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Application No.: 23/10074/AIR Applicant: Delgatie Limited Proposal: Information in relation to conditions 14, 15 and 16 for PA 20/01467/B for the discharge of storm, surface and foul water. Site Address: Marine Biological Station Breakwater Road Port Erin Isle Of Man IM9 6JA Acting Head of Development Management: Abigail Morgan Recommended Decision: Permitted Date of Recommendation: 13.06.2024
Conditions and Notes for Approval N : Notes attached to conditions
NOTE. While the conditions relate to controlling/restricting discharge into the sea, which in this instance having discussed with the officers who requested the additional information is taken to be pollutants and/or silt entering the sea to protect the marine nature reserve and the water quality of the bay (as per the reason for the conditions) the proposals make provisions to ensure that the water quality entering into the sea is sufficient for these reasons.
It is noted by one of the consultees that the agents for the applicant in their submission make reference to provision of appropriate information and considered that there is some further information that would be required and this is covered below.
In this instance of the submission of the following (and after consultation with the consultees, who are happy with the level of detail);
Condition 14 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the development shall be carried
In relation to conditions 15 and 16 the principles and proposed layout of the surface water and foul water drainage systems are considered acceptable. However it is noted that the submitted information is generic with the plans making reference to final details of the
installation in accordance with the manufacturer's details and therefore once these have been decided to comply with the latter part of the conditions they would need to be agreed/approved and thereafter permanently retained in accordance with the approved maintenance system, and as set out below.
Conditions 15 and 16 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the relevant drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.
It should also be noted that consents/licences under the following may be required; Water Pollution Act 1993 Byelaw 5 of the Manx Marine Nature Reserves Byelaws 2018, which states;
Plans/Drawings/Information;
This decision is related to the submitted documents 24-21059-0-170-P1 Standard Civils Notes, 24-21059-0-500-P1 Drainage Layout, 24-21059-IssueRegister submitted on the 28.04.2024 and C14 and 16 document, 15 surface water information, Letter for satisfaction
1.0 Description - 1.1 The proposed application 20/01467/B for the erection of a building to provide exhibition space, retail, apartments and restaurant with associated parking spaces (relating to PA 19/00373/A) was approved on 28.03.2022 subject to 49 conditions some of which required submission of additional information prior to the commencement of works. - 1.2 This report is specific to Conditions 14, 15 and 16 which the applicants are seeking to satisfy. - 1.3 Specific wording of the conditions are as follows:
Linear Drain The development hereby approved shall not progress above lower ground level until there has first been submitted to the Department in writing to be agreed, details of the proposed linear drain as shown on Proposed Drainage Strategy drawing 100217_03_500_01 dated 28.03.19 Rev D dealing with run off/discharge from the rock face to the adjacent land, including amenity space, and management thereof. No part of the development shall be occupied until the agreed drainage strategy has been implemented. The development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter.
Reason: To ensure that the amenity of future occupiers of the development is protected and that there is adequate infrastructure in place.
Notwithstanding the details shown on Proposed Drainage Strategy drawings 100217_03_005_01 Revision D dated 287.03.19 no development shall take place, other than works of demolition, until details of works for the disposal of storm and surface water, including any required attenuation and/or storage, has first been submitted to the Department in writing to be agreed. The strategy shall not include any discharge to the sea or the use of storm overflows. No part of the development shall not [sic] be occupied until the agreed drainage strategy has been implemented. The surface water drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.
Reason: To ensure that there would be adequate infrastructure in place for the disposal of surface water arising from the development in an area adjacent to a tidal flooding zone and to protect the Marine Nature Reserve and Bathing water quality.
Notwithstanding the details shown on Proposed Drainage Strategy drawings 100217_03_005_01 Revision C, no development shall take place, other than works of demolition, until a foul water drainage strategy, detailing any on and / or off site works that may be needed to dispose of foul water from the development and to safeguard the development from foul water flooding, has first been submitted to the Department in writing to be agreed.
No part of the development shall be occupied until the agreed drainage strategy has been implemented. The strategy shall not include any discharge to the sea or the use of combined sewage overflows. The foul water drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.
