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Application No.: 09/01733/R Applicant: Mr Steven Anderson Hodgkins Proposal: Installation of solar panels Site Address: Derby Square Douglas Isle Of Man IM1 3LS ### Considerations Case Officer : Mr Gary Barr Photo Taken: 08.12.2009 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee: Highways Division Notes : Consultee : Douglas Corporation Notes: No objection
The application site represents the residential curtilage of 24 Derby Square which is an existing terrace dwelling situated at the south eastern corner of the Square which leads off Broadway and Derby Road in Douglas. This relatively large townhouse, comprises a three storey pitched roof dwelling.
This retrospective planning application is seeking approval for the installation of two solar panels. The proposal sits at an angle on top of the roof, facing south and measures in total.
The application site is located within the Windsor Road Conservation Area in Douglas which is zoned as an area of "Residential Use" under the Douglas Central Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, Environment Policy 35 is considered relevant to this proposal and states; "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".
General Policy 2 is also considered relevant and states:
"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:
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 submission of an EIA".
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically relevant to the assessment of the current planning application.
REPRESENTATIONS The Department of Transport Highways Division have not commented on the proposal. Douglas Corporation has no objection with the proposed development. ASSESSMENT / RECOMMENDATION
Whilst the planning application is made retrospectively, this should neither advantage nor disadvantage any assessment. Longstanding practice has established that the planning application should be assessed solely in terms of its planning merits as if the development had not been commenced.
After a visit to the site, it was clear that the solar panels are inappropriately sited and detracts from the appearance of the property and the locality. Their scale and siting above the ridge line of the dwelling, further exacerbates the situation and gives the appearance of incongruous, prominent structures when viewed from the public thoroughfare. The Planning Authority feels that the street is worth preserving and that the proposed application fails to respect the property and the locality in
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this instance. As such, the proposal adversely affects the character of the locality and the appearance of the conservation area.
It is encouraged in the Isle of Man Strategic Plan 2007 to minimise environmental pollution to air, water and land and with this proposal the best practice to reduce energy consumption is being made.
But having said this, it is judged that the proposed development would be contrary to Environment Policy 35 and General Policy 2 (parts b, c and g) of Isle of Man Strategic Plan 2007 and it is recommended that this planning application should be refused.
Given that the application is retrospective, a determination needs to be made as to whether enforcement action should be taken. I would recommend that in this instance the solar panels do give rise to harm and should be removed prior to February 28th 2010, otherwise formal enforcement action may be considered.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Recommended Decision: Refused
Date of Recommendation: 09.12.2009
The development is contrary to Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2007 by reason of its scale and siting. The proposal fails to preserve or enhance the character or appearance of the area, but introduces an incongruous addition to the dwelling to the detriment of the visual amenities of the locality.
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I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made: Refused
Date: ...............................................................................................................................................................
Signed: ...............................................................................................................................................................
Senior Planning Officer
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