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                                                 24/00301/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/00301/B Applicant : Department Of Infrastructure Harbours Division Proposal : Ongoing operation and decommissioning of a temporary lagoon facility for dewatering and storing sediment dredged from Peel Marina with associated temporary pipelines along and alongside the River Neb between Ballaterson Farm and Peel Marina until 31st December 2027 Site Address : Field 315179 Ballaterson Farm Glenfaba Road Peel Isle Of Man

Planning Consultant: Andrew Sierakowski Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 15.01.2026 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. This approval only relates to the use and decommissioning of the de-watering lagoon and discharge pipeline. No approval is given for any additional dredging works within Peel Marina or the deposit of any additional sediment in the de-watering lagoon as part of the development. No approval is given for any works outside the redline boundaries shown on Drawing No. 674/P/003.1 Site Plan (Only Red Line) - Lagoon A1, dated 12th March 2024.

Reason: The Environmental Impact Assessment has been produced to support a number of applications required to implement the retention and decommissioning of the existing dewatering lagoon and discharge pipeline.

C 2. By 31st December 2027, the de-watering lagoon and discharge pipework shall be decommissioned and the site restored in accordance with the details set out in Section 2.4 and paragraphs 2.4.1 - 2.4.11, including Tables 2.6 and 2.7 and Section 11.2 and Paragraphs 11.2.1-11.2.2 and Table 11.1 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

Reason: To ensure that the site is restored within the timescale set out in the application and to prevent any long term loss of land, as the application has been submitted and assessed on the basis of it being a temporary period only.

C 3. The timing of works shall only be undertaken in accordance with the Programme of Works set out in Section 2.4 and Paragraphs 2.4.1-2.4.2 and Tables 2.4 and 2.5 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

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Reason: In the interests of local amenity and to ensure that the mitigation measure relating to timing of works is implemented.

C 4. Prior to the commencement of the decommissioning works, the details of any contractor's working area shall be submitted to and approved in writing by the Department setting out:

o how the area is to be used; o any temporary structures/buildings to be installed; and o any fencing to be installed.

The contractor's working area shall thereafter be established prior to the commencement of decommissioning works and operated in accordance in accordance with the approved details.

Reason: To ensure that any highway safety and amenity impact, including visual impact of the use of the area as a contractor's area is minimised.

C 5. The lagoon shall be decommissioned in accordance with the details set out in Section 2.4 and Paragraphs 2.4.6-2.4.11 Tables 2.6 and 2.7 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025. unless otherwise required by conditions set out in this notice.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

C 6. Prior to the commencement of decommissioning works, revised and updated versions of the following management, mitigation and monitoring plans shall be submitted to the Department for written approval, in accordance with the details set out in the Table 2.6 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

o Environmental Management Plan (EMP); o Site Working Plan (SWP); o Water Quality Monitoring Plan (WQMP); and o Common Lizard Mitigation Plan (CLMP).

The Site Working Plan shall also include:

o Details of any lighting to retained on the site for use during the further operation of the de-watering lagoon and during its decommissioning; and o Details of the car parking to be provided for construction staff during the decommissioning phase.

Each plan shall subsequently be implemented in accordance with the approved details set out the approved plan.

Reason: To ensure management, mitigation and monitoring plans in accordance with the details set out in the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

C 7. 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.

Reason: To avoid any unacceptable noise impact from pumps.

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C 8. Any dewatering and discharge of dewatering effluent shall be undertaken only in accordance with the details set out in paragraphs 2.4.3 - 2.4.5 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

C 9. No vegetation clearance (including tree cutting or felling) shall be undertaken unless in accordance with details which have first been approved in writing by the Department, and such details shall include details of any replacement planting that is proposed.

Reason: To ensure that the mitigation as set out in Tables 2.6 and 11.1 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025 is implemented.

C 10. Prior to the commencement of any works to decommission the discharge pipeline, a suitably qualified Ecological Clerk of Works shall be appointed to undertake an updated site walkover survey of the pipeline route corridor to review the habitat suitability and risk assessment, and prepare an updated Common Lizard Mitigation Plan to be submitted to the Department for approval in accordance with Condition No. 7 and approved in writing by the Department prior to the commencement of any works to decommissioning the pipeline, and the development shall be undertaken in full accordance with the approved plan.

The Ecological Clerk of Works shall be present on-site during the decommissioning of the discharge pipeline to ensure that pipeline removal also complied with the mitigation measures set out in the mitigation plan Common Lizard Mitigation Plan to avoid impacts on common lizard.

