30 July 2019 · Planning Committee
Ballaugh Stw, Lane From Coast Road To Ballacooiley, Dollagh, Ballaugh, Isle Of Man, IM7 5as
The proposal involves demolishing the 1960s-era sewage treatment works (including pumping station, settling tanks, filter beds, and sludge tank) on a 0.25ha site adjacent to the Ballaugh River and replacing it with two rotating biological contractor units, an underground pumping station, new site roads, drainage, kiosk…
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The officer assessed the proposal against Strategic Plan policies, finding it acceptable under General Policy 3(g) as redevelopment of previously developed land for a redundant continued use that redu…
Strategic Policy 4
Directs new housing/employment to villages like Ballaugh. Site in countryside but accepted as continuation of essential infrastructure.
General Policy 2
Broad development control criteria on landscape, wildlife, watercourses, amenity, road safety, flooding. Assessed compliant with mitigations for trees, ecology, flood risk, amenity.
General Policy 3
Countryside development only in exceptional circumstances including GP3(g) for previously developed land where redevelopment reduces environmental impact or meets national need. Key policy enabling approval as essential upgrade with no alternative.
Environment Policy 1
Protects countryside. Proposal accepted despite undesignated location due to existing use and mitigations.
Environment Policy 2
Protects landscape; most important consideration unless no harm. Amended plans and planting ensure no unacceptable impact.
Environment Policy 3
Protects woodland. Net gain in trees via planting mitigates removal.
Environment Policy 4
Protected species. Bat roost identified; conditions for method statement, soft felling, ECOW.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Protected species (birds). Pre-commencement checks and timing restrictions.
Environment Policy 7
Watercourses. No alignment change; conditions for 9m works method statement.
Environment Policy 10 - Development and flood risk
Requires FRA. Provided and demonstrates site flood-free.
Environment Policy 13 - Development and flood risk
No unacceptable off-site flood risk. Minor increases (30mm) on fields acceptable.
Environmental Policy 22
Noise/odour/light pollution. Net benefit; conditions for lighting/waste.
Time limit
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.
Tree retention
No tree shown as being retained on the approved drawing, 113-rev03 shall be cut down, uprooted, destroyed, cut or damaged in any manner during the development phase and thereafter within 5 years from the date that the new sewage treatment works is operational. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To ensure that trees marked for retention are not removed, in the interests of maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Arboricultural method statement
Prior to the commencement of the development hereby approved an arboricultural method statement, prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) shall be submitted and agreed in writing by the Department. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department. Reason: To provide the additional detail required to provide a high level of confidence in the protection of retained trees and landscaped planting areas and to ensure the approved development is implemented in accordance with these approved details.
Replacement tree planting
Unless otherwise required by details approved under condition 5, soil amelioration and replacement tree planting shall be carried out in accordance with the approved landscape plan, drawing 135-rev03. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
Protected species in arboricultural statement
The arboricultural method statement referred to in condition 3 shall include measures to protect bats and birds (including timing and duration of tree removal works, and the use of soft felling, avoidance of works outside of the months of September and October and the presence of an Ecological Clerk of Works present on site to supervise the works) and mitigation measures for the loss of any roost or nesting features. Reason: To ensure no unacceptable impact on protected species, in particular the potential to disturb potential bat maternity roosts and nesting birds.
Watercourse works method statement
No works shall take place within 9 metres of a watercourse unless they are in accordance with a method statement which has first been approved in writing by the Department, and such a statement shall include details of the timing of the works. Reason: It is important that any works to the watercourse do not have an unacceptable impact on aquatic habitats. The preferred times for works is between 1st July and 20th September, however if such works also include works to trees the requirements of condition 5 are relevant.
Temporary works details
No temporary works shall be carried out on the site (including access road, temporary bridge or works compound) unless the details (including lighting, duration and measures for removal/reinstatement) have first been approved in writing by the Department and the works shall be carried out in accordance with the approved details. Reason: The application will involve temporary works which would not be allowed under the Temporary Uses Development Order and the application has limited details of these.
Waste management method statement
The development hereby approved shall not commence unless a method statement has been submitted to and approved in writing by the Department which sets out how the waste generated from the site will be dealt with. The development shall take place in accordance with the approved details. Reason: To ensure that waste from the site is properly dealt with.
Lighting restriction
The development hereby approved shall only be lit in emergencies or during maintenance works, unless otherwise approved under condition 8. Reason: To avoid light pollution.
no objections
does not oppose the application; no impact on public highway
Multiple DEFA consultees (Fisheries, Forestry, Biodiversity, EPO) and others provided conditional no objections or no objections to the replacement sewage treatment works and bridge at Ballaugh, with requests for method statements, tree protection, and waste management details.
Key concern: protection of bat roosts and nesting birds in trees scheduled for removal
DEFA Inland Fisheries
Conditional No ObjectionMatt Richards of Arcadis says he submitted his 9 m form directly to planning; we request a method statement at least 2 weeks before works begin and that the works are carried out between 1st July and 30th September
Conditions requested: request a method statement at least 2 weeks before works begin; the works are carried out between 1st July and 30th September
DEFA Forestry
Conditional No ObjectionI am now in a position to confirm that I do not object to this application; If this application is approved I recommend you consider applying the following conditions
Conditions requested: No tree shown as being retained on the approved drawing, 113-rev03 shall be cut down, uprooted, destroyed, cut or damaged in any manner during the development phase and thereafter within 5 years from the date that the new sewage treatment works is operational; Prior to the commencement of the development hereby approved an arboricultural method statement, prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction – Recommendations) shall be submitted and agreed in writing by the Department; Soil amelioration and replacement tree planting shall be carried out in accordance with the approved landscape plan, drawing 135-rev03. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced
Senior Biodiversity Officer
Conditional No ObjectionBats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection
Conditions requested: method statement to be submitted to Planning for written approval (following consultation with the Ecosystem Policy Team). The method statement should include the timing of the works, duration and precautions taken to protect bats and birds, as well as mitigation measures for the loss of roost/nesting features; Tree works should be undertaken in September/October to avoid disturbing potential bat maternity roosts and nesting birds; Trees must be soft felled with an Ecological Clerk of Works present to supervise the works
Highway Services Division
No ObjectionHighway Services does not oppose the application; Recommendation: DNO
DEFA EPO
No CommentI have read through the application and MUA haven't provided enough information regarding the Phase 2 section on decommissioning and how they will manage the waste
Conditions requested: Phase 2 section be considered under a demolition order and will require MUA to complete the Waste Disposal Form
Ballaugh Parish Commissioners
No Objectionthe Ballaugh Parish Commissioners have no objections to the proposed works
