DEC Billown Quarry Decision Letter Dated 6TH
Planning Secretary DEFA Planning & Building Control Division Murray House Mount Havelock Douglas IM1 2SF CABINET OFFICE Government Office Douglas Isle of Man
IM1 3PN
Telephone (01624) 685280 Email: [email protected]
6th December 2023
Our Ref: 23/00001/CI
Dear Abi,
THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019
| Application No. | 22/00922/B |
|---|
| Proposal | Restoration of quarry by infill |
| Address | Billown Quarry, Foxdale Road, Ballasalla |
The application was called in by the Council of Ministers under section 11(1A) of the Town & Country Planning Act 1999, being a matter considered to be of general importance to the Island.
On 14th September 2023 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application.
Section 11(2) of the of the Town & Country Planning Act 1999 states: Where the Council of Ministers grants planning approval on an application referred to them under subsection (1) –
- a) the decision of the Council of Ministers shall be laid before Tynwald, and shall not have effect until the end of the next sitting following that before which the decision is first laid; and
- b) Tynwald may, at either of those sittings, resolve that the decision be annulled, whereupon the application shall be deemed to have been refused.
The Inspector’s report, GD2023/0105, was laid before Tynwald on 17th October 2023.
Tynwald did not resolve to annul the decision made by the Council of Ministers and therefore Council’s decision to approve the application stands, subject to the Conditions of Approval specified below.
Inspector’s Reasons for approval
There is an evidenced need for the landfill facility at Billown Quarry in terms both of the priority for identifying disposal capacity for inert waste in the Government’s Waste Infrastructure Hierarchy as set out in the Waste Strategy, and the need to infill and restore the quarry to agricultural use as required by the earlier permissions. There is no realistic alternative. As confirmed in the Environmental Impact Assessment Report, the landfill operations would not give rise to any unacceptable environmental impacts, subject to appropriate conditions. Moreover, the option to work any new reserves at a later date (prior to completion of landfill) and/or from the surface if required, would remain. There would be no conflict, therefore, with the relevant policies of the Strategic Plan or the Waste Strategy.
Conditions of Approval
- 1. The development hereby approved shall begin before the expiration of four years from the date of this permission.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
- 2. Prior to the commencement of development, a Dust Management Plan shall be submitted to and approved in writing by the Department. Operations at the site shall only be carried out in accordance with the approved Plan which shall include an assessment of impacts and any necessary mitigation measures.
Reason: In order tosafeguard theliving conditions of residents in the area and to protect the environment.
- 3. The processing and recycling hereby approved as part of the restoration landfill shall take place only within the blue area as shown on the Restoration Masterplan (Figure:4).
Reason: In order to minimise visual impact and because the development is approved as an exception to the normal presumption against development in the countryside as it relates to quarryingand associated restoration.
- 4. Other than as may be required by other conditions, no waste shall be deposited at the site other than residual inert waste following on-site segregation of recyclable material (as specified in the application and the Environmental Impact Assessment dated July 2022 and Appendix 1 Part J (Waste Acceptance Procedure)).
Reason: In order to protect environmental interests, given that the Environmental Impact Assessment was undertaken on the basis of the disposal of inert waste only, with material segregation required in order to minimise reliance on disposal by landfill in accordance with the waste hierarchy.
- 5. For as long as quarrying is ongoing at the site (but in any event no later than 15 years from the date of this permission) no more than an average of 20,000 tonnes per annum of infill waste shall be tipped at the site.
No more than an average of 50,000 tonnes per annum of infill waste to be tipped thereafter, until final waste contours are achieved pursuant to condition C8 below, or 42 years from date of this permission, whichever is the sooner.
Reason: In the interest of highway safety and protecting local amenity and to avoid the sterilisation of mineral reserve within the consented quarry extension.
- 6. On cessation of currently permitted quarrying activity at the site, or 15 years from the date of this permission, whichever is the sooner, details of the waste contours of the site at that time shall be submitted to and approved in writing by the Department, together with details of the rate of infilling since first operation and the projected fill-rate going forward. In the event that the projected fill-rate would not allow for the contours shown on Figure: 3.3 to be achieved on or before 42 years from the date of this permission, the details to be submitted shall also include an alternative restoration scheme, or an alternative method for achieving the contours shown on Figure: 3.3, together with a timetable for implementation.
Reason: In the interest of visual amenity and to avoid the unnecessary importation of virgin aggregates to the site.
- 7. Importation of waste to the site shall cease on or before whichever is the sooner of 42 years from the date of this permission, or the date the final waste contours to be agreed pursuant to condition C8 below are reached. The date of cessation is to be confirmed in writing to the Department within one calendar month of the date of the last waste receipt.
