Officer Report

Application No.: 16/00964/B Applicant: Island Aggregates Ltd Proposal: Creation of a water borehole Site Address: Island Aggregates Site At Oatlands Quarry Oatlands Road Santon Isle of Man Case Officer : Mr Edmond Riley Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of land associated with Island Aggregates' site at Oatlands Quarry, off Oatlands Road, which is a minor highway connecting the main A5 (to the northwest) with the Old Castletown Road (to the southeast). The site is accessed from the farm track associated with the nearby Oatlands Farm; it cannot be seen readily (if at all) from public positions. Concrete is manufactured at the site.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the creation of a borehole with a view to obtaining water for use in concrete manufacture and vehicle cleansing / land irrigation. - 2.2 A generic diagram showing a borehole from side-on has been submitted with the application, along with a plan showing its location towards the northeast of the application site. As boreholes are variable in size - the depth depending on where water can be found - it is not unreasonable that exact information has not been provided. The borehole would be capped with a manhole 600mm in diameter, and the water found siphoned horizontally roughly 250mm below the surface.

3.0 PLANNING HISTORY - 3.1 The site and the surrounding area have been the subject of a number of applications relating to quarrying, signage and also to agricultural buildings. None of these is considered material to the assessment of what is an uncommon proposal. - 3.2 Elsewhere on the Island, there have been a few applications seeking approval for the installation of a borehole and, from 1982 onwards, each has been approved.

4.0 PLANNING POLICY - 4.1 The site lies within land zoned as being of High Landscape Value and Scenic Significance on the 1982 Development Plan; it is also zoned as being an 'Area for Reclamation', which presumably reflects a longer-term desire to return the land to a more rural character once the industrial processes undertaken cease.

4.2 Being mindful that the site cannot be seen from public positions but moreover that the sole change in the appearance of the land is the proposed manhole cover, there are not really any policies that apply to such development proposals. Probably of most relevance is Environment Policy 22 of the Strategic Plan, which sets out that development resulting in "pollution of sea, surface water or groundwater…will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties".

5.0 REPRESENTATIONS - 5.1 The Department of Economic Development notes that the applicant should be aware that Section 29 of the Minerals Act requires that that Department should receive notification if a 15+m borehole is to be undertaken. This comment was received 26th August 2016. - 5.2 The Fisheries Directorate within the Department of Environment, Food & Agriculture note that the proposed borehole would appear to lie within the catchment of the Grenaugh Stream, which is known to contain trout. They offer no objection subject to the stream's hydrology not being affected by the proposal, but indicate it would not be possible to comment on this on the basis of the information provided. These comments were received 8th September 2016. - 5.3 Highway Services of the Department of Infrastructure explained that the proposal had no highway implications on 2nd September 2016. - 5.4 Santon Commissioners are of the view that an informed decision cannot be made until a professional assessment of the effect of siting a borehole at this location in terms of local hydrology has been provided. These comments were received 24th August 2016.

6.0 ASSESSMENT - 6.1 The development proposed would not materially harm the character or appearance of the site, or prevent its reclamation in due course in future. The manhole proposed is too small and appropriately located within the site to have any such impact. The issue, then, is to do with the borehole itself and how it would affect the ground and watercourses in the area. - 6.2 The comments made in respect of the impact on the local hydrology are understood and, although they are potentially capable of constituting a material planning consideration, they do not appear to have been raised in respect of previous applications for boreholes. The Wildlife Act is an appropriate mechanism for addressing impact on protected species, and it is noted that trout do appear as a protected species under Schedule 5 of that Act. - 6.3 However, the agent to the application has explained that a condition requiring the submission of a geological survey would be acceptable. Such a survey is ordinarily undertaken in advance of the creation of a borehole, in order to reach an assessment as to whether or not the borehole is viable, and it would also include reference to hydrological impacts as well. Therefore, since this is something the applicants would likely be undertaking in any case, and noting the points raised in respect of this application, it is not unreasonable to include such a condition on this particular occasion.

7.0 RECOMMENDATION - 7.1 It is recommended that the application be approved subject to the condition discussed.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o 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;
• o Highway Services of the Department of Infrastructure, and
• o The local authority in whose district the land the subject of the application is situated.

• 8.2.1 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
• 8.2.2 In this instance, it is considered that the following persons do not have sufficient interest and should not be awarded the status of an Interested Person:

• o The Fisheries Directorate fall within the same Department as the Planning & Building Control Directorate, while
• o The Department of Economic Development have not made comments material to the determination of this application.

Recommendation Recommended Decision: Permitted Date of Recommendation: 26.10.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No works shall be undertaken until a geological survey has been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In order to understand the hydrological impacts of the proposed borehole on local watercourses.

The development hereby approved relates to the Site Plan, Location Plan and Drawing TEC 12/11, all date-stamped as having been received 12th August 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 31.10.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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