DEC Officer Report

Application No.: 22/10001/AIR Applicant: Delgatie Limited Proposal: Planning application 20/01467/B - Application seeking to discharge conditions 10, 40, 42 and 43 Site Address: Marine Biological Station Breakwater Road Port Erin Isle Of Man IM9 6JA Planning Officer: Mr Paul Visigah Recommended Decision: Permitted Date of Recommendation: 30.01.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

It is considered that the documents, letters and emails received 14 October 2022, 16 November 2022, 25 November 2022, 13 December 2022 satisfies conditions 10, 40, 42 and 43 of the approval although these conditions will not be fully satisfied until such times as the works indicated on the documents and plans have been carried out in full and retained as such. __________________________________________________________________________

Officer’s Report SATISFACTION OF CONDITION 10, 40, 42 and 43 DESCRIPTION

1.1 This approval was granted on the condition, inter alia, that: C10. Demolition (inc protection of rock face)

No development shall take place, including any works of demolition, until a dust, noise vibration management plan and any potential run off has first been submitted to the Department in writing to be agreed.

The plan shall detail timing of said works, measures for the control and reduction of dust and noise emissions associated with demolition, earthworks, construction and track out, and arrangements for protection and monitoring of the rock face and any run off into the Marine Nature Reserve. The development shall be carried out in accordance with the plan so agreed. Any rock face protection shall not include netting.

Reason: To ensure that measures are put in place to manage and reduce dust emissions during demolition and construction to safeguard local amenity and to ensure rock face and

bird habitat and the Marine Nature Reserve is not affected by the demolition or construction.

C40. Birds/Biodiversity - demolition and construction

No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence unless a construction environmental management plan (CEMP) has been submitted to and approved in writing by the Department. The CEMP shall include, but not necessarily be limited to, the following;

• o risk assessment of potentially damaging construction activities.
• o Identification of "biodiversity protection zones, such as coastal grassland vegetation and maritime hard cliff and coastal grassland, orchid areas and Port Erin Bay Marine Nature Reserve and specific species to include common lizards, breeding birds, bats)".
• o Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
• o The location and timing of sensitive works to avoid harm to biodiversity features.
• o The times during construction when specialist ecologists need to be present on site to oversee works.
• o Responsible persons and lines of communication.
• o The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
• o Use of protective fences, exclusion barriers and warning signs.
• o All works carried out during the construction period shall be undertaken strictly in accordance with the approved CEMP. Reason: In the interests of protecting the biodiversity of the environment.

• C42. Biodiversity Monitoring, Mitigation and Compensation

No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence until a biodiversity monitoring and mitigation strategy for Fulmars, Herring Gulls has been submitted to, and approved in writing by, the Department.

The purpose of the strategy shall be to monitor the effects of development and subsequent

• occupation on that status. As a consequence appropriate mitigation, remediation or compensatory measures may be required. The content of the Strategy shall include, as a minimum, the following.
• o Aims and objectives of monitoring.
• o Identification of adequate baseline conditions prior to the start of development.
• o Appropriate success criteria, thresholds, triggers and targets against which the impacts of the development can be judged.
• o Methods for data gathering and analysis.
• o Location of monitoring.
• o Timing and duration of monitoring (at least 5 years).
• o Responsible persons and lines of communication.
• o Appropriate success criteria, thresholds, triggers and targets against which the impact of the development can be judged.
• o Reporting, review, and where appropriate, publication of results and outcomes.

A report describing the results of monitoring shall be submitted to the Department at intervals identified in the strategy. The report shall also set out how contingencies and remedial action will be identified, agreed with the Department and then implemented. The

development shall be carried out in strict accordance with the approved biodiversity monitoring and mitigation strategy.

Reason: In order to protect and enhance biodiversity in the environment.

