Officer Report

Application No.: 25/90903/B Applicant: Mr & Mrs Stephen & Sarah Turner Proposal: Erection of ground mounted solar array Site Address: Duxbury House Wigan Lane Ballamodha Malew IM9 3EP Planning Officer: Vanessa Porter Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.12.2025 _________________________________________________________________

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. In the event that the development ceases to operate for a continuous period exceeding 12 months, all solar panels, support structures, and associated infrastructure shall be permanently removed from the site within 6 months of their last use, and the land shall be restored to a condition suitable for agricultural use.

A restoration plan, including detailed implementation steps and timescale, shall be submitted to and approved in writing by the Department within one month of the end of the 12-month period of non-operation. The approved restoration plan shall be implemented in accordance with the approved details.

Reason: The structures have been approved exceptionally to meet a sustainable energy need. Their retention beyond operational use would result in an unwarranted intrusion into the countryside, contrary to General Policy 3 and Environment Policy 1 of the Strategic Plan.

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

Overall the principle of solar panels is considered acceptable as per paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan and aligning with those parts of the Climate Change Act 2021 and Climate Change Action Plan 2022-27 in reducing greenhouse gas emissions. The visual and amenity impact is considered to be acceptable meeting with Environment Policies 1 and 22 and is not to result in any adverse loss of agricultural land nor impact habitats in line with Environment Policies 4 and 14.

Plans/Drawings/Information; This decision relates to the following plans and drawings, dated received on 8th October 2025

• o Drawing No. 01
• o Drawing No. 2B
• o Drawing No. 03
• o Drawing No. 04
• o Planning Statement

This decision also relates to details of the solar panels and details upon the storage of energy via email dated received 1st December 2025. _________________________________________________________________ Right to Appeal It is recommended that the following owner/occupiers should be given the Right to Appeal: Shen Hine - Objection It is recommended that the following organisations should be given the Right to Appeal: Malew Parish Commissioners - Objection _________________________________________________________________ Officer’s Report THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL THE APPLICATION SITE

1.1 The application site is with Field No.435025 which is within the wider land holding associated with Duxbury House, but not within the residential curtilage. The house is a large recently built property, situated to the East of Wigan Lane and to the West of the Ballamodha Road. - 1.2 The specific part of the site is situated to the North of the site within Field No. 435025. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of a 42m by 3.212m, 74 panel solar array which is to be enclosed by post and wire fencing with two gates. The solar array is to be affixed to the ground via small concrete pads, with the remaining area beneath the solar array being overlaid with a weed suppressing membrane and then overlaid with gravel. The overall area of gravel is approximately 53m by 5.3m. - 2.2 Each solar panel is to measure approximately 1.134m by 1.762m, with an overall height of

• 2.027m. PLANNING HISTORY
• 3.1 There are several applications upon the site of which none are relevant in the assessment of this application. PLANNING POLICY
• 4.1 The field lies within an area zoned as "not for development" on the Area Plan for the South. The site is not situated within a Conservation Area nor a Flood Risk Zone. There is a right of way (No.205) situated to the middle of the overall plot.

- 4.2 STRATEGIC PLAN

• 4.2.1 Given the nature of the land zoning and the proposal the post relevant Strategic Policy would be Paragraph 12.2.8 in connection with Energy Policy 4 which seeks that alternative sources of energy will be subject to the policies as set out in the Strategic Plan, this is then followed by Environment Policy 22 which sets out that development will not be permitted if it unacceptably harms the environment or amenity of neighbouring properties.
• 4.2.2 The following Strategic Polices are also relevant in the assessment of this application, Strategic Policy 1 which seeks that development should make the best use of resources, General Policy 2 which sets out general Development Control considerations, General Policy 3 which sets out exceptions for development within land not zoned for development, Environment Policy 1 which seeks that the countryside and it's ecology will be protected for its own sake and Environment Policy 14 which seeks that the loss of agricultural land will not be permitted unless there is an overriding need or the land is lower quality.
• 4.3 OTHER MATERIAL CONSIDERATIONS

• 4.3.1 Legislation o Climate Change Act 2021
• 4.3.2 Policy/Strategy/Guidance o Climate Change Plan 2022-2027

- 4.4 OTHER APPLICATIONS

• 4.4.1 Ground Mounted Solar Panels are becoming increasingly popular with the following applications being approved in recent years; PA25/90754/B - Erection of 60 ground-mounted solar photovoltaic panels PA24/91394/B - Erection of ground mounted solar pv array PA22/00419/B - Installation of 14 ground mounted solar PV panels PA21/01311/B - Installation of ground mounted solar array. PA21/01315/B - Installation of ground mounted solar panels and timber fence PA18/00453/B - Installation of a heat pump and ground mounted solar panels REPRESENTATIONS
• 5.1 The following representations can be found in full online, below is a short summary;