Reason: To ensure that the site is restored in a timely manner in the interest of visual amenity.
- 8. On cessation of the importation of waste pursuant to condition C7 above, the site shall be finished in accordance with final waste contours that have previously been submitted to and agreed in writing with the Department to allow for restoration in accordance with the contours as shown on Figure: 3.3, or in accordance with the details of any alternative final waste contours that may be agreed pursuant to condition C6 above. Reason: In the interest of visual amenity.
- 9. No later than one year after the cessation date confirmed pursuant to condition C7 above, all equipment, plant, buildings and fencing (subject to any other conditions of this approval) excluding asphalt plant, shall be removed from the site and the land shall have been restored to agricultural use in accordance with a final landscape masterplan that shall previously have been submitted to and approved in writing by the Department. The landscape masterplan shall include:
- i) final depth of top soil, including any details of required soil stabilisation and methods to avoid compaction;
- ii) details to demonstrate how all the topsoil and subsoil used in the restoration will be placed evenly and sequentially across the site following the final contours of the reinstated land (Figure:3.4);
- iii) details of existing and proposed soil bunds and, if relevant, their disposal;
- iv) final landscaping and land cover, including hedgerow field boundaries and tree planting;
- v) measures to improve biodiversity;
- vi) timetable for implementation; and
- vii) aftercare and management arrangements, including replacement of failed planting, for a period of at least 10 years.
Reason: To control the overall life of the landfill and to ensure that the site is restored in a timely manner in the interest of visual amenity.
- 10. Prior to the import of any materials a Soil (topsoil and subsoil) Management Plan shall be submitted to and approved in writing by the Department. Development shall be carried out in accordance with the approved Soil Management Plan, which shall include:
- i) storage methods and locations for all topsoil and subsoil, including the location, profile and height;
- ii) soil handling, cultivation and moving of vehicles or machinery over the topsoil and subsoils material;
- iii) proposed methods of movement of topsoil, subsoil and other soil-forming materials; and
- iv) proposed measures for minimising risk of compacting sub-soil and damaging the structure of top-soil to be used in the final layer of the restoration scheme.
Reason: In order to conserve prime quality soils as an irreplaceable natural resource, to minimise problems related to poor soil management during collection and storage, and to ensure that site is properly prepared for the approved landscaping.
- 11. No water, mud or contaminants shall drain, flow or be transferred by vehicle wheels on to the highway. Reason: In the interests of highway safety.
- 12. Unless otherwise required pursuant to other conditions, the boundary fences around the site shall be retained until the final restoration to agricultural use has been completed in accordance with the requirements of condition C9 above. Reason: In the interest of public safety.
- 13. The operations hereby approved, including restoration works and the use of machinery, shall only take place between 07.00-18.00 hours Monday – Friday and 07.00 – 13.00 on Saturday. Maintenance of plant in connection with the operations hereby approved may only take place between 07.00-18.00 hours Monday – Friday, between 07.00–16.30 hours on Saturdays and between 08.00-16.30 hours on Sundays. Reason: In order to protect the living conditions of local residents.
- 14. No audible reversing alarms shall be employed on any vehicle on the site, other than directional broadband multi-frequency alarms.
Reason: In order to protect the living conditions of local residents and users of the adjacent footpath.
- All machinery used in connection with the operations hereby approved, including any necessary maintenance, shall be equipped with effective silencing or solid sound-proofing to the standard of design set out in the manufacturers' specifications and shall be maintained in accordance with the relevant specification at all times.
Reason: In order to protect the living conditions of local residents and users of the adjacent footpath.
- Noise from activities on the site shall not exceed 55dBLAeq(1hr) (free field) when measured 1 metre from the façade of any noise sensitive property, except for the removal of soil and the construction and removal of landscape or baffle mounds, at which time noise from these activities shall not exceed 70dBLAeq(1hr) (free field) when measured 1 metre from the façade of any noise sensitive property.
Reason: In order to protect the living conditions of local residents.
- No fuels or oils shall be stored on the site other than within the processing/storage area coloured blue on Figure: 4.
Reason: In order to avoid pollution.
- No external lighting, other than security lighting, shall be installed on the site other than in accordance with details that have previously been submitted to and approved in writing by the Department.
Reason: In the interest of visual amenity and to prevent disturbance to wildlife.
- If at any time nesting birds are found on the site in areas which could be impacted by the operations hereby permitted, operations shall cease until the Department has been notified in writing and advice has been provided. Development shall thereafter be carried out in accordance with that written advice.
Reason: In the interest of biodiversity and the protection of wildlife. All parties should note that there is no prescribed right of appeal relevant to the Council's decision and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within three months.
Redacted
Mr Andy Ralphs Chief Executive Officer
Date of Issue: 6th December 2023
