2 October 2012 · Planning Committee
Louisa Mine East, East Foxdale Road, Foxdale, Isle Of Man, IM4 3hl
The proposal involved reclaiming a heavily contaminated former mining site known as The Deads in Foxdale by capping contaminated soils, remodelling landforms, managing watercourses to prevent pollutant spread, and erecting a large two-storey detached dwelling with basement leisure facilities on the eastern portion.
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The officer's report concluded that benefits of site reclamation outweighed harm of countryside development, as the site is heavily contaminated, visually blighting, and used for scrambling which spre…
General Policy 3
Presumes against countryside development except previously developed land where redevelopment reduces landscape impact and improves environment. Officer assessed site as contaminated 'previously developed' warranting exception due to remediation benefits outweighing countryside harm.
Environment Policy 26
Prohibits development on/near contaminated land without no unacceptable health/property/watercourse risk. Capping, drainage diversion, and Building Regs Part C compliance demonstrated no risk.
Environment Policy 27
Seeks enhancement of contaminated mining sites via reclamation/water management/habitat creation. Proposal delivers managed heathland/grassland, species translocation, archaeology recording.
Foxdale Local Plan 1999 Policy F/P/E/2
Addresses heavy metal risks with remediation/landscaping/drainage requirements. Proposal caps shafts, remodels land, manages drainage but introduces dwelling contrary to open space intent.
Approved plans
This permission relates to the erection of a dwelling and associated landscaping, access, remediation and drainage works all as shown in drawings 01A, 02B, 102, 103A, 104A, 105, 106, 110A, 111B, 151A, 01D, 02F, 03E, 11A, 12A all received on 26th July, 2012 and 107B and 108B both received on 13th August, 2012, together with the method statement for The Translocation of Orchids, the Ecological Management Plan 2012-2022, the Planning Statement relating to site remediation, site hydrology and drainage, all date stamped 26th July 2012.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Completion timescale
Once commenced, the approved works including site clearance, must all be completed within 2 years of the date of commencement.
Lizard protection
Site clearance may be undertaken only within the period between May and September in order to mitigate the impact on lizards on the site. A watching brief for lizards must be maintained during site clearance and construction works and any lizards sighted must be relocated by a qualified ecologist.
Landscaping implementation
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 development or the occupation of the dwellings, 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.
Bat protection
During any works to existing mine shafts on site, the applicant must ensure that there is no adverse impact on bats which may be roosting there: bats are protected under the Wildlife Act 1990. NOTE: the applicant should liaise with the Department of Environment, Food and Agriculture in this respect.
No montbretia
The implementation of the landscaping scheme may not include any species which falls under Section 14 of the Wildlife Act 1990 (Amendment) Order 2011. This includes montbretia.
Ecological management plan
The ecological management plan must include a means of measuring the success of the translocation of the orchids. Details of this must be approved by the Planning Authority prior to the occupation of the dwelling and the translocation carried out thereafter in accordance with the approved details. The ecological management plan must also include maps illustrating the proposed management.
Archaeological watching brief
During the undertaking of the approved works, including site clearance, and particularly in respect of areas of the site where there are features of archaeological interest, the applicant must undertake an archaeological watching brief with any findings recorded and reported to Manx National Heritage. NOTE: the applicant is encouraged to liaise with Manx National Heritage in respect of the burial of historic mine structures to be buried in order to preserve them.
Open space restriction
The land on the south western side of the road leading to Stoney Mountain Road may be used, after reclamation, as open space and not part of the residential curtilage of the approved dwelling.
Roadside grassland protection
The grassland habitat on the road verge must be retained and protected from clearance and planting during the proposed works (except for the reduction of the roadside mound which should be undertaken following agreed methodology to reduce damage to the orchids) unless otherwise agreed by the Planning Authority. The area of grassland in the centre of the site that includes the highest concentration of northern marsh orchids as identified on the ecological survey should not be excavated or otherwise worked until such times as the area of interest to marsh orchids has been translocated to an appropriate receptor site.
Lizard walling
All walling to be created as habitat for lizards, must be unmortared so that the lizards have access to the core of the wall.
environmental benefit by ending scramble bike use causing airborne pollution/runoff
no objection
appreciate environmental benefits but seek EPU supervision
sustained environmental/social benefits, ecological enhancement, highways/drainage improvements, economic value
welcome 5-year ecology plan; translocation necessary if capping; avoid montbretia
DEFA Ecology provides conditional no objection pending lizard surveys, translocation and management plan implementation; Manx National Heritage supports with conditions on ecology and archaeology; Environmental Protection Unit and Building Control satisfied with remediation; Manx Electricity Authority requests contact for supply.
Key concern: Lizard survey and translocation required
DEFA Biodiversity
Conditional No ObjectionWe are generally happy with the proposals on condition of the following; The success of the project, from the wildlife angle, will lie in ensuring that the mitigation and the 10 year management plan are implemented suitably; I understand that the Manx Wildlife Trust will be overseeing this work
Conditions requested: Any lizards on the site are removed to a suitable adjacent site by a qualified ecologist during the active period for lizards. A watching brief for lizards is maintained by staff on site during the works; The ecological management plan is brought into effect and overseen by a qualified ecologist; Maps showing the ecological management and mitigation should be included in any approved plans; Grassland habitat on the road verge and the area of grassland that includes 212 marsh orchids are retained and protected against damage during works; Implementation and adherence to the recommendations contained in the Ecological Assessment, Ecological Management Report and Management Plan; A means of measuring the success or otherwise of orchid translocation would need to be incorporated into the ecological management plan
Manx National Heritage
Conditional No ObjectionProviding appropriate conditions are in place relating to matters already discussed with the applicant, Manx National Heritage will not object to this planning application; Though wary of translocation as a preferred technique for conserving protected species such as orchids we recognize that, in this particular case, there is little alternative
Conditions requested: Implementation of an archaeological watching brief, with any findings recorded and reported to Manx National Heritage. Historic mine structures to be buried in order to preserve them with advice from MNH where required; Implementation and adherence to the recommendations contained in the Ecological Assessment, Ecological Management Report and Management Plan provided by LSC, following clarification of the above points
Environmental Protection Unit
SupportI am satisfied that the proposals represent an environmental benefit; The proposal to use an engineered bentonite type barrier to seal contaminated soils and interception of water ingress... will be of benefit
Building Control
No CommentPART C — SITE PREPARATION AND RESISTANCE TO CONTAMINANTS AND MOISTURE... C1(2) Reasonable precaution shall be made to avoid danger to health and safety caused by contaminants
Conditions requested: Applicant would need to make an application for approval... to satisfy ourselves that the land can be reclaimed for use
Manx Electricity Authority
No ObjectionThe Authority wish to express their interest... and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
The original application for erection of one dwelling on Walker's Paddock, a former tipping site, was refused primarily on design grounds despite no objection in principle to residential use for site remediation. The appellant argued the neo-georgian design was suitable within landscaped gardens and would tidy the site without being conspicuous. The Planning Committee defended the refusal citing the site's location in open countryside, lack of zoning, and the proposal's failure to reflect vernacular architecture. The inspector agreed the design was unsuitable, noted strong policy presumption against development in High Landscape Value areas, and found opposition to the principle of development persuasive despite the site's history. The appeal was recommended for dismissal.
Precedent Value
This appeal demonstrates that even on degraded brownfield sites in countryside, design must harmonise with local vernacular and policy presumption against development is strongly upheld; future applicants should prioritise schemes referencing Manx architectural character and provide robust ecological restoration evidence.
Inspector: R E Wilson