5.2 Malew Parish commissioners have considered the proposal and state, "The board concurred with the owner of the neighbouring property in that the position of the solar array would be detrimental to the amenities of their property. The application does not include details of why that particular location was chosen and whether alternative have been considered. (07.11.25)

5.3 Owner/Occupier of "Shin Hene" Wigan Lane, have considered the proposal and whilst they do not have an objection to the solar array in principle, they do have an objection to the proposed location on the basis of the overall height of the solar array and how it will impact their properties amenity. (21.10.25)

5.4 The following consultants were consulted on the 9th October 2025, of which no correspondence has been received at the time of this report;

• - DOI Highway Services
• - DEFA Forestry
• - DEFA Inland Fisheries
• - MU - Electricity

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle
• - character and appearance

• - ecology impact
• - impact on agriculture and
• - impact on neighbouring amenity

- 6.2 PRINCIPLE

• 6.2.1 The proposal seeks approval for the installation of ground mounted solar panels within field No. 435025 which is within the wider land holding associated with Duxbury House, but not the residential curtilage and as such situated within an area designated as not for development and the wider countryside which is tightly controlled, where development is only permitted in limited circumstances as per General Policy 3. Whilst General Policy 3 allows for some exceptions within the countryside, ground mounted PV arrays do not fall within these exceptions. On this basis, the proposal does not conform to General Policy 3. This restrictive approach is reinforced by Environment Policy 1, which seeks to protect the countryside for its own sake, and by Strategic Policy 2 and Spatial Policy 5, which direct new development to identified town and villages to prevent sporadic development to identified towns and villages to prevent encroachment into rural areas.

• 6.2.2 Whilst this is the case, the Isle of Man Strategic Plan also recognises the growing importance of renewable energy. Energy Policy 4, supports development involving alternative energy sources, providing it aligns with the Plan's environmental objections. This doesn't mean a blanket approval as Environment Policy 4 requires that renewable energy proposals are assessed against the same environmental safeguards as any other development. Supporting text at paragraphs 12.2.8 and 12.2.10 underlines the need to promote energy efficiency and renewable technologies, including solar PV, where they can be accommodated without unacceptable harm. In principle, therefore, the generation of zero or low carbon electricity carries positive weight under Environment Policy 4, but this must be balanced against the objectives of General Policy 3 and Environment Policy 1 which prioritises the protection of rural character and landscape quality.
• 6.2.3 That balance is further influenced by the Islands statutory and strategic climate commitments. The Climate Change Act 2021 sets a clear legislative direction towards achieving net-zero emissions by 2050. While the provision requiring the development plan to take account of the Climate Change Action Plan 2022-2027 aims to achieve a 100% reduction in greenhouse gas emissions from electricity generation by 2030, with an ambition for at least 20 MW of locally generated renewable electricity to be available by 2026. These objectives are reinforced by the Net Zero Action Plan and Future Energy Scenarios, which outline pathways to 75% renewable electricity by 2035 and full decarbonisation of electricity by 2050, recognising that electricity generation accounts for around one-third of the Island's greenhouse gas emissions.
• 6.2.4 Complementary strategies, including the Renewable Heating Scenarios and the Energy Strategy 2024, prioritises distributed renewable generation such as solar PV and emphasises the need for grid resilience through interconnection. The Renewable Energy Sustainability Study acknowledges that while retrofit PV can be costly, it remains an important contributor to energy diversification and carbon reduction where visual and land - use impacts are controlled. The most recent Climate Change Transformation Programme progress report confirms that complete decarbonisation of electricity is essential to meet the 2030 interim target. Collectively, these instruments establish a strong and urgent policy imperative to expand renewable generation capacity, including distributed, behind-the-meter PV, provided environmental safeguards are maintained.
• 6.2.5 It's clear when assessing the above, that there is policy tension. General Policy 3 and Environment Policy 1, seek to protect the countryside by restricting development, whilst Environment Policy 4 and the wider climate framework require a rapid transition to renewable energy.

