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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01193/B Applicant : Colas (IOM) Ltd Proposal : Infilling of quarry and restoration of grassland Site Address : Broom House Quarry Foxdale Road Ballasalla Isle Of Man

Principal Planner: Miss S E Corlett Photo Taken : 29.11.2018 Site Visit : 29.11.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.07.2019 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. This approval relates to the infilling operations to achieve the profiles shown in Figures 3 and 4 as submitted using only overburden from the approved quarrying activities to the north. For the avoidance of doubt, no approval is granted for the importation of material from any other site, nor the infilling of the void with any other material.

Reason: For the avoidance of doubt and to clarify the extent of the approval granted.

C 3. The approved development shall not commence unless information has been submitted to and approved in writing by the Department which demonstrates that the quantity and type of material to be used from the adjacent quarry will not comprise the implementation of the approved restoration plan for the adjacent quarry extension.

Reason: To ensure that the restoration of the adjacent quarry is not compromised.

C 4. The development must be undertaken in accordance with the methodology (Phases 1 and 2 and Developing the Bowl) set out in the method statement received on 12th June, 2019.

Reason: To avoid any unacceptable environmental impact.

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C 5. Infilling operations shall take place over no more than 18 months. In the event that after 18 months of infilling the approved levels have not been achieved, then no later than 6 months after the cessation of infilling works, the site shall be restored in accordance with an alternative restoration scheme which has first been approved in writing by the Department.

Reason: To ensure that infilling works take place within a timely manner and, in the event that the approved levels are not achieved, a suitable alternative restoration scheme is implemented.

C 6. Prior to the commencement of works, a detailed planting scheme must be approved by the Department, showing species, sizes and locations of trees and shrubs to be planted and the relocation of the dead trees which are identified in the application as having ecological value, together with a five year maintenance plan and the development must be undertaken in accordance with these details.

Reason: To ensure that the proposed landscaping is implemented to reduce the environmental impact of the development.

C 7. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the proposed infilling or in accordance with the proposed landscaping details, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 8. Prior to the commencement of works hereby approved, the applicant must have approved by the Department a combined management plan for both Rosehill and Broom House Quarry Voids including provision for Schedule 8 Introduced Species (Wildlife Act 1990) and which provides for the long term management of both sites.

Reason: To ensure that the development accords with Environment Policy 4 of the Strategic Plan (2016).

C 9. Prior to the commencement of work, an Ecological Clerk of Works must be appointed, details of which must be approved by the Department. The ECoW must be retained throughout the duration of the works hereby approved.

Reason: To avoid any unacceptable environmental impact and to ensure that the development is undertaken in accordance with the approved details.

C 10. The storage of any liquid other than water on site must be undertaken in appropriately protected vessels which provide for containment of at least 100% of the storage capacity of the tanks and with no passive means of drainage therefrom.

Reason: To ensure that the development is undertaken in accordance with Environment Policy 22 of the Strategic Plan.

C 11. Operating hours for the approved activities, including the provision of machinery by staff, shall be carried out only between 0700 - 1800hrs Monday to Friday inclusive and 0700hrs to 1300hrs on Saturdays. Maintenance of plant may be carried out within these hours and between 0700 and 1630hrs on Saturdays and 0800hrs to 1630hrs on Sundays. There shall be no working outside these hours unless approved in writing by the Department.

Reason: To accord with the approved method of working in the adjacent two quarry sites.

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C 12. Details of any security fencing to be erected (as per section 3.8 of the Environmental Impact Assessment) must first be approved in writing by the Department and implemented in accordance with the approved details. Such fencing shall be removed when it is no longer required.

Reason: To control the impact of the development.

C 13. No lighting may be installed within the site.

Reason: To avoid unnecessary light pollution, in accordance with Environment Policy 22 of the Strategic Plan (2016).

C 14. Provisions for the suppression of dust on the site must be undertaken in accordance with the Dust Management Plan proposed for the extension of the quarry to the north, as set out at Section 9.3 of the EIA Report approved in respect of 18/00161/B.

