning history
3.1 The site has been the subject of a range of applications for alterations and extensions to the dwelling (95/01050/B, 12/00552/B, 12/01110/B, 13/00088/B, 13/91340/B), the creation of the helicopter hangar from a former agricultural building (09/01988/B), 10/00907/B, 11/00113/B), alterations to the cottages (09/00293/B, and for alterations to the accesses (08/01850/B, 09/00995/ B). A windbreak was approved under 90/01076/B, a former helicopter hangar was converted to living accommodation under 94/00728/B and permission was refused for the erection of three wind turbines to the west of the building group, under 14/00632/B.
3.2 In the determination and ultimate refusal of the application for the wind turbines, it was suggested by third parties that there are other forms of harnessing renewable energy, including specifically solar panels, which would not result in the amount of visual intrusion as would the proposed turbines.
3.3 This application was refused for reasons relating to the harmful visual impact on the environment, as viewed particularly from the coastal footpath and the higher perspective from the Meayll Circle and also due to concerns about interference with aircraft safety operations related to the Isle of Man Airport.
3.4 Solar arrays have been approved elsewhere on the Island including 18/00453/B at Spindrift, Pooilvaaish Road, Balladoole (34 panels) and 19/01431/B at Ballawoods Gatekeepers Cottage, Malew

(37).

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4.0 PLANNING STATUS AND POLICY
4.1 The site lies within an area not designated for development on the Area Plan for the South (APS). On the Isle of Man Planning Scheme (Development Plan) Order 1982 the site is also not designated for a particular purpose but also lies within an area of High Landscape or Coastal Value and Scenic Significance (this has been superseded in the main by the APS but the areas of High Landscape Value continue to be applicable here in respect of Environment Policy 2 of the Strategic Plan - see later).
4.2 The site is close to but not within a coastal draft zone of ecological importance on the APS and similarly, on the Isle of Man Planning Scheme (Development Plan) Order 1982 the site is close to, but not within an area of nature conservation importance.

Isle of Man Planning Scheme (Development Plan) Order 1982 Area Plan for the South Constraints Map 1

4.3 The draft Landscape Character Assessment which is incorporated into the Area Plan identifies the site as lying within a much wider area of Coastal Cliffs - specifically Cregneash Head and Meayll Peninsula. The APS Written Statement refers to this area as follows:

"The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill.

Key Views include dramatic views of rising uplands to the north and across Port St. Mary Bay to the northeast, dramatic views across the Sound to the Calf of Man. Panoramic, open views across the Peninsula, extensive, panoramic, open views across ever-changing sea and sky engulfing the character area on three sides."

4.4 Landscape Proposal 10: “Any additional new built development on the Meayll Peninsula, other than very limited development near its northern edge at the former Marine Biological Station, should be avoided as such development would adversely affect the largely unspoilt character and appearance of the Peninsula and/or would diminish its role

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A close-up view of a topographical map showing the location 'Ballahanow' with contour lines and elevation markers.

A site location map showing rural roads, agricultural fields, and a watercourse with a speed limit marker.

in providing a vegetated, undeveloped backdrop to Port Erin, Port St Mary and Cregneash.” The site does not lie within the Meayll Peninsula.

4.3 Landscape Proposal 11: “Should the opportunity arise, the radio beacon on Cronk ny Arrey and other communications apparatus on the Meayll Peninsula should be removed or, if necessary, replaced by more modest and less intrusive structures.”
4.4 The Strategic Plan contains the following in respect of renewable energy installations:
4.5 Energy Policy 4 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 submissions of an Environmental Impact Assessment." Note: this requirement for an EIA does not include solar generation.
4.6 Other Strategic Plan policies which are considered relevant include the following:
4.7 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 outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.”
4.8 Environment Policy 2: “The present system of landscape classification of Areas of High Landscape of 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 difference 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.”

4.9 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, historical, or social value and interest (Housing Policy 11)
c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant development in connection with the working of minerals or the provision of necessary services;

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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.”

4.10 Environment Policy 4: “Development will not be permitted which would adversely affect:

a) species and habitats of international importance:

i) protected species or international importance or their habitats; or
ii) proposed or designated Ramsar or Emerald Sites or other internationally important sites.

b) species and habitats or national importance:

i) protected species of national importance or their habitats;
ii) proposed or designated National Nature Reserves , or Areas of Special Scientific Interest; or
iii) Marine Nature Reserves; or
iv) National Trust Land.

c) species and habitats or local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.”

Environment Policy 24: “Development which is likely to have a significant effect on the environment will be required:

i) to be accompanied by an Environmental Impact Assessment in certain cases; and
ii) to be accompanied by suitable supporting environmental information in all other cases.”

4.11 Strategic Policy 4: “Proposals for development must:

a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings

(1), Conservation Areas (2), buildings and structures within National heritage Areas and sites of archaeological interest;

b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
c) not cause or lead to unacceptable environmental pollution or disturbance.”