• 6.2.6 The proposal within this application is relatively small in relation to the whole site with the panels having the potential to create enough solar gain to help provide a substantial amount of renewable energy for the property, as such it is considered that the proposal whilst it would have a conflict with General Policy 3, when noting the combined weight of not only Environment Policy 4 but also the Island's climate obligations, there is a reasonable amount of overriding national need. As such the principle of the proposal is deemed acceptable
• 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The proposed solar panels are to be ground mounted and situated with a field North of the main dwelling, with a maximum height of 2.027m, with a South facing till at 25 degrees.The orientation ensures that the panels would face inwards towards the property rather than towards the neighbouring property to the West, or the main Ballamodha Road.
• 6.3.2 When looking at vantage points towards the solar panels, the solar panels will be noticeable from Wigan Lane to the West of the site, due to the slight raising of the land towards the North of the site and due to the hedging surrounding the site, whilst this is the case, Wigan Lane is a single track road which services a few dwellings and not a main road which has high traffic, as such the impact from Wigan Lane would be minimal from a character and appearance point of view. The solar panels will also be noticeable from the public right of way which goes through the site.
• 6.3.3 Turning towards the main Ballamodha Straight, whilst there is mature hedging, views of the solar panels will be accessible when travelling North to South, whilst this is the case the views of the solar panels would be minimal and generally only from vehicles which are higher than a standard car.
• 6.3.4 When noting the above the proposed solar panels are likely to change the character and appearance of the specific site they are to be situated within, to some degree and will be noticeable from the vantage points stated above. Whilst this is the case from the main Ballamodha Road, which would be the main impact, the proposal would be minimally seen, especially when noting the overall speed of the Ballamodha Straight. It's also noted that the solar panels would be facing the dwelling and as such, it would be mainly the metalwork which will be seen from this vantage point.
• 6.3.5 On balance, whilst views of the solar panels are accessible, the impact is minor and localized, with the wider scenic quality of the area remaining intact. The visual impact of the proposal therefore weighs slightly against the application but is not considered grounds in itself for refusal.

- 6.4 ECOLOGY IMPACT

• 6.4.1 Turning towards whether the proposal is to have any ecological impacts, the site is not situated within a designated nature conservation area, contains no registered trees or protected habitats, nor any watercourses.
• 6.4.2 Generally with regards to proposals such as this the impact would relate to localized soil disturbance during installation and ancillary activities and the potential that the works could impact the surrounding hedgerow. Environment Policy 4 & 5 require the avoidance of harm to biodiversity and mitigation where impacts cannot be prevented. In this case, the proposed solar panels are to be connected to steel frame which will be anchored by individual concreate pads, with the surrounding area being gravelled.
• 6.4.3 Overall whilst the amount of hardcore is large, in relation to the proposal it is relatively modest and acceptable, with conditions to state its removal once no longer required.

- 6.5 IMPACT ON AGRICULTURE

• 6.5.1 The site where the proposed solar panels are to be situated is recognised as Class 3 quality soil, when noting the size of the solar panels and the ground coverage it will undertake, it would be a small proportion of the overall agricultural field, whilst this is the case the it should be noted that that the land can still be used for agriculture, as such the installation of solar panels would not alter the land designation, with there being certain livestock which can be grazed within a field with ground based solar panels. This is called solar grazing, these generally tend to be laid back and smaller grazers such as sheep, goats and chickens, of which there are several sites in the UK and beyond which are already doing this. As such the proposal would comply with Environment Policy 14.

6.6 IMPACT ON NEIGHBOURING AMENITY

• 6.6.1 Situated to the Western side of the development, approximately 25m away is "Shen Hine" who have written in to object to the proposal on the basis of it's location and the impact this would have on their property.

• 6.6.2 Additional details were requested from the agent on behalf of the applicants who have provided the following information, "The solar panels are designed to absorb UV rays rather than reflect them, and are manufactured with an anti-reflective coating……The location of the solar array was chosen to maximise solar gain while minimalizing visual impact and occupying the least useful part of the site, without affecting the PRoW. The selected area provides adequate access for maintenance and is effectively screened by the Manx bank/hedge to the South and West…."
• 6.6.3 Whilst it noted that the neighbouring property to the works have raised issues with regards to the proposed solar panels, when noting the distance the solar panels are to be away from the neighbouring dwelling (approximately 25m) and when noting that the only solid part of the array would be the solar panels which face onto the pain dwelling and not towards "Shen Hine," it's deemed that the proposed works would have a minimal impact upon "Shen Hine," and that the impact would not be enough to warrant refusal.

CONCLUSION

7.1 Overall the principle of solar panels is considered acceptable as per paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan and aligning with those parts of the Climate Change Act 2021 and Climate Change Action Plan 2022-27 in reducing greenhouse gas emissions. The visual and amenity impact is considered to be acceptable meeting with Environment Policies 1, 2 and 22 and is not to result in any adverse loss of agricultural land nor impact habitats in line with Environment Policies 4 and 14. Conditions will be added to ensure the panels and any ground works and framing are removed in the event they are no longer needed. 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.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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 and/or rights to appeal.

Decision Made: Permitted Date: 15.12.2025 Signed : Mr Jason Singleton Presenting Officer

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