Reason: To ensure the control of dust emissions in order to protect the environment.

N 1. The applicant should note that any translocation of protected species will require consent from DEFA under the Wildlife Act 1990.

Plans/Drawings/Information;

This decision relates to the method statement received on 12th June, 2019, drawing 3v.1 received on 10th December, 2018, Figures 1, 2, 3 and 4 all received on 12th November, 2018.

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Interested Person Status - Additional Persons

none __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION REQUIRES AN ENVIRONMENTAL IMPACT ASSESSMENT IN ACCORDANCE WITH DEFA STANDING ORDER 2018/01

THE SITE 1.1 The site is an existing pond with surrounding slopes situated to the south of land used and approved for quarrying at the Billown limestone quarry which is situated to the west of Foxdale Road (A3) and to the north of the Douglas Road (A7). The pond, a former quarry, is surrounded by trees and vegetation which screen the pond, whose water level is generally between 12m and 23m lower than the surrounding landform.

THE PROPOSAL 2.1 Proposed is the infilling of the pond with overburden from the approved quarrying activities to the north with an end landscape of calcareous grassland, woodland and scrub to continue the existing landform surrounding the site.

2.2 The applicant explains that they sought advice from the Manx Wildlife Trust as to how to best manage the old quarry and an opportunity to make use of the void space, assisting with

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the management of current quarry operations was identified. They consider that the proposal will benefit the local ecology by establishing calcareous grassland habitat, facilitate the continued extraction of the quarry by avoiding double handling of the overburden and retain void capacity within the main quarry void for its ultimate infill with inert waste.

2.3 The area of the site extends to almost 1 hectare with the void estimated to have a capacity of around 60,000 cubic metres. Access to the void will be directly from the quarry with no external access required. The project is anticipated to take 18 months and aftercare provision for up to 5 years is included in the proposal.

2.4 The site is currently enclosed by fencing that will be retained throughout the infill. Stockproof fencing will be erected on completion to manage the newly established grassland with appropriate grazing. Overburden will be dozed forward from the western extent of the pond and from the northern slope as necessary. Some clearance of vegetation will be necessary to provide access. The material will be compacted to be geotechnically stable and re- vegetated through seeding on completion and soon as possible. The profile of the finished site will be a bowl which may retain some water but it is not intended that the site constitutes a water body. Replacement planting at the northern end of the site will be instigated.

2.5 Whilst internal routes only, the access way from the existing quarry will be maintained dust free through water spraying from a bowser retained on site and sweeping when necessary.

2.6 There is anticipated to be no effect on the two existing watercourses nearby nor on the existing groundwater table. There may be minor alterations to the surface water flow from the site but this will have no wider implications. Existing measures to prevent and contain pollution will be applied to this project.

2.7 The hours of operation will be in accordance with those in the existing quarry 0700 - 800 Monday to Friday inclusive, and 0700hrs - 1630hrs on a Saturday. Operations outside these hours will only be maintenance and testing of plant, including 0800 and 1630hrs on a Sunday, and other work of an emergency nature. The previous two applications for quarrying allow Saturday working until only 1300hrs with additional provision for testing and maintenance of plant up to 1630hrs on Saturday and between 0800 and 1630 on Sundays.

2.8 No lighting is proposed although vehicle lighting within the operational areas may be required during early morning and evening hours in winter.

2.9 They believe that the development supports the Island's requirements to safeguard capacity for special and/or hazardous wastes whilst at the same time, enhancing biodiversity. Through re-use of the overburden, less material will be deposited as landfill, consistent with the Waste Strategy. They also believe that the development is consistent with the Waste and Minerals policies in the Strategic Plan and the land use designation and proposals in the Area Plan for the South where infill for a suitable afteruse is noted as an option as is nature conservation and both are considered appropriate uses in principle.

2.10 The ES identifies ecology as the most likely area of impact from the proposals which it considers, as well as landscape impact, with other impacts considered negligible - on human beings, soil, water, air, climate, material assets, cultural heritage and the interactions between any of these.

