8 March 2019 · Planning Committee
Field 315179, Glenfaba Road, Peel, Isle Of Man, IM5 1ds
The Department of Infrastructure proposed constructing a temporary lagoon (up to 8,900m² footprint, 4m high bunds) in Field 315179 at Ballaterson Farm, plus temporary pipelines along the River Neb to transport dredged sediment from Peel Marina for dewatering and storage up to 5 years, with subsequent decommissioning an…
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The officer recognised an established need to dredge Peel Marina to maintain published water depths of 2.5m, prevent operational closure and support local economy, as backed by National Infrastructure…
Strategic Policy 7
Protects undeveloped industrial land. Site zoned Predominantly Industrial; temporary loss acceptable as restored after 5 years, Employment Land Review shows sufficient supply elsewhere.
General Policy 2
Requires no adverse effects on landscape, wildlife, amenity, highways, safety. Multiple sub-clauses tested via EIA; minor impacts on landscape/views/PROWs accepted as temporary with conditions; finely balanced against marina need.
Environment Policy 1
Protects countryside/ecology. No ASSIs affected; mitigations for habitats/watercourses via conditions.
Environment Policy 4
Protects biodiversity/protected species. Conditions for lizard/bird/bat surveys/plans addressed MWT/DEFA concerns despite initial EIA critique.
Environment Policy 10 - Development and flood risk
Prevents unacceptable flood risk. Condition requires lagoon structural calcs, breach analysis, emergency plans per Manx Utilities concerns.
Environmental Policy 22
Prevents pollution/noise/odour/light. EIA mitigations plus lighting/pump/timing conditions.
Waste Policy 1
Supports treatment facilities if no unacceptable impacts and need demonstrated. Need for sediment dewatering tied to marina maintenance.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Scope limitation
This approval only relates to the construction, use and decommissioning of the contractors' area, lagoon and pipelines (transport and dewatering). No approval is given for any dredging works within Peel Marina as part of this application. No approval is given for any works outside the redline boundaries shown on drawing number 535/002/1 (date stamped as having been received 07.02.19) and drawing number 535/002/2 (date stamped as having been received 11.12.18).
Lagoon/pipeline decommissioning
Within 5 years of the date of this approval becoming final, the lagoon and pipework shall be decommissioned and the site restored in accordance with the details set out in paragraphs 2.6.16 - 2.6.22, 2.7.8 and 2.8.4 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.
Contractors area removal
Within 5 years of the date of this approval becoming final, the use of the contractors area as outlined in red on drawing number 535/002/2 (date stamped as having been received 11.12.18) shall cease, including the removal of all material and fencing.
Timing of works
The timing of works shall only be as per paragraphs 2.10.1 - 2.10.2 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.
Lagoon construction details
The lagoon shall be constructed in accordance with the details set out in 2.6.1 - 2.6.15 of the Environmental Impact Assessment date stamped as having been received on 07.02.19 unless otherwise required by conditions set out in this notice.
Contractors area details
Prior to the use of the contractors' area as outlined in red on drawing number 535/002/2 details shall be submitted to and approved in writing by the Department setting out: how the area is to be used; any temporary structures/buildings to be installed; and any fencing to be installed.
Lighting plan
Prior to the commencement of the development hereby approved, a Lighting Plan shall be submitted to and approved in writing by the Department, which includes, but is not limited to, measures to protect the river from light spill. The plan shall clarify for each element of lighting at what stage it shall be removed. The development shall not be carried out other than in accordance with the approved plan.
Pump details
No pumps shall be used as part of the development hereby permitted unless the details of the pump to be used (including hours of use) have been approved in writing by the Department.
Flood risk details
Prior to the commencement of the development hereby approved, the following information shall be submitted to and approved in writing by the Department and the development shall not take place unless in accordance with the approved details: calculations proving the structural integrity of the construction of the lagoons; construction drawings showing how the bund would be constructed; inspection regime for the lagoons in particular embankment checks; explanation of how consideration has been given to overflow of the lagoons if heavy rainfall occurred would they over top if so will there be a spillway and where would it discharge to; breach analysis if the lagoon embankment were to breach what would be consequence; and Emergency procedures should breach analysis highlight risk.
Supporting the project through all phases as sustainable solution to enable safe navigation, with interests in protecting health, biodiversity and environment via separate licensing
Support the application
Do not oppose subject to conditions on vehicle details, ramps and passing places
Multiple statutory consultees provided comments on the Peel Marina dredging Phase 1A application, raising concerns about environmental impacts, protected species, water quality, highways safety, and archaeology, but most ultimately recommended no objection subject to conditions after amendments.
Key concern: Water quality impacts from dewatering discharges potentially exceeding EQS
DEFA Environmental Protection Unit
Conditional No ObjectionThe EPU will be recommending to planning the utilisation of geotextile dewatering bags; Until we understand the pollution concentrations of the dewatering discharge it will not be possible for you to demonstrate that the proposed Environmental Quality Standards (EQS) will not be exceeded
Conditions requested: Utilisation of geotextile dewatering bags; Periodic monitoring of lagoon water before discharge; Agreement on specific flocculant chemicals; Water pollution mitigation measures as proposed by contractor
Manx Wildlife Trust
ObjectionManx Wildlife Trust would like to raise their concerns and current objection to the planning application as it currently stands; The EIA does not follow best practice for Ecological Impact Assessment (EcIA), and Chapter 9 Biodiversity and Nature Conservation is deeply flawed
DEFA Arboricultural Officer
Conditional No ObjectionThe main risk to trees will come from the installation of a temporary pipe; Can this second pipeline be excluded from this permission until the impact of the outfall pipeline is better understood?
DOI Highways
Conditional No ObjectionHighway Services does not oppose the application subject to the following planning conditions; Recommendation: DNOC
Conditions requested: Prior to use of any vehicle longer than 10m, full details submitted to and agreed by Department; Details of ramps no steeper than 1:12 submitted prior to commencement; Details of temporary passing places at regular intervals along PROW submitted prior to commencement
Manx National Heritage
Conditional No ObjectionUnmitigated, the proposed pipeline is likely to result in an offense under the Wildlife Act; It would be good practice for a Desk-based assessment of the site to be undertaken
Conditions requested: Suitable strategy for minimizing impact on viviparous lizard; Pre-commencement checks, vegetation manipulation and timings for lizards
Manx Utilities Authority
No CommentStructural integrity of lagoon construction; Overflow risks from heavy rainfall; Breach analysis and emergency procedures; Lagoon capacity considering sediment volumes
Conditions requested: Calculations proving structural integrity; Construction drawings for bunds; Inspection regime for lagoons; Spillway details if overtopping risk
DEFA Fisheries
Conditional No ObjectionNo harbour dredging from August to December inclusive; Major dredging works January to May, possible extension into June
