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Application No.: 09/00466/B Applicant: Kniveton Ltd Proposal: Variation of condition 2 of PA 08/01042/B Site Address: Old Turkeyland Quarry Balthane Road Balthane Ballasalia Isle Of Man ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations Cronnaback Bradda Road Port Erin IM9 6PS Objects to the proposal ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Malew Parish Commissioners Notes: do not object.
The site defined in red represents part of the curtilage of Old Turkeyland Quarry, now almost completely infilled and used for a variety of purposes including the manufacture of blocks, the sorting and temporary storage and some treatment of waste including asbestos and waste from the Energy From Waste Plant. The part of the site which is the subject of this application represents the northern corner of the site.
The site is accessed through Balthane Industrial Estate and on past the estate, past new Turkeyland Quarry which is a working quarry which has permission both for extension and infilling.
Recent applications which have been submitted in respect of this site are: PA 97/1829 for the extension to the blockworks kiln which was permitted PA 07/1611 - variation of the existing permission for the creation of a facility for the processing and maturation of bottom ash from the Energy From Waste Plant - permitted
PA 08/1042 - temporary operation of a mobile ashphalt plant - permitted PA 08/2343 - operation of a waste transfer facility for the temporary storage of asbestos prior to despatch for final disposal - permitted.
Prior to this, applications were submitted as follows, indicating how long the site has been used for the processing of material:
IDO 5064 - crushing plant for the processing of limestone for roadworks and agriculture - permitted 1948 IDO 11788 - new grinding mill and storage bins - permitted 1956 IDO 23718 - approval in principle for siting of new buildings - permitted 1967 IDO 24079 - new buildings - permitted 1968 IDO 31807 - extension to quarry - permitted 1972 IDO 45275 - erection of office building - permitted 1977 IDO 48954 - erection of office accommodation - permitted 1979.
Proposed is the variation of the terms of PA 08/1042 - the temporary operation of a mobile asphalt plant which was permitted on the basis of it being required for the works necessary to re-surface and extend the Island's principal runway at Ronaldsway Airport. The conditions of that permission were: "1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
The noise measurement shall be made according to BS 4142:1997.
The nature of the change of condition 2 now proposed is to retain the plant on site after the time specified and to be able to use this for a period of up to 3 months during this period. Whilst the planning approval granted did not specify a finite period beyond which the plant could not operate rather it tied the operation and retention of the plant to the runway works, the planning application states that "Planning permission is sought for a period of seven months from June to December, 2008". The applicant has considered it appropriate to apply for a new permission to cover an additional period until June 2010 where the plant will be retained but not operated other than a period of three months within this time. The reason for this relates to a delay in the construction of the promontory and the asphalt for the surfacing of the extended runway being undertaken later than the operator of the asphalt plant first envisaged.
Department of Transport Highways and Traffic Division and Malew Parish Commissioners indicate that they do not oppose the application.
The part owner of Ballawoods Farm (occupant of Cronnaback, Bradda Road, Port Erin) object to the application on the basis that the site is encroaching by stealth into the countryside and is appearing as a blot on the landscape. They query what constitutes a 2m high bund and suggest that the lack of planting on the bund has lead to lights and noise from the site being "unbearable".
ASSESSMENT
The proposal is in accordance with the spirit of the approval granted in that the plant could be retained and used only in accordance with the runway project. The premise for the original approval has not changed and to re-iterate the conclusion in respect of PA 08/1032, "The provision of the plant so close to the end use site is to be encouraged and there are few suitable locations where such operations could be carried out so far from residential property. As such, the application is recommended for approval."
The same conditions as were applied in respect of PA 08/1032 should be applied to this permission. The condition to be varied relates to the plans and information submitted with that application only insofar as the time specified in the application relates to December 2008 after which the plant would be removed.
The applicant has met with the objectors and has explained that they have no control over the former railway embankment and as such cannot introduce planting on it without the permission of the owner (Department of Transport). The 2m high bund as shown in the previous application was not intended to screen completely the proposed equipment as is shown in the submitted visualisations. The proposed application does not change the nature of what has permission, only the times of operation of this equipment. The applicant has tried to reduce the impact of the operation of the equipment, which is really a matter for the enforcement of the conditions of the previous approval.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Ballawoods is specifically referred to in the schedule of conditions and as such should be afforded party status in this instance. Recommendation Recommended Decision: Permitted Date of Recommendation: 27.06.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
20 July 2009 09/00466/B Page 3 of 4
C 2. This permission relates to the temporary operation of an asphalt plant as shown and described in the plans reference FIG 01-06 inclusive received on 21st May, 2008 in respect of PA 08/1032, except insofar as the plant is no longer proposed to be removed before December, 2008, and plan reference Figure 2 received on 16th March, 2009 in respect of this latest application.
C 3. Operation of the asphalt plant in the evening and at night (1900-0700 hrs) shall only be for production of asphalt for the construction of the Ronaldsway Airport Runway End Safety Area exluding taxi ways etc.
C 4. The specific level of the noise emitted from the asphalt plant site shall not exceed LAeq, 1 hour (free field) 47 dB at Ballawoods and 39 dB at Ballahick Farm.
The noise measurement shall be made according to BS 4142:1997. C 5. Upon completion of the runway works which require material from the proposed asphalt operation, all plant must be removed from site within three months.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : Signed : Senior Planning Officer
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