2.11 In respect of ecology, Manx Wildlife Trust undertook a survey of the site and prepared an appraisal report. Baseline data is provided through desk study and field survey. The note that the water level in the pond has been maintained artificially high due to pumping from the adjacent quarry void although the water body remains deep enough to support a range of aquatic species. The presence of water also supports invertebrates and it is likely that bats will be supported on the site although none was recorded during the survey which is dated

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November, 2018. Parts of the pond edge are susceptible to seasonal inundation which in turn leads to proliferation of weeds, particularly nettles, due to the rich habitat. The woodland comes close to the water's edge and it is estimated that 95% of the site above water, is woodland with smaller areas of rock, scrub and wasteland type vegetation within. Grassland habitat separates Broom House from the site. The site accommodates the invasive species, Cotoneaster but no other notable species although the adjacent Rosehill quarry ASSI is connected to the site in a single ecological unit which is of interest for a number of species linked to its calcareous grasslands habitats and ponds. No protected species were found on the site although corn mint and mare's tail are rare on the Island. The quarry includes habitat niches that are potentially suitable for a range of terrestrial and aquatic invertebrates - butterflies and moths, beetles, flies and crickets - and the sunken nature of the water leads to significantly higher ambient temperatures which would favour warmth loving species. No bats were recorded on the visit. Common bird species were found and there has been reference to a long eared owl but none was found on the visit. These are protected under the Wildlife Act. Whilst the site is considered highly suitable for lizard, none has been recorded on the site.

2.12 The development will lead to a loss of aquatic habitat, temporary loss of some woodland habitat and some permanent loss of woodland. However the creation of a sizeable area of new open grassland habitat and management of this unit, along with the adjacent ASSI will bring benefits likely to outweigh the negative effects. Additional woodland planting is also proposed to retain the link between the site and the Rosehill Quarry ASSI and the area to the north and linking in to the main quarry which will have ecological interest following restoration.

2.13 In order to mitigate the loss of animals, particularly invertebrates during the works and to avoid them being boxed in during vegetation clearance, speeds on haul routes will be kept low and it is likely that any invertebrates present will be part of a larger population in the surrounding area to where they can move during works. Whilst the works will create noise, there is existing noise in the area from the main quarry and there is similar habitat nearby to where affected animals may move. Where there is a potential impact on protected species, the timing of operations may be important.

2.14 In respect of landscape impact, the site is well screened and the works will not affect the character of the landscape. Whilst the site itself will change in character, the area is not a natural landscape, having been heavily affected by the quarrying operations and development associated with it. A bowl with exposed rock sides will be retained, albeit on a smaller scale. They consider that there will be no impacts on non-statutory sites and only negligible negative impacts for Rosehill Quarry ASSI and considerable positive impacts thereon. The impact of the reduction in water in the site will result in greater willow growth, more shade and the reduction in mare's tail and the disappearance of algae as well as the decline of nectar plants which will reduce interest for invertebrates. The shade will result in the drop in water temperatures in the summer. The few remaining areas of open habitat are likely to disappear as the existing trees extend their canopies, corn mint will decline and could disappear without proper management as these areas cannot easily connect with others for coordinated management. The area will become less botanically interesting although suitability for bats may improve.

2.15 They recommend a further survey to identify the need to protect the long eared owl here and a detailed and expert opinion on the potential for the site and its restoration along with an assessment of the most appropriate type of trees for bat roosting.

2.16 The applicant has provided additional information on 04.12.18 in the form of a plan, reference 3v.1 and supporting e-mail, which show habitat restoration in the form of new trees - sycamore, hawthorn, osier, elder and grey willow on the northern side of the reclaimed area. They confirm that they do not intend to contain any water within the reclaimed area, following discussions with MWT who suggested that this may not be practical. A seasonally wetter area may develop within the undulations which may help biodiversity. They provide details of the 5

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year aftercare including monitoring, replacing trees that die, noting and removing any alien species.

