Planning and Environmental Impact Statement

• 5.0 Assessment and conclusion
• 5.1 The site is not designated for development on the Foxdale Local Plan and the draft Area Plan for the north and west (noting that the latter document was not approved when placed before Tynwald). There is therefore a presumption against development (General Policy 3) and a presumption against development which would be harmful to the character and appearance of the area (Environment Policy 1), would result in unacceptable loss of trees (Environment Policy 3), unacceptable loss of ecology (Environment Policies 4 and 7), unacceptable impact on highway safety (Transport Policy 4) or would result in unacceptable impact through contamination or pollution (Environment Policy 22).
• 5.2 Whilst the site is not designated for development, General Policy 3 makes provision which is recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative. The current condition of the reservoir is such that it cannot continue to function without significant risk of flood and contamination spread. The potential damage to downstream property and risk to life are considered to represent overriding national need in this case. The policy also requires consideration to be had to alternatives and the applicant has considered de-commissioning the reservoir as a water retaining facility, lowering the water level or repairing the embankments and allowing the restoration of the pre-2018 water levels.
• 5.3 The surveys and reports which have been commissioned and which are attached as part of this application demonstrate that in all cases - ecological, flood risk, spread of contamination, dealing with unexploded ordnances and impact on the enjoyment of the footpath and surrounding land, including residential property - the option of repairing the reservoir results in the least impactful and potentially most beneficial impact on the environment.
• 5.4 The proposal demonstrates not only what will happen on completion of the works but also how the works could be implemented without harm through spread of contamination or to ecology although the final working strategy will be a matter for the appointed contractor.
• 5.5 The timing of the works is critical, with site clearance ideally to be undertaken between September and February - outwith the bird nesting and breeding season and ideally with water draw down occurring between March and October although there are means by which works could be undertaken outwith these periods without risk of harm to either sensitive receptor.

• 5.6 The accompanying information demonstrates that the proposal will result in a beneficial impact on the environment through the removal of potential future flood risk and spread of contamination and also reducing the continued risk of the spread of airborne contamination following the lowering of the water levels post 2018. The works will result in a negligible impact on the appearance of the reservoir thus satisfying the overall landscape strategy objective of conserving and enhancing the character, quality and distinctiveness of the area.
• 5.7 The land ownership in and around the reservoir is varied with a number of parties owning land which is part of or is affected by the proposed works. If it transpires that not all of the land is available to enable the implementation of the full suite of works shown in this application either all at the same time, or at all, we would submit that it is possible that parts of the scheme can be undertaken without others - for example, the works to one of the two embankments could be undertaken without the proposed works also being undertaken to the other - without undermining the benefits of those parts of the scheme which are being undertaken. It is the case however than until both embankments are strengthened the raising of the water level cannot be undertaken.
• 5.8 The applicant would expect conditions to be attached which, inter alia, requires the development to be undertaken in full compliance with the strategies contained within the accompanying reports, for tree planting and ecological mitigation to be undertaken in accordance with the information provided and if necessary, in accordance with further details to be submitted to and approved by the Department.

Sarah Corlett 19th December, 2025