Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91232/B Applicant: Mrs Shirley Ryzak Proposal: Installation of 4 solar panels to rear elevation of detached garage Site Address: Dhrynane House Maughold Isle Of Man IM7 1AS Senior Planning Officer: Jason Singleton Photo Taken: 06.11.2024 Site Visit: 06.11.2024 Recommended Decision: Permitted Date of Recommendation: 10.12.2024 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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

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

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

The proposal is considered to have a neutral impact on the character and appearance of the Conservation Area in accordance with Environment Policy 35 and with no adverse impact on the living conditions of those in surrounding areas, in accordance with General Policy 2 of the Strategic Plan. Furthermore, the scheme would serve to provide an alternative source of energy supply for the property, and is judged to align with the environmental objectives and policies set out in Energy Policy 4. For the above reasons, the proposal is considered to comply with General Policy 2, Environment Policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, in conjunction with Planning Policy 1/01. The proposal would also comply with Section 18 (4) of the Act and is therefore acceptable.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 28.10.2024.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of "Dhrynane House," previously "Thie Dhrynane," Maughold, which is a traditional two storey property situated to the eastern side of Maughold Village and to the west of Maughold Church. - 1.2 This property which has its southern, western and eastern boundaries of the site enclosed in mature hedging, with mature trees also spread along sections of its boundary, has a pitch roofed detached garage which sits southwest of the main dwelling on site, and behind a group of mature trees situated along the western side of the main access. - 1.3 A farm lane runs along the rear (southern) boundary of the site and separates the property from the neighbouring field (Field 624092) which sits just south of the application site and the neighbouring dwelling Baldromma Mooar.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Installation of 4 solar panels to the rear elevation (south) external wall and roof of the detached garage. The panels would be set between two existing single windows and a panel either side of the windows on the rear wall. 4 panels in total. - 2.2 A separate application ref; 24/91184/B is considering the installation of 8 solar panels to the roof of the rear detached garage (same elevation).

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The site lies within an area zoned an Area of High Landscape or Coastal Value & Scenic Significance and an Area of Ancient Monuments & Sites of Archaeological Interest on the 1982 Development Plan, North Map. The site also sits within the Maughold Conservation Area.

3.2 TOWN AND COUNTRY PLANNING ACT 1999

• 3.2.1 S18 Designation of conservation areas

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

• 1. General Policy 2 - General Development Considerations.
• 2. Strategic Policies 3 and 5 - promote good design and use of local materials and character.
• 3. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.).
• 4. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas.
• 5. Environment Policy 42 - character and need to adhere to local distinctiveness.
• 6. 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 2003. 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."
• 7. Environment Policy 22 (In part): "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution."
• 8. Energy Policy 4: "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 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN

• 3.4.1 POLICY CA/2 - Special Planning Considerations
• 4.0 OTHER MATERIAL PLANNING CONSIDERATIONS

4.1 Residential Design Guide (2021)

• 4.1.1 This document provides advice in Section 5 for Architectural Details, while section 2 deals with and sustainable methods of construction. Section 2.3 on Building Design, particularly paragraph 2.3.2 which deals with the provision of renewable technology is also considered relevant to the current scheme.
• 5.0 PLANNING HISTORY

5.1 The property has been the subject of a number of previous planning applications, the following considered relevant in the assessment and determination of the current application: - 5.2 Installation of 8 solar panels to roof of detached garage - 24/91184/B - PENDING CONSIDERATION - 5.3 Installation of replacement windows - 20/01078/B - APPROVED - 5.4 Erection of garden shed and decking - 16/01262/B - APPROVED - 5.5 Extension to side elevation - 11/00103/B - APPROVED - 5.6 Two storey extension to rear of dwelling - 02/02329/B - APPROVED

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 DOI Highways have no Interest (08.11.2024).

6.2 Garff Commissioners have noted that all the panels are on the rear aspects of the garage and would not be viewable from any public perspectives. They resolved to submit no objections (11.11.2024).

6.3 No comments have been received from neighbours.

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider with this application is whether the proposal would result is any adverse impact on the character or appearance of the existing property or the wider street scene, and Conservation Area, the potential impacts on neighbours, and the wider environmental concerns.

7.2 Statutory Test - Section 18 (4)

• 7.2.1 In terms of compliance with Section 18 (4) of the Act, it is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies within section 3 of this report.

7.3 Character and Appearance (GP2, EP 35, STP 4)

• 7.3.1 In assessing the potential impacts of the proposal on the character and appearance of the site and Conservation Area, it is noted that the existing property is a traditional cottage situated within an area dominated by traditional properties in a small hamlet forming Maughold Village. The Conservation includes the villages but also a much larger area beyond the village boundaries.
• 7.3.2 Visiting the site it was clear that the garage and especially the rear elevation of the garage was not publically apparent form surrounding viewpoints, particular from the main highway. The installation of solar panels on external walls (rather than roof) is less common and in some situations whether in a Conservation Area or not, would not be appropriate, resulting in an incongruous feature to the individual property it would be attached too and the amenities of a street scene. However; in this case, given only four panels are proposed, they are to a garage and are not publically apparent, it is considered acceptable in this case. However, it should be noted that as with all planning applications, they are considered on a "case by case" basis and what is acceptable here, may not be accepted on other sites.
• 7.3.3 It is considered the proposal would have a neutral impact and therefore preserve the appearance of the property and the surrounding proposed Conservation Area, considering it would not impact on existing views and would not adversely impact the character and quality of the Conservation area or the individual property.
• 7.4 Impacts on Neighbours (GP2 & EP 22).

• 7.4.1 With regard to potential impacts on neighbours, it is not considered that there would be any adverse impacts on neighbours. Whilst the new solar panels would be installed on the rear elevation (south), this is at an orientation and sufficient distance from other neighbouring properties for it not to result in any adverse impact on the living conditions of these properties. The intervening mature hedging along parts of the site boundary will also help to mitigate any impact thereon.

7.5 Environmental Considerations

• 7.5.1 The scheme as proposed will accord with the general support given to the introduction of renewable and alternative energy sources as set out in the Strategic Plan, and is not required to provide an EIA. Their introduction here is also expected to help contribute to the overall operation and energy efficiency of the property which is situated within a traditional setting. In this respect the proposal is considered to comply with paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan.

- 8.0 CONCLUSION

8.1 The proposal is considered to have a neutral impact on the character and appearance of the Conservation Area in accordance with Environment Policy 35 and with no adverse impact on the living conditions of those in surrounding areas, in accordance with General Policy 2 of the Strategic Plan. Furthermore, the scheme would serve to provide an alternative source of energy supply for the property, and is judged to align with the environmental objectives and policies set out in Energy Policy 4. For the above reasons, the proposal is considered to comply

with General Policy 2, Environment Policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, in conjunction with Planning Policy 1/01. The proposal would also comply with Section 18 (4) of the Act and is therefore acceptable.

8.2 The application is recommended for an approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 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).

9.2 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.

9.3 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.

9.4 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 can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 10.12.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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