• C43. Ecological Design and Mitigation Strategies

No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence unless an ecological design strategy (EDS) addressing mitigation, compensation, enhancement and restoration has been submitted to and approved in writing by the Department. The EDS shall include, but not necessarily be limited to, the following:

• o Purpose and conservation objectives for the proposed works.
• o Review of site potential and constraints.
• o Detailed design and working method to achieve the stated objectives.
• o Extent, location and specifications of the proposed works on appropriately scaled maps and plans.
• o Type and source of materials to be used where appropriate, e.g. native species of local provenance.
• o Timetable for implementation demonstrating that works are aligned with the proposed phasing of development.
• o Persons responsible for implementing the works.
• o Details of initial aftercare and long-term maintenance.
• o Details for monitoring and remedial measures.
• o Details for disposal of any wastes arising from works. The strategy shall have particular regard to, but not necessarily limited to, the Fulmars, Herring Gulls The development shall be carried out in strict accordance with the approved EDS. Reason: In order to protect and enhance biodiversity in the environment.

PROPOSAL

2.1 The applicant has provided information to satisfy these conditions: notably, Agent statement on demolition (dated 25 November 2022), an email form Agent (dated 25 November 2022), Risk Assessment on Demolition (dated 14 October 22), Agent's Statement for Construction Environmental Management Plan (dated 13 December 2022), Construction Environmental Management Plan prepared by Manx Wildlife Trust Consultancy (dated December 2022), Correspondence between the applicants and DEFA Building Control regarding Risk Assessment on Demolition, Agent's Statement for Biodiversity monitoring and mitigation strategy, Biodiversity monitoring and mitigation strategy prepared by Manx Wildlife Trust Consultancy (dated December 2022), Agents Statement for Ecological Design Strategy and Ecological Design Strategy prepared by Manx Wildlife Trust Consultancy (dated November 2022), which shows details of:

• i. The Conditions that are being satisfied and the documents provided to satisfy the stated conditions;
• ii. Assessment of the associated with Asbestos removal and Mechanical Demolition Activities to be carried out within the site;
• iii. How the development could be carried out to mitigates any significant adverse impacts upon the ecological/biodiversity interest of the site;

• iv. Table of action for site team to use and sign off to ensure integration of environmental/ecological measures;
• v. Detailed scheme prescription for nesting bird protection on the site;
• vi. What impacts (positive or negative) the consented development will have upon an existing breeding population of Herring Gull and Northern Fulmar at the survey site. This will then inform an agreed plan of proportionate remedial action/compensation;
• vii. Additional surveys for Herring Gull, Fulmar, and Chough species which are known to have nested within the proposed development site and which have the potential to be impacted by the development through the loss of current or historic breeding sites. This is to allow DEFA to determine appropriate levels of ecological compensation, should it be needed;
• viii. Ecological Design Strategy (EDS) which includes how the proposed development would:

• o Ensure optimal protection and benefit to biodiversity at the site,
• o Protect the Favourable Conservation Status (FCS) of breeding birds on the site through the protection of existing cliff nesting sites, compensation measures, sensitive working practices and monitoring.
• o Preserve the value of the site for foraging and potentially roosting bats through sensitive working practices and compensation measures.
• o Protect Port Erin Bay Marine Nature Reserve from any wastes arising from works.

2.2 Following request for additional and revised information by the Ecosystem Policy Team, the applicant has provided amended documents accompanied by an email (dated 16 January 2023) which details the revised documents that has been provided and the conditions the revised documents refer to. The additional documents are:

• a. Construction Environmental Management Plan to address Condition 40;
• b. Biodiversity monitoring and mitigation strategy - Herring Gull (Larus argentatus) and Northern Fulmar (Fulmarus glacialis) to address Condition 42; and
• c. Ecological Design Strategy to address Condition 43

2.3 The Ecosystem Policy Officer has provided a written statement via an email dated 27 January 2023 which confirms that they are content with the details provided in amended documents.

RECOMMENDATION

3.1 The documents, letters and emails received 14 October 2022, 16 November 2022, 25 November 2022, 13 December 2022 satisfies conditions 10, 40, 42 and 43 of the approval although these conditions will not be fully satisfied until such times as the works indicated on the documents and plans have been carried out in full and retained as such.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 21.02.2023 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner