9 August 2018 · Council of Ministers (based on Independent Inspector Michael Hurley's report)
Field 432440 And Part Field 432475, Adjacent Billown Quarry, Foxdale Road, Ballasalla, Isle Of Man, IM9 3dn
The proposal involved extending the existing Billown Quarry westward into Fields 432440 and part of 432475, adjacent to Foxdale Road, Ballasalla, covering 2.35ha of Classes 1-2 agricultural land.
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The inspector concluded there is a demonstrable national need for the limestone extension as Billown provides essential bitumen-affinity aggregate for asphalt (sole private source, reserves at 6 month…
Strategic Policy 1
Optimise re-use of indigenous materials; extension provides essential local hard rock, avoiding imports.
Strategic Policy 2 - Priority for new development to identified towns and villages
Mineral extraction permitted in countryside if criteria met; need demonstrated, impacts controlled.
Strategic Policy 4
Protect archaeology/landscape; slight visual effect mitigated by bunds, archaeology by investigation.
General Policy 3
Supports minerals in countryside subject to tests; all passed via conditions.
Environment Policy 1
Presume against countryside harm unless overriding need; national minerals need overrides.
Environment Policy 14
Safeguard Classes 1-2 land unless overriding need; 2.35ha loss indefinite but need for minerals/ultimate restoration justifies.
Environment Policy 22
No unacceptable harm to amenity from pollution; dust/noise/vibration controlled by conditions.
Minerals Policy 1
Permitted if need demonstrated (yes), no unacceptable amenity/landscape/archaeology/ecology/hydrology effects (mitigated), highway safe (no change), phased restoration (conditioned); national need exceptionally overrides.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Archaeological investigation
The development must be undertaken in accordance with the Written Statement of Investigation submitted as part of the application; and, in addition, Manx National Heritage must be informed 14 days before the commencement of operations and given access at all times, and reasonable opportunity to inspect the site, observe all excavations, and investigate any archaeological features exposed.
Working hours
Working of the quarry, including the provision of machinery by staff, shall be carried out only between 0700 and 1800 hrs on Mondays to Fridays and 0700 to 1300 hrs on Saturdays. Maintenance of plant may be carried out within these hours and between 0700 and 1630 hrs on a Saturday and between 0800 and 1630 hrs on a Sunday. There shall be no working outside these hours, unless otherwise approved in writing by the Department.
Phased development and restoration
The development hereby permitted shall proceed in three phases as shown in Figures 3.1-3.3 of the Environmental Impact Assessment (EIA) Report received on 14th February 2018. Initial restoration of the enlarged quarry shall be to the profile shown in Figure 3.4 of the EIA Report. Work on this stage of the restoration shall proceed during Phase 1 of the development hereby permitted. Prior to the commencement of Phase 3, a planning application for the full restoration of the enlarged quarry, to a condition suitable for the resumption of agricultural use, must be submitted to, and approved by, the Department. This application must include: details of the materials to be deposited; a programme for the restoration works; the profiles to be achieved at each stage; the means of controlling the impact of the restoration works on the environment, and on residential amenity; and the final form of landscaping. It must also take account of the need to preserve access to potential future supplies of hard rock. The full restoration work, as approved, shall begin after the completion of Phase 3 of the development hereby permitted, and shall be completed in accordance with the approved programme.
Dust management
The development shall not take place other than in accordance with the Dust Management Plan set out at Section 9.3 of the EIA Report received on 14 February 2018.
Blasting hours
No blasting shall be carried out on the site except between 1000 and 1600 hrs on Mondays to Fridays. There shall be no blasting on Saturdays, Sundays or public holidays. This condition shall not apply in cases where the safety of personnel on the site, or the public in the locality, would be put at risk by prohibition of blasting operations. The Department must be notified of the nature and circumstances of any such event.
Blast vibration limits
Ground vibration as a result of blasting operations shall not exceed a peak particle velocity (ppv) of 6mms-1 in 95% of all blasts measured over a 12 month period, and no individual blast shall exceed a ppv of 12mms-1, as measured at vibration sensitive buildings. The measurement shall be taken at three mutually perpendicular directions at the ground surface of any vibration sensitive building.
Blast monitoring
The quarry operator shall give the Department 5 working days' notice of routine (non-emergency) blasting operations. Monitoring of ground vibration shall be undertaken at 'Skibrick' and 'Maggie's Cottage'; and, in addition, in the event of complaint, the next reading must be undertaken at the complainant's property.
Air overpressure scheme
No development may commence until a scheme for the control of air overpressure has been submitted to and approved by the Department, and the development must be undertaken in accordance with these details.
Machinery silencing
All machinery used in connection with the operations hereby approved, and in any maintenance of the site, shall be equipped with effective silencing equipment or solid sound proofing, to the standard of design set out in the manufacturer's specification, and shall be maintained in accordance with that specification at all times throughout the development.
Reversing alarms
No audible reversing alarms shall be employed on any vehicle on the site, except directional broadband multi frequency alarms, unless otherwise approved in writing by the Department.
Noise limits
Noise emitted from the site shall not exceed 55 dBLAeq(1hr) (free field) when measured 1m 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 will not exceed 70 dBLAeq(1hr) (free field) when measured 1m from the façade of any noise sensitive property.
Peripheral bund
No excavation may take place until such time as the bund shown in Figures 3.1, 3.2, 3.3, and 3.5 has been introduced. This must be topsoiled, and seeded or turfed, in the first seeding season following its introduction.
Topsoil/waste restriction
Other than in accordance with an approved restoration scheme, no topsoil may be removed from, nor waste material deposited within, the site.
200m dwelling buffer
Within the quarry extension hereby permitted, no excavation, working or storage of any materials shall take place within 200m of any dwelling.
no objection
no change to access/traffic generation
supports void for inert waste disposal
least archaeological impact of potential sites; supports with archaeological condition/brief; vegetated bund offsets hedgerows; supports ag restoration
high-value soil; opportunity for limestone grassland restoration
Multiple consultees including Manx National Heritage, Highways, Malew Parish Commissioners, DOI Waste Management Unit, and DEFA Environmental Protection Unit responded to the quarry extension application with no objections, some conditional recommendations, and supportive comments on archaeology, waste management, and restoration.
Manx National Heritage
Conditional No Objectionthe applicant has been able to assess the level of risk to the development posed by archaeological remains and to plan realistically for the type and extent of mitigation required; We support the longterm restoration scheme for the site which proposes the eventual infill of the quarry void and a return to agricultural use
Conditions requested: Written Scheme of Investigation must conform to MNH conditions for archaeological excavation licence
Highway Services Division
Conditional No ObjectionHighway Services does not oppose this application subject to planning conditions for the diversion of the PROW to be undertaken and implemented on site prior to first use of the site extension, and for appropriate wheel cleaning facilities to be made permanently available on the site
Conditions requested: planning condition to prevent any use of the proposed site extension until the PROW diversion order has been approved and implemented on site; wheel cleaning facilities and fixed water spray heads to be used on the site to ensure roads on and off site are kept clear of mud, dust and loose material
DOI Waste Management Unit
SupportThe 'ideas for the site' set out by Colas in its covering letter could address this situation and, subject to its approval by Tynwald, support the high level need identified in the revised Waste Strategy
Malew Parish Commissioners
No ObjectionMalew Parish Commissioners have no objection
DEFA Environmental Protection Unit
No ObjectionIf the maximum flow rate of the discharge varies the applicant will be required to contact the Environmental Protection Unit for the relevant discharge license to be reviewed and amended
