n a recent decision notice, the Minister for the Department for Environment, Food and Agriculture, Claire Barber MHK (“the Minister”) (on advice from an appointed independent planning inspector) granted approval on appeal to the planning application for two 13 metre high domestic wind turbines at the Ballaman estate, overlooking Port Erin bay.

The Minister’s decision brings to an end a long running planning saga that started in 2014 when the applicant first sought planning for three 15 metre high domestic wind turbines.

Over the last 11 years, Isle of Man planning law and government policy has changed considerably, particularly in regard to climate change and renewable energy. These changes were ultimately instrumental in the Minister’s decision to grant approval.

In this article, litigation advocate Andrew Langan-Newton considers the Minister’s decision and how this will affect planning law for domestic wind turbines in the Isle of Man.

Background to the Decision

The applicant’s first application for three domestic wind turbines at the Ballaman estate was denied in April 2017 in part (and it appeared mainly) due to the impact of the turbines to the visual amenity to the area.

The applicant renewed their application in June 2023 applying for two domestic turbines, which was again denied in June 2024 principally due to the “unacceptable degree of visual intrusion” to the appearance of the countryside from Port Erin and the surrounding area.

The decision to deny the second application in June 2024 did appear surprising given the weight of legislation and government policy enacted and introduced in the intervening period to combat climate change and increase renewable energy in the Isle of Man.

The Minister’s Decision

Fourteen months after the decision by the Planning Committee to deny the applicant’s second application, the Minister’s decision to grant approval was guided by the advice of an independent planning inspector who considered the appeal at a public hearing in March 2025.

The inspector issued a recommendation to the Minister dated 1 May 2025, which was trenchant in its conclusion that: –

  1. The wind turbines would only cause “Minor Adverse effects” on the character and appearance of the area; and
  2. The “Minor Adverse effects” would be outweighed by the contribution of the wind turbines to reduction in Isle of Man greenhouse gas emissions, according with an “over-riding national need for which there is no reasonable or acceptable alternative.”

The inspector’s conclusion of an “over-riding national need” for renewable energy was supported by reference to legislation and government policy, including the Climate Change Act 2021, The Climate Change (Interim Targets) Regulations 2022, and the Government’s commitment to the United Nations’ Paris Agreement.

Surprisingly, whilst the Minister agreed with the inspector’s recommendation to grant approval, the Minister noted in a brief explanation that the decision was “finely balanced” and that she did not necessarily agree with the inspector’s overriding weight placed on climate change law and policy over visual amenity considerations under development plans.

The Minister further noted, without being specific, that there were “strong competing policy grounds both in favour and against permitting the proposed development.”

In light of the Isle of Man law and policy in support of renewable energy noted by the inspector, there appears to be real doubt whether an Isle of Man Court would agree with the Minister’s lesser weight on relevant planning considerations such as the Climate Change Act.

This is particularly the case following the judgment of the Republic of Ireland High Court in Coolglass v An Bord Pleanála (2025), where the judge decided that climate goals took precedence over the visual impact of the wind turbines and accordingly “they must take precedence over development plan provisions that are motivated by visual impacts.” The judgment in Coolglass is likely to be persuasive upon an Isle of Man Court considering a wind turbine planning appeal.

The Impact of the Decision

The decision to give approval to the Ballaman wind turbines will provide helpful clarity to residents of the Isle of Man that are considering applying for domestic wind turbines in the future.

The Ballaman application has been a high-profile case in which the visual impact of the turbines have been centre stage. The confirmation that climate change considerations outweigh the visual impact of the wind turbines will hopefully avoid the repeat of the long and protracted planning history experienced in the Ballaman case.

If you have any questions on the issues raised in this article, please contact Andrew Langan-Newton.