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23/10013/AIR PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/10013/AIR Applicant : BYA Limited Proposal : Information in relation to Condition 9 of 22/00399/B - Construction Environmental Management Plan Site Address : Ballacroak Farm Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ

Planning Officer: Mr Paul Visigah

Recommended Decision: Refused

Date of Recommendation: 15.11.2023

Reasons for Refusal

It is not considered that the documents, Emails, and plans received 1 March 2023, fully satisfies the requirements of Condition 9, given that none of the submitted documents provide details of times during construction when specialist ecologist need to be present on site to oversee works; the role and responsibilities on site of an ecological clerk of works; and use of protective fences, exclusion barriers and warning signs; elements which are required to satisfy part of Condition 9.

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Officer’s Report

SATISFACTION OF CONDITION 9

DESCRIPTION 1.1 This approval was granted on the condition, inter alia, that:

C 9. Biodiversity - demolition and construction No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence unless a construction environmental management plan (CEMP) has been submitted to and approved in writing by the Department.

The CEMP shall include, but not necessarily be limited to, the following; o risk assessment of potentially damaging construction activities. o Identification of "biodiversity protection zones. o Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). o The location and timing of sensitive works to avoid harm to biodiversity features. o The times during construction when specialist ecologists need to be present on site to oversee works.

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23/10013/AIR o Responsible persons and lines of communication. o The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. o Use of protective fences, exclusion barriers and warning signs.

All works carried out during the construction period shall be undertaken strictly in accordance with the approved CEMP.

Reason: In the interests of protecting the biodiversity of the environment.

2.0 PROPOSAL 2.1 The applicant has provided information to satisfy these conditions: notably, o Agent's Covering Letter to satisfy condition 9 (dated 17 February 2023); o Construction Environmental Management Plan prepared by White Rose Developments LTD, and dated 15 February 2023; o Environmental Policy Statement Prepared by White Rose Developments LTD (not dated); o Method Statement and Risk Assessment in relation to CEMP dated 15 February 2023; o Preliminary Ecological Appraisal prepared by Manx Wildlife Trust, and Dated 28 January 2020; o Ballacroak Site Plan; and o Asbestos Survey Report for Ballacroak Farm prepared by Construction Testing & Advisory Services Ltd, dated 29 September 2022.

2.2 These documents and plans meet part of the requirement of Condition 9 as they:

a. State the Condition that is being satisfied and the documents provided to satisfy the stated conditions; b. Provide a layout of site showing the construction site boundary, Ballacroak farm boundary, position of existing ditch on site, position of proposed improvement land drainage on site, existing and additional fence to site boundary, as well as location of bunded tank for fuel within the application site boundary; c. Provide details of risk assessment of potentially damaging construction activities; which includes asbestos removal; d. Identify Biodiversity protection zones on site; which includes Marshy grassland, semi-improved grassland, wasteland flora, and scrub; e. Provides details of Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (contained in the CEMP, Environmental Policy Statement, Method Statement Risk Assessment, and Asbestos Survey Report); f. Provides details of the location and timing of sensitive works to avoid harm to biodiversity features. The Method Statement & Risk Assessment stipulates that work would be only within the construction site boundary, while the CEMP stipulates working hours; g. Details of Responsible persons and lines of communication - The correspondence with the ecosystem Policy Team dated 12 April 2023 identifies who would be responsible for demolition birds and bats, and also states that Manx Wildlife Trust and the DEFA Ecosystem Policy Team would be contacted for matters related to other protected species on site; and

2.3 The submitted documents exclude: a. The times during construction when specialist ecologists need to be present on site to oversee works. The applicants note that this is not applicable at present, but if any significant species are found, that this will be reported and advice followed.

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23/10013/AIR b. Details of the role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. The Correspondence with DEFA Ecosystem Policy Team (dated 11, 12 and 13 April 2023) note that this element of the condition is not applicable at present and that this would be confirmed later.

c. Details on the use of protective fences, exclusion barriers and warning signs. Whilst the applicants note that the protective fences are on site, no evidence has been provided to show these on site or the locations that they have been positioned to define the Construction Exclusion Zones (CEZ). Also, there is no evidence that warning signs have been installed on site.

3.0 ASSESSMENT 3.1 Condition 9: Biodiversity - demolition and construction 3.1.1 The DEFA Head of Building Control & Standards has provided a written statement via an email dated 15 March 2023 which confirms that the Asbestos Survey Report provided by Construction Testing & Advisory Ltd (CTAS./2514/22) only deals with the asbestos, and details other elements of the condition that still need to be addressed by other documents. This confirms that the Asbestos element has been addressed by this report.

3.1.2 The DEFA EPU who were consulted for comments noted in their correspondence dated 14 March 2023 that they only regulate where Asbestos are disposed and that the DEFA Ecosystem Policy Team should provide advice on the satisfaction of condition as they have been working with developers on CEMPs.

3.1.3 The DEFA Ecosystem Policy Officer has provided a written statement via an email dated 13 April 2023 which confirms that the Ecosystem Policy Team are content with the details provided in submitted documents to address conditions 9.

3.1.4 The documents submitted to satisfy condition 9 have addressed most of the requirements of the condition. However, there are no documents submitted to satisfy: i. Times during construction when specialist ecologist need to be present on site to oversee works; ii. The role and responsibilities on site of an ecological clerk of works; and iii. Use of protective fences, exclusion barriers and warning signs.

3.1.5 As the submitted details do not address these elements of Condition 9, it is not considered that the requirements of this condition of has been adequately met. As such, further documents would need to be submitted to address the full requirements of the condition.

4.0 RECOMMENDATION 4.1 The following documents and plans satisfy part of Condition 9; 1. Agent's Covering Letter to satisfy condition 9 (dated 17 February 2023); 2. Construction Environmental Management Plan prepared by White Rose Developments LTD, and dated 15 February 2023; 3. Environmental Policy Statement Prepared by White Rose Developments LTD (not dated); 4. Method Statement and Risk Assessment in relation to CEMP dated 15 February 2023; 5. Preliminary Ecological Appraisal prepared by Manx Wildlife Trust, and Dated 28 January 2020; 6. Ballacroak Site Plan; and 7. Asbestos Survey Report for Ballacroak Farm prepared by Construction Testing & Advisory Services Ltd, dated 29 September 2022.

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23/10013/AIR 4.1.1 Given that none of these documents which were provided to satisfy this condition includes; times during construction when specialist ecologist need to be present on site to oversee works; the role and responsibilities on site of an ecological clerk of works; and use of protective fences, exclusion barriers and warning signs, it is not considered that the requirements of Condition 9 has been adequately met.

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I can confirm that this decision has been made by the Head of Development Management 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

Decision Made : Refused Date : 15.11.2023

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management