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4.12 Environment Policy 40: “Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof.”
4.13 The Government’s Climate Change Action Plan and Climate Change Bill is capable of being a material consideration as a statement of Government Policy (Town and Country Planning Act 1999 Section 10(4)(d).
4.14 The Isle of Man Government - Action Plan for Achieving Net Zero Emissions by 2050 includes in the Chief Minister’s Foreword, the statement that “It is increasingly clear that unless urgent action is taken on global scale, the consequences of climate change and the decline in ecosystem health and biodiversity will be devastating” and refers to changing the way we source our energy and needing to take “rapid action” if the target to achieve net zero carbon emissions is to be achieved by 2050. It commute to securing no less than 75% of the Island’s electricity from renewable sources by 2035 and acknowledges that one of the most difficult challenges is the necessary change needed in respect of residential properties. It specifically refers to a commitment to review Manx Utilities’ practices and the Electric Act and propose changes to encourage diversified generation.
4.15 This contrasts with the more relaxed approach in the Strategic Plan which refers to “a growing interest in using naturally sustainable resources, and in particular wind” and the rather vague reference to the promotion of “measures for the reduction of greenhouse gas emissions” and “to ensure the security and sustainability of energy supplies”. It does though state full support of these objectives despite Energy Policy 1 not expressing a presumption in favour of this type of energy generation but that they will be expected to comply with all of the other policies of the plan.
4.16 Finally, there are no Registered Trees or Registered Buildings on the site which is not within a Conservation Area. Part of the field is identified as being at high likelihood of risk of surface water flooding on the national flood risk maps:

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A digital site plan showing land boundaries and purple highlighted areas indicating the proposed development footprint.

5.0 Assessment
5.1 The site is not designated for development and the installation of renewable energy installations is not one of the exceptions to this presumption against development as stated in General Policy 3. However, it is clear from other decisions to approve renewable energy installations on the Island that the principle of this type of development can be acceptable and indeed in many cases, it is more practicable for such installations not to be in built up areas. It is also arguable that in the case of more remote rural properties, the need to generate renewable energy, to mitigate the unsustainable location of the property, is more important than in more sustainable locations within settlements.
5.2 As is clearly stated in Environment Policies 1 and 2 which do not presume against development per se, but only development which would have a harmful impact, the protection of the countryside against development which would have an adverse impact is the most important consideration. Environment Policy 2 places even greater weight on the protection of the character and quality of the countryside in the determination of development proposals.
5.3 The Government’s objectives of addressing climate change are considerable material considerations which weigh in favour of the principle of renewable energy installations and as is stated clearly in Energy Policy 4, the benefits of renewable energy generation must be weighed against any adverse impact on the environment.
5.4 To this end, it is important to consider what the impact of the proposed solar array will be. The panels will sit on the ground and the pipework will be limited and have no environmental impact. The panels will not have any impact on ecology. The principal impact will therefore be a visual change to the countryside.
5.5 The important visual receptors for this development are the public vantage points from where the public see the site. We have identified these as being from across the bay from Bradda Glen, alongside the site, from higher up (Meayll Circle) and from the coastal footpath to the west.

View from Bradda Glen - 10.03.2022

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A scenic photograph showing a coastal landscape with a town along the shoreline and rolling green hills in the background under a clear blue sky.

View from Ballnahowe Road above the site - 10.03.2022

View from Ballnahowe Road just above the site - 10.03.2022

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A photograph showing a rural road curving through grassy fields with hills and a town visible in the background.

A photograph showing a narrow rural road curving right with a metal farm gate on the left, surrounded by hedges and trees.

View from Meayll Hill - 10.03.2022

View from the coastal footpath to the west

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A landscape photograph showing a grassy field with scrub vegetation in the foreground and a coastal town visible in the distance.

View from the coastal footpath to the west View from within the application site field - 10.03.2022

5.6 The site slopes downward from south to north and has established hedges to the east and south and buildings to the west and north. From Bradda Glen the solar array will be hidden behind the existing buildings: from alongside the site on Ballnahowe Road the existing hedges will screen the proposal from view. From higher up on Meayll Hill the view is more distant and the existing field hedge screens much of the proposed development area from view. This is a very small part of a much larger, spectacular panorama and what is proposed is considered to be insignificant if indeed it is visible at all. From the coastal footpath the site is screened by the existing buildings and existing hedging alongside the path and the topography from where the site disappears from view completely at some points.
5.7 It is considered that the solar array will have a minimal visual impact in the landscape, if indeed it is visible at all and that the environmental benefits of the renewable energy outweigh this minimal impact and that the proposal is not in conflict with Environment Policies 1 and 2 or Energy Policy 4. We consider that there will be a minimal, if any effect on the view from Meayll Circle and no effect on the setting of that Ancient Monument and as such the proposal complies with Strategic Policy 4, Environment Policy 40 and Landscape Proposal 10. Finally, there will be no impact on ecology and so the proposal complies with Environment Policy 4. The development will not be within an area at risk of flooding and no Flood Risk Assessment is considered to be required and the development is not considered to have a significant impact and there is no automatic requirement in any of the Strategic Plan policies for an EIA.

Sarah Corlett 22.03.2022

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A landscape photograph showing a large grassy field in the foreground with a wooden fence, overlooking a village and hills in the distance.

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APL Plannig Statement

Source & Provenance