Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91301/B Applicant: Mr Stewart Ward Proposal: Installation of Solar Panels to front roof elevation Site Address: 96 Malew Street Castletown Isle Of Man IM9 1LS Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.02.2025 _________________________________________________________________

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.

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

Due to the location of the site and surrounding built form and topography the proposed solar panels will be seen in very limited views within the Conservation Area. Having applied the Statutory test of Section 18(4) of the Town and Country Planning Act (1999) it is considered that no adverse harm will occur within the Conservation Area.

The proposal would not cause undue harm to the character of property within the Conservation Area, nor residential amenity, nor the streetscene. The proposal is considered to accord with Strategic Policy 3 and 5, General Policy 2, Environment Policy 34, 35 and 42 and, Energy Policy 3 and 4 of the Isle of Man Strategic Plan 2016 and the Design Guide.

Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail received on the 25th of November 2024; unless stated otherwise.

• o Location Plan
• o Site Plan
• o Island Roofing Solar Ltd - solar installation components
• o Island Roofing Solar - Solar panel layout _________________________________________________________________

Right to Appeal

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

_________________________________________________________________ Officer’s Report

- 1. THE SITE

• 1.1. The application site is 96 Malew Street in Castletown. The dwelling is a 3 storey terraced property with stone walls and slate roof. The adjoining, end terrace is 2 storeys resulting in the 3rd storey side elevation and chimney stack being visible within the streetscene when approaching from the south.
• 1.2. Malew Street is a narrow street comprising a mix of 2 and 3 storey terraced properties that front the road. A narrow pavement separates the buildings from the road.

- 2. THE PROPOSAL

• 2.1. Planning permission is sought for the installation of a solar panel system on the front elevation roof slope.
• 2.2. An 8 panel array of Longi 400W Solar panels with associated fixing would be fixed to the roof. In support of the proposal an illustration has been submitted along with photographs of the site from within the street.
• 3. PLANNING POLICY Site Specific

• 3.1. The site is not in a flood zone nor at risk from surface water flooding. There are no Registered Buildings or protected trees within or abutting the site

• 3.2. On the Area Plan for the South, Map 5 Castletown the site is in an area designated as 'Predominantly Residential' and Castletown Conservation Area. Strategic Plan

• 3.3. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
• 3.4. Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality which should be preserved.
• 3.5. Strategic Policy 5: development should be designed to make a positive contribution to the environment of the Island.
• 3.6. General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development meets the relevant criteria. The relevant criteria in this instance are considered to be (c), (g) and (n):

• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (n) is designed having due regard to best practice in reducing energy consumption.

• 3.7. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

• 3.8. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas.
• 3.9. Environment Policy 42 - seeks to preserve character and local distinctiveness
• 3.10. Energy Policy 3 and 4: seeks to promote environmental benefits to the Island where and when opportunities arise provided impacts upon heritage assets such as Conservation Areas is given due consideration.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."

• 4.2. Residential Design Guide (2021): 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. Legislation

• 4.3. Section 18(4) of the Town and Country Planning Act (1999) states, "(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".
• 5. PLANNING HISTORY

• 5.1. There is previous planning history but none considered to be materially relevant to determine this application.
• 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. Local authority

• 6.2. Castletown Commissioners - although consulted on the 25.11.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. Statutory Bodies
• 6.3. Highway Services - No interest (03.12.2024).
• 6.4. Manx National Heritage - although consulted on the 25.11.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
• 6.5. Registered Buildings - although consulted on the 25.11.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
• 6.6. Manx Utilities, Electricity - although consulted on the 25.11.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
• 7. ASSESSMENT Principle

• 7.1. Development that reduces the uses of fossil fuels is generally welcomed and encouraged under Chapter 12 of the Isle of Man Strategic Plan. Increasingly existing households are adding solar panels to the roof to reduce fossil fuel usage. The principle of the proposal is therefore welcomed.

• 7.2. The key considerations are 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, and whether there are any potential adverse impacts on residential amenity.

• 7.3. Impact upon the Conservation Area

• 7.3.1. The roof slope of the property is only visible when approaching from the south, and in that view, it is only the eaves, overhang and two sides of the chimney stack.
• 7.3.2. It is unlikely that any part of the solar panels would be visible from the street. In the event that they are, it would merely appear as a thicker addition to the roof.
• 7.3.3. The site was not observed in any wider views onto the Conservation Area however, if one existed the solar panels would appear amongst the roofscape of the town.
• 7.3.4. The proposal will cause harm by virtue of the addition of the reflective unnatural material compared to the natural roof material.
• 7.3.5. In applying the Statutory test, Section 18(4) of the Town and Country Planning Act

(1999), it is considered that the proposal would cause slight harm by virtue of the fact that the traditional roof material would be covered. However it is not visible therefore the harm is considered slight and would in general have no visual impact upon the character or designation of the Conservation Area.

Residential Amenity

• 7.4. The proposed location of the solar panels is not directly opposite any habitable rooms therefore it is considered that the proposal would not cause harm to residential amenity.

- 8. CONCLUSION

• 8.1. The proposal would have a neutral impact on the character and appearance of the Conservation Area. The slight harm, which is not visible is, because of the slight harm, outweighed by the contribution to the improvements in reducing the use of fossil fuels thus contributing to the Islands environment.

• 8.2. For the reasons outlined in the report the proposal would not cause undue harm to the character of property within the Conservation Area, nor residential amenity, nor the streetscene. The proposal is considered to accord with Strategic Policy 3 and 5, General Policy 2, Environment Policy 34, 35 and 42 and, Energy Policy 3 and 4 of the Isle of Man Strategic Plan 2016 and the Design Guide.
• 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.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

It is recommended that the following organisations should NOT be given the Right to Appeal: o DoI - Highways Services - No objection

I can confirm that this decision has been made by a Principal Planner 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: 17.02.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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