REASON: To ensure that there would be adequate infrastructure in place for the disposal of foul water arising from the development and to protect the Marine Nature Reserve and Bathing water quality.
2.0 Background to the conditions
The initial Drainage Strategy submitted with the application made provision for the following;
Given that the site is located adjacent to a Nature Marine Reserve the consultees raised concerns about discharge from the site; especially an unrestricted and potentially contaminated discharge (as proposed on Drawing 100217_03_500_01 Revision C), as this could result in harmful pollutants, such as foul water, PAHs (from car parks) nutrients, pesticides and microbiological contaminants, entering and negatively impacting the protected marine environment.
They requested that updated proposals are provided to ensure that there is NIL impact to the MNR from foul, storm and surface water and they suggested conditions.
A request was also made in relation to marine monitoring and mitigation, in order to assess the impact pre, during and post construction of the development on the MNR and determine if the measures to be implemented to protect the MNR are working.
The latter point is addressed at paragraph 7.5.9 of the officer's report. A condition requiring monitoring was considered to fall outside the remit of the current planning application, as there has not been identified any ecological baselines which the proposed scheme would alter and which needs to be protected via a monitoring condition. Notwithstanding this the above conditions 15 and 16 do require any approved 'system to be permanently retained thereafter in accordance with the approved maintenance scheme'.
It should be noted for conditions 15 and 16 the reasons for them are to ensure adequate infrastructure is in place for the disposal of surface and foul water arising from the development and to protect the Marine Nature Reserve and Bathing water quality [my underlining].
2.0 Proposal - 2.1 The applicant's agent have now submitted the following drawings and details;
It is noted that some of the themes / topics in the DICE letters have since been superseded by amendments to the proposal in principle as set out in the letter of satisfaction.
2.2 These documents include a plan of site showing the various proposed drainage strategy elements including linear drainage, storm and surface water disposal, foul water drainage strategy and any existing Manx Utilities Authority equipment including various connections and manhole positions. The plans also includes details of how the various surface water will be discharged and details of the foul water management for the site. - 2.3 The submitted letters also clarifies the discharge methods across the site.
The agent for the applicant considers that the submitted information complies with the requirements of the condition and its reason for being imposed as in relation to the surface water the proposals will ensure a nil discharge through the use of a retention separator and full treatment to ensure it is clean water. The proposed system does not include any discharge to the sea nor the use of combined sewage overflows, it connects into the existing combined sewerage system.
3.1 The following consultees were consulted for advice on the satisfaction of condition below is a summary please refer to the website for the full comments;
It is considered that these comments mostly stand in relation to licencing and that uncontaminated surface water does not require a discharge licence.
The advice received after their review of the updated submitted documents, concludes that they confirm that the information satisfies the relevant clauses.
4.1 While the conditions relate to controlling/restricting discharge into the sea, which in this instance having discussed with the officers who requested the additional information is taken to be pollutants and/or silt entering the sea to protect the marine nature reserve and the water quality of the bay (as per the reason for the conditions) the proposals make provisions to ensure that the water quality entering into the sea is sufficient for these reasons. - 4.2 It is noted by one of the consultees that the agents for the applicant in their submission make reference to provision of appropriate information and considered that there is some further information that would be required and this is covered below. - 4.3 In this instance of the submission of the following (and after consultation with the consultees, who are happy with the level of detail);
4.4 Condition 14 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter. - 4.5 In relation to conditions 15 and 16 the principles and proposed layout of the surface water and foul water drainage systems are considered acceptable. However it is noted that the submitted information is generic with the plans making reference to final details of the installation in accordance with the manufacturer's details and therefore once these have been decided to comply with the latter part of the conditions they would need to be agreed/approved and thereafter permanently retained in accordance with the approved maintenance system, and as set out below. - 4.6 Conditions 15 and 16 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the relevant drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.
4.8 It should also be noted that consents/licences under the following may be required; Water Pollution Act 1993 Byelaw 5 of the Manx Marine Nature Reserves Byelaws 2018, which states;
I can confirm that this decision has been made by the Director of Planning and Building Control 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.
Signed : J CHANCE Jennifer Chance
Director of Planning and Building Control
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