2.17 The applicant has provided additional information on 12th June, 2019 which is a series of reports by the Manx Wildlife trust on long eared owls, potential bat roosts, Reasonable Avoidance Measures on Protected Species and a programme of phasing for the works and including a Section 30 Management Agreement under the Wildlife Act 1990.

2.18 The report on long eared owls follows a scoping report which was carried out in August 2018 and reports on surveys for breeding long eared owls within 1km of the site. Two dusk visits were made in March 2019 under conditions which would be favourable to identifying this species. A long eared owl was recorded as calling but otherwise no evidence was reported during the survey. Common pipistrelles, daubenton's and Leisler's bats were seen passing the site. There was no evidence that any breeding long eared owls are on the site and only a solitary male was heard. They recommend that an Ecological Clerk of Works is present at regular intervals throughout the operation and a regular watching brief is undertaken for evidence of breeding long eared owls to ascertain if operations would be in breach of the Wildlife Act 1990. Ideally they recommend that this should be after dark when birds are active but could also include daytime searches for the owls, nests or secondary evidence (droppings, feathers or pellets). A survey licence to disturb a Schedule 1 species will be required.

2.19 The bat survey identified three trees and a vertical crevice in the exposed limestone quarry which could offer suitable potential roost features (PRF) for bats although no evidence of bats were found although they recommend that the trees concerned are removed but retained in the restoration plan due to dense epiphytes and saproxylic invertebrates.

2.20 The report on Reasonable Avoidance Measures include the following:

bats erect 2 woodcrete bat boxes in case of translocation of bats from the impact zone (MWT can advise on the design of these) removal of the identified trees which have potential roosts and retained for the restoration plan. Pre-removal checks for bats are required and as necessary, maintain the trees in secure upright positions to enable bats to depart safely before the trees are re-positioned in the newly created habitat check of rock face PRF and any bats found must be translocated as above

birds check undertaken to safeguard all species at risk from nest destruction implementation of a buffer zone around identified nest locations on-going monitoring to assess the breeding status of long eared owl and if breeding is confirmed, there must be liaison with the quarry management to review operations to prevent disturbance and avoid offences being committed.

common lizard a check of suitable refugia at the western end of the quarry bottom must be undertaken and any lizards found must be translocated to the Rosehill Quarry receptor site and herptofauna proof fencing must be erected around the site to prevent re-entry to the impact zone. an ecological clerk of works must remain vigilant for the presence of common lizard and if any are recorded, all work must stop until the translocation has been implemented and protective fencing erected as above.

common frog a check of suitable refugia must be undertaken at the western end of the quarry for the presence of common frog and if recorded, any frogs must be translocated to the Rosehill

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Quarry receptor site with fencing preventing re-entry and the ecological clerk of works as recommended above.

2.21 They reinforce the proposed end product of the creation of new habitat which will enhance both Rosehill Quarry ASSI to the south and the Sloggal Glen Manx Wildlife site, to the north. They describe the initially excavated material from the quarry extension will be used to form the bunds in the approved quarry development plan and beyond this, materials are available for the infilling of the pond. Materials will be stored separately as topsoil, subsoil and overburden wherever these layers are apparent during stripping. Soil storage will comply with best practice and will not be compacted.

2.22 Where materials with specific particle size distribution is found which would enable restoration to particular variable conditions, these will be stored separately to enable flexibility in final restoration and quarry fines may also be useful in encouraging calcareous conditions. This will be subject to a separate storage application at final restoration.

2.23 Access to the void will be taken directly from the adjacent active quarry and overburden material may be cast over by excavator or dozed forward from two potential areas - the western extent of the pond and from the northern slope, as necessary. Some hand clearance may be necessary under the supervision of an Ecological Clerk of Works.

2.24 The proposed landform will be stable at restoration and will be compacted as the infilling progresses: re-vegetation of the geotechnically -designed slopes will commence as soon as possible on completion of the infill. Where appropriate, the area will be seeded with calcareous or green hay (to be specified in consultation with the Manx Wildlife Trust).

