DEC Officer Report

Application No.: 19/00397/B Applicant: Island Aggregates Ltd Proposal: Creation of a borehole (retrospective) Site Address: Cement Works Chadwicks Plant Yard Stoney Mountain Quarry Stoney Mountain Road Eairy Isle Of Man Head of Development Management: Miss Jennifer Chance Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 29.10.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions This application has been recommended for approval for the following reason.

Although the site lies in an area not designated for development, the borehole would be utilised in association with an existing on-going business and would not result in any adverse impact on the environment.

Plans/Drawings/Information; Site location plan and diagram of borehole date stamped 2/4/19 _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL

1.0 SITE - 1.1 The application site is the cement works at Chadwicks Plant Yard in Stony Mountain Quarry. This site is one of a number of similar quarry sites in the area, approximately 300 metres south east of Foxdale AFC and 200 metres south of road via which these quarries are accessed. There is a borehole which was installed approximately 2 years ago in the middle of the Plant Yard with a manhole cover approximately 0.85m above ground level.

2.0 THE PROPOSAL - 2.1 This is a retrospective application for the borehole with single water pipeline. Technical specifications have been provided for this borehole, showing an estimated depth of 50-100 metres below ground level. The borehole itself involves relatively small works above ground level, with only the cap visible. - 2.2 The applicant has confirmed that the maximum extraction rates for the borehole are 7m3(ph) for 7 hours per day, 6 days per week.

3.0 PLANNING POLICY - 3.1 The site lies in an area not allocated for development in the Area Plan for the South. The following policies in the Isle of Man Strategic Plan 2016 are relevant:

Spatial Policy 5: This policy directs new development towards defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.

General Policy 3: Provides exceptions to the general restriction of development in the countryside however this proposal does not meet any of these.

Environment Policy 1: This policy seeks to protect the countryside and its ecology for its own sake.

Environment Policy 4: This policy seeks to protect species and habitat from any adverse impacts resulting from development.

Environment Policy 22: This policy states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of pollution of sea, surface water or groundwater; airborne pollutants; and vibration, odour, noise or light.

4.0 PLANNING HISTORY - 4.1 There is no planning history for this site regarded as materially relevant to this application.

5.0 REPRESENTATIONS - 5.1 Malew Parish Commissioners have no objection to the application (01.05.19). - 5.2 Highway Services do not oppose the application (10.05.19). - 5.3 DEFA Inland Fisheries have no objection to the application (17.05.19). This comment is available in more detail on the Online Planning Application portal. - 5.4 DEFA Environmental Protection Unit wrote in respect of abstraction rates with concerns regarding the impact of abstraction rates on ground water levels (3.9.19)

6.0 ASSESSMENT - 6.1 The main issues of consideration in the assessment of this application are the potential impacts on the environment. In terms of visual implications, most of the works are underground and the only part of the proposal that would be visible would be the raised manhole covers. The visual impact of the borehole would is limited and would not adversely impact on the wider landscape. - 6.2 In terms of the impact of the borehole on the environment, it is solely the borehole that constitutes development, the abstraction of water itself is not development as defined by the Act. Legal advice has been taken in respect of whether abstraction is a material planning consideration given the potential impacts as raised by the Environmental Protection Unit. In

• neighbouring jurisdictions it is clear that it is not a matter for planning authorities as abstraction is covered by other environmental legislation for which there is an absence on the Island. Nevertheless it is concluded that abstraction levels should not be controlled by planning.
• 6.3 The proposed borehole itself would not result in any undue adverse impact on the environment and would assist with the oepration of the cement works.

7.0 INTERESTED PERSON STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

7.2 The decision maker must determine:

• o Whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o Whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

7.3 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 Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 24.08.2020

Signed : J CHANCE Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

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