Planning Approval Notice 19/00427/B

I sle of Man <br> Gowenment

Arcadis Consulting<br>Mr M Richards<br>Rydon House<br>Pynes Hill<br>Exeter<br>EX2 5AZ

Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure)(No 2) Order 2013 In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Manx Utilities Authority, Ref 19/00427/B, for the Alterations, replacement Sewage Treatment Works and construction of a replacement bridge at Ballaugh Sewage Treatment Works Dollagh Ballaugh Isle Of Man IM7 5AS subject to compliance with the following condition(s) and notes (if any):

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.

1. No tree shown as being retained on the approved drawing, 113-rev03 shall be cut down, uprooted, destroyed, cut or damaged in any manner during the development phase and thereafter within 5 years from the date that the new sewage treatment works is operational. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests of maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

1. Prior to the commencement of the development hereby approved an arboricultural method statement, prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) shall be submitted and agreed in writing by the Department. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: To provide the additional detail required to provide a high level of confidence in the protection of retained trees and landscaped planting areas and to ensure that the approved development is implemented in accordance with these approved details.

1. Unless otherwise required by details approved under condition 5, soil amelioration and replacement tree planting shall be carried out in accordance with the approved landscape plan, drawing 135-rev03. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.

1. The arboricultural method statement referred to in condition 3 shall include measures to protect bats and birds (including timing and duration of tree removal works, and the use of soft felling, avoidance of works outside of the months of September and October and the presence of an Ecological Clerk of Works present on site to supervise the works) and mitigation measures for the loss of any roost or nesting features.

Reason: To ensure no unacceptable impact on protected species, in particular the potential to disturb potential bat maternity roosts and nesting birds

1. No works shall take place within 9 metres of a watercourse unless they are in accordance with a method statement which has first been approved in writing by the Department, and such a statement shall include details of the timing of the works.

Reason: It is important that any works to the watercourse do not have an unacceptable impact on aquatic habitats. The preferred times for works is between 1st July and 20th September, however if such works also include works to trees the requirements of condition 5 are relevant.

1. No temporary works shall be carried out on the site (including access road, temporary bridge or works compound) unless the details (including lighting, duration and measures for removal/reinstatement) have first been approved in writing by the Department and the works shall be carried out in accordance with the approved details.

Reason: The application will involve temporary works which would not be allowed under the Temporary Uses Development Order and the application has limited details of these.

1. The development hereby approved shall not commence unless a method statement has been submitted to and approved in writing by the Department which sets out how the waste generated from the site will be dealt with. The development shall take place in accordance with the approved details.

Reason: To ensure that waste from the site is properly dealt with.

1. The development hereby approved shall only be lit in emergencies or during maintenance works, unless otherwise approved under condition 8.

Reason: To avoid light pollution This approval relates to the following plans/drawings/information (all date stamped as having been received 09.04 .19 unless indicated below): o Cover letter (including statement in support of planning application) o Form, "Development within 9 m of a watercourse"

• Flood Risk Assessment
• Site Location Plan Ownership (Drawing No. 100, Revision 01)
• Site Location Plan (Drawing No. 101, Revision 02)
• Existing Topographical Survey Plan (Drawing No. 102, Revision 01)
• Existing Sections (Drawing No. 104, Revision 01)
• Proposed Site Layout (Drawing No. 110, Revision 02)
• Proposed Detailed Site Plan (Drawing No. 111, Revision 01)
• Proposed Detailed Sections (Drawing No. 112, Revision 01)
• Proposed Tree Clearance and Tree Protection Plan (Drawing No. 113, Revision 03) (date stamped as having been received 09/07/19)
• Proposed Outfalls at Stream (Drawing No. 117, Revision 01)
• Flood Maps (Drawing No. 118, Revision 01)
• Existing Ballacooiley Bridge (Drawing No. 130, Revision 01)
• Replacement Ballacooiley Bridge (Drawing No. 131, Revision 01)
• Proposed Landscape Plan (Drawing No 135, Revision 03) (date stamped as having been received 09/07/19)
• Amended Tree Clearance and Tree Protection Plan (Drawing No. 113 REV 03) and Proposed Landscape Plan (Drawing No. 135 REV 03)
• E-mails from Arcadis dated 05/12/19 (12:10), 26/04/19 (15:50) and 01/07/19 (14:06) (all received 09/07/19)
• Business Case in Support of the Replacement and/or Refurbishment of Six Manx Utilities Rural Sewage Treatment Works Facilities (dated stamped as having been received 09/07/19)
• Regional Sewage Treatment Strategy (RSTS) Integrated RBCs - Ballaugh (dated stamped as having been received 09/07/19)

Date of Issue: 30th July 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

All correspondence which led to the assessment and decision is available to view on the Government's website (via Online Services) or at the Department's offices Murray House, Mount Havelock, Douglas. https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

• Payment of a planning appeal fee as prescribed in the current Fees Order;
• The reasons for making the appeal; and
• An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning \& Building Control, Tel 685950, or to download from the Department's website https://www.gov.im/categories/planning-and-building-control/planning-applications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.