2.25 Phase 1 will involve the designation of a haul route from the quarry to the pond site. All materials removed in the first phase of establishing the access will be deposited back in the existing quarry. The site will have been walked over by the plant operative and the site manager with indicators and markers placed where the removal of materials will be from and to what depth the site will be excavated to ensure stability of surrounding areas. Any items which are not considered to be a natural fill material will be investigated and removed - eg old quarry workings, items which may have been deposited on the site over the years or other objects not suitable for landfilling. The proposed areas for excavating and back filling will have been checked prior to the works commencing by the ECoW whose appointment will be made in conjunction with the MWT and DEFA.

2.26 Phase 2: any internal fencing which will impede works will be removed back to the nearest support post. ECoW checks will be undertaken before works commence and regularly as works continue. The RAMs will be communicated to workers. All site fencing will be checked daily and all dump trucks and excavators will undergo daily inspections prior to the shift starting so that all equipment is in a suitable condition to operate safely and efficiently with no visible fluid leaks. Refuelling will not be done in the extraction or disposal sites. Initial clearance will be undertaken under the supervision of the ECoW to gain access to the proposed tip areas and vegetation features present at the base of the quarry. It may be necessary to assess vegetation at certain levels due to bird breeding and where H and S allow, once access is available, this will be assessed and clearance to take place with ECoW guidance. Tracked machinery will access the area alongside the tipping area to the void, cutting a haul road along the indicated path. The haul road will be extended to the full length of the northern side as infill volumes dictate to ensure that an adequate tipping area has been created: the anticipated tipping volumes per house being in the region of 23 cubic metres per hour.

2.27 The materials being excavated will be dry overburden which will be loaded onto wheeled dump trucks with a carrying capacity each of 25 tonnes. It will then be deposited in front of a tracked excavator, picked up and case over the pond void until a uniform amount of materials cover the bank and it is sufficiently stable and wide enough to create a berm on which the

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dump truck may drive to any section as a haul road. The proposed starting point of the infill is via a shallow slope with a uniform lower bench which will add to the stability of the first phase infill. The pond void will not be pumped out; overburden will be tipped into the water. Estimate volumes required before operations progress into a new tipping area will be around 2,000 cubic metres. Emergency procedures must be in place and have been practised prior to the starting of the infilling.

2.28 Developing the bowl: this will be created in stages as infilling progresses, once a platform has been created to access the bottom of the void and it is safe to travel over. The infilling will continue to bring up the bottom of the void in layers until the depth of fill is at the correct height to start the formation of the bowl. A ramp will be developed to access the lower levels at the earliest opportunity as the infill develops and it will then be graded slowly down to achieve the required slopes and heights and the ramps will be used only by tracked machinery. The slope will be approximately 1 in 5. The site will experience settlement and having machinery on the site will assist in compacting the material. The final profile will accept the run off water linked to the existing channel feeding the Billown meadow. The final stages of the infill will consist of specified material, including areas heavily laden with sand or boulders to create a rough surface with limestone. Further placing of trees - alive and dead - can take place as part of the final design of the surface. Final management will not be done by machinery but by sheep. The upper faces of the void which can be left exposed to allow natural vegetation and nesting areas to remain untouched. The appointment of an ECoW to oversee the infilling works in the environmentally sensitive areas of the site will ensure the above methodology is followed.

2.29 The Section 30 Management Agreement which has been provided for information as it is required under different legislation, identifies work which was agreed in respect of the Rosehill Quarry, in 2017.

PLANNING POLICY 3.1 The site lies within a wider area not designated for a particular purpose on the Area Plan for the South. It is identified as a draft Area of Ecological Importance. The Area Plan refers to Rosehill Quarry ASSI, Billown Wood Wildlife Site and the main quarry in respect of its mineral operations. Interestingly, on the 1982 Development Plan Order, the site appears to be designated for Reclamation (limestone) and within an area of High Landscape Value and Scenic Significance.

3.2 The Area Plan for the South identifies the following proposals and statements which are of relevance to the proposal:

3.2.3 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Rugged Coast, Undulating Lowland Plain Landscape Area: A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), E11 (Langness), F7 (Castletown and Ballasalla) and F8 (Poyll Vaaish and Scarlett Peninsula)

i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape. ii. In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area. iii. Protection of the tranquil, rural character of the area with its open views. iv. Sensitive location of new buildings and the use of screen planting. v. Avoidance of physical or visual amalgamation of roadside housing.

3.3 The Strategic Plan provides non-geographical advice which is relevant as follows:

Strategic Policy 1: Development should make the best use of resources by:

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(a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.

Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.

General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

(e) location-dependent development in connection with the working of minerals or the provision of necessary services.

Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.

Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.

Environment Policy 4: Development will not be permitted which would adversely affect:

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(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

Environment Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species.

Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores.

3.4 Whilst this proposal is not considered to be a landfill site, but rather is land fill or land reclamation, the following policy provides advice on this type of operation:

Waste Policy 1: Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling, or recovery or materials from waste will be permitted provided that:

(a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy;

(b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby;

(c) there would be no unacceptable adverse effect on:

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i. landscapes, geology/geomorphology and features of special interest or attraction; ii. Ancient Monuments or their settings; iii. Registered Buildings or their settings, or features of architectural importance; iv. the character and appearance of Conservation Areas; v. sites of archaeological interest; vi. sites containing species or habitats of international, national or local importance; vii. land drainage and water resources; viii. areas of woodland or the Island's timber resources; or ix. designated National Heritage Areas.

(d) the proposal is acceptable in terms of access arrangements and highway safety; (e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping; (f) the proposal does not sterilise other significant mineral deposits; and that (g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike.

Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations or facilities referred to in this Policy will require the submission of an Environmental Impact Assessment.

PLANNING HISTORY 4.1 The site of these works has not been the subject of any previous recent application. The quarry has been the subject of two relatively recent applications for extension - 03/01981/B and 18/00181/B. Whilst these do not have any direct impact on the proposed works, nor do the works have a direct impact on the approved quarrying activities, they are related in that the material for the infill will come from here.

REPRESENTATIONS 5.1 DEFA Arboricultural Officer raises concerns at the lack of information to identify the trees to be lost and those to be replanted and suggests that the replanting includes birch (14.12.18).

5.2 Malew Parish Commissioners have no objection (06.12.18).

5.3 Highway Services advise that there is no highway interest in the application (19.01.19).

5.4 DEFA Biodiversity Office requested additional information to demonstrate what the impact of the works would be on wildlife, including a method statement of how the works would be undertaken as well as a restoration proposal (13.12.18). Following the submission of further information on 12.06.19, this office indicated on 03.07.19 that they do not oppose the application, provided that conditions are attached to ensure that the development should follow the method statement provided on 12th June, 2019, a detailed planting plan is approved prior to commencement of works and implemented, an ECoW is appointed who is approved, that the development follows the Reasonable Avoidance Measures as stated, noting that any translocation of protected species will required consent from them, and in addition, the applicant submits the combined management plan for Broomhill and Rosehill Quarry Voids which contains details of the long-term management of both of the application site after infilling and the development must be undertaken in accordance with these details as the management plan is an important document which will provide mitigation for the infilling including the control of Schedule 8 species and a method statement for the site post-infilling and the implementation of measures for the ecological enhancement of both sites. Where this office refers to documents and information being approved, they refer to approval by them and it has been clarified that any approval of further information needs to be by the Planning and

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Building Control Directorate as it is not acceptable to have conditions which need to be approved by third parties.

5.5 It should be noted that the following Government Directorates were consulted when the application was first publicised and no responses have been received: the Minerals, Environmental Protection Offices of DEFA and the Water Operations Management Unit of DoI. In the absence of any response it is assumed that there are no objections to the application.

ASSESSMENT 6.1 Waste Policy sets out the guidance on development which involves the processing or disposal of waste, stating that such applications will be approved where it can be demonstrated that there is an acknowledged need for the proposal in accordance with the Waste Management Strategy, where there is no unacceptable adverse impact on the environment, where there is a phased scheme of restoration and landscaping, where it does not sterilise other significant mineral deposits and where it would not have an adverse impact on Airport safety.

6.2 The 2018 Waste Management Strategy has at its core, the objective to reduce waste and for re-use, recycling and recovery of energy of greater priority than final disposal. In this case, the material has to be removed in order to obtain the stone within the quarry so reduction of the waste material is not an option. Whilst the disposal route is essentially landfill, the method of disposing of the waste results in the creation of ecological habitat and also reduces the need to transport the waste outside the site, which is more sustainable and environmentally beneficial. The proposal is therefore considered to be in accordance with the WMS.

6.3 In terms of environmental impact the Waste Policy considers impact of landscape, Ancient Monuments. Registered Buildings, Conservation Areas, archaeology, ecology, land drainage, woodland and designated National Heritage Areas as well as highway safety, the sterilisation of minerals and impact on the Airport. Given the nature and location of the proposals, there will not be an impact on Registered Buildings, Conservation Areas, highway safety, archaeology or the Airport. There are currently no National Heritage Areas.

6.4 In terms of impact on the landscape, the fact that the site is presently not visible and that the works will result in something that is also not publicly visible reduce, or in fact remove any adverse landscape impact such that the development could not be considered to contravene Environment Policy 2 or that part of EP1.

6.5 In respect of ecology bearing in mind the proximity of acknowledged sites of ecological interest and sensitivity, the applicant has provided information which explains in detail how the works will be undertaken with particular regard to the protection of the ecology of the site with special reference to species protected under the Wildlife Act 1990 which brings its own level of protection for these species. The appointment of an Ecological Clerk of Works should ensure that the methodology set out in the information received on 12th June, 2019 is followed which should ensure that there is no adverse impact on ecology.

6.6 The resultant habitat should be complementary to the existing ASSI as well as finding a use for the material to be extracted from the quarry without any adverse environmental impact.

6.7 In terms of land drainage, the quarry currently naturally retains water and it is not part of an overall drainage system. Its infilling will therefore have no impact on the existing land drainage system.

6.8 Whilst trees would be lost as part of the proposed works, it is considered that this is more than mitigated by the proposed landscaping scheme and ecological enhancement which is connected to the existing ASSI close by.

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6.9 No minerals will be sterilised as a result of the proposal and there will be no impact on the operation of the Airport, given the distance from the site and the fact that works are contained within it.

CONCLUSION 7.1 Whilst the site is not designated for development, the works would bring about an enhancement to the existing natural environment without any adverse environmental impact and the application is supported. Conditions should be attached which require the methodology to be followed and to require a detailed planting scheme to be provided including the provisions for retaining dead trees which have been identified as having ecological value as well as a condition which requires that the development is undertaken in accordance with the RAMS and method statement, that an ecological clerk of works is appointed prior to commencement of works and that the combined long term management plan for Broom House and Rosehill Quarry Voids is approved and the development undertaken in accordance with these details.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Pending Decision... Committee Meeting Date:...15.07.2019

Signed :...S CORLETT... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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PLANNING COMMITTEE DECISION 15.07.2019

Application No. : 18/01193/B Applicant : Colas (IOM) Ltd Proposal : Infilling of quarry and restoration of grassland Site Address : Broom House Quarry Foxdale Road Ballasalla Isle Of Man

Principal Planner : Miss S E Corlett Presenting Officer As above (correct manually if not the case officer)

Addendum to the Officer’s Report

The application was approved at the PC meeting of 15th July, 2019 subject to "comprise" in C3 being changed to "compromise".

REVISED Condition of Approval

C 3. The approved development shall not commence unless information has been submitted to and approved in writing by the Department which demonstrates that the quantity and type of material to be used from the adjacent quarry will not compromise the implementation of the approved restoration plan for the adjacent quarry extension.

Reason: To ensure that the restoration of the adjacent quarry is not compromised.