Reason: To ensure that the mitigation measures set out in Section 2.4 and paragraphs 2.4.6 - 2.4.9 and 2.4.11, including Tables 2.6, and Paragraphs 7.3.10-7.3.13 11.2.1-11.2.2 and Table 11.1 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

This application has been recommended for approval for the following reason. The Officer's report on previously approved Planning Application Ref. 18/01293/B, in 2019 concluded that the site could be developed as temporary de-watering lagoon, together with the associated pipelines, without prejudicing the long-term development of the lagoon site in accordance with its land-use zoning in the Local Plan, but that the grant of planning permission should ensure by condition that the site is restored to it original condition as agricultural land.

The position now remains essentially unchanged, except that the planning application for the remediation of the Cross Vein Mine has now been submitted as a separate but concurrent application. The timescales for the proposed works linked to the Cross Vein Mine remediation scheme tie in with the proposed end date for restoration of the Peel de-watering lagoon, and on this basis it is recommended, in principle, that this application, also be approved essentially with a shorter and amended set of similar conditions to those contained in Planning Permission Ref. 18/01293/B, to the extent that these needs only to deal with the decommissioning of the lagoon and discharge pipeline and restoration of Field 315179 subject to the proposal being acceptable in terms of the traffic and environmental impacts.

The conclusions of the assessment in the updated EIA report of the impact across the range of environmental effects has not change significantly since they were considered when the original application for the construction of the de-watering lagoon and discharge pipeline was approved in March 2019, with the impact being assessed as being negligible to minor averse, but of only limited duration, with the lagoon site and the route of the discharge pipeline being restored to their original condition by 31st December 2027. The application can accordingly be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policies 1,2, 4

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and 10, Waste Policy 1, General Policy 2, and Environment Policies, 4, 7, 22 and 24 and Recreation Policy 5.

Plans/Drawings/Information;

This decision relates to the following plans/drawings/information:

Planning Application Form dated 7th March 2024

Planning Application Cover Letter from the Director of Harbours, Department of Infrastructure, dated 7th March 2024 as amended by Planning Application Cover Letter from the Director of Harbours, Department of Infrastructure, dated 21st May 2025

Drawing No. 674/P/001 Site Location Plan - Lagoon, dated 23rd February 2024 Drawing No. 674/P/003 Site Plan - Lagoon A1, dated 23rd February 2024 Drawing No. 674/P/003.1 Site Plan (Only Red Line) - Lagoon A1, dated 12th March 2024 Drawing No. 674/P/004 Topographic Survey Ballaterson Farm (Nov 2018), dated 23rd February 2024

Drawing No. AB-03 Peel Silt Lagoon - As Built Survey Record, dated 20th July 2020 Drawing No. A800-AB-05 Peel Silt Lagoon - As Built Survey Record Silt Storage 30-06-2021, dated 25th August 2021

Drawing No. A119028-TGEE-ZZ-XX-DR-C-0001 Rev C3 Peel Harbour Settlement Lagoons - Existing Site General Arrangement, dated 22nd January 2021 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0002 Rev. C4 Peel Harbour Settlement Lagoons - Proposed Lagoon Stage 1 General Arrangement, dated 22nd January 2021 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0004 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Lagoon Stage 1 Sections, dated 21st January 2021 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0006 Rev. C3 Peel Harbour Settlement Lagoons - Proposed Lagoon Details, dated 22nd January 2021 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0007 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Beach Inundation Plan, dated 22nd January 2021 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0008 Rev. C1 Peel Harbour Settlement Lagoons - Proposed Lagoon Fill Levels, dated 22nd January 2021

Drawing No. A119028-TGEE-ZZ-XX-DR-C-0010 Rev. C3 Peel Harbour Settlement Lagoons - Proposed Pipe Route Sheet 1 of 5, dated 21st January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0011 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Route Sheet 2 of 5, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0012 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Route Sheet 3 of 5, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0013 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Route Sheet 4 of 5, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0014 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Route Sheet 5 of 5, dated 10th January 2020

Drawing No. A119028-TGEE-ZZ-XX-DR-C-0015 Rev. C1 Peel Harbour Settlement Lagoons - Proposed Pipe Details, dated 20th December 2019

Drawing No. A119028-TGEE-ZZ-XX-DR-C-0016 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Elevation Sheet 1 of 6, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0017 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Elevation Sheet 2 of 6, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0018 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Elevation Sheet 3 of 6, dated 10th January 2020

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Drawing No. A119028-TGEE-ZZ-XX-DR-C-0019 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Elevation Sheet 4 of 6, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0020 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Elevation Sheet 5 of 6, dated 10th January 2020 Drawing No. A119028-TGEE-ZZ-XX-DR-C-0021 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Pipe Elevation Sheet 6 of 6, dated 10th January 2020

Drawing No. A119028-TGEE-ZZ-XX-DR-C-0100 Rev. C2 Peel Harbour Settlement Lagoons - Proposed Lagoon Setting Out, dated 22nd January 2020

Peel Harbour Settlement Lagoon - Stability Calculations, Tony Gee, dated 18th March 2019 Peel Harbour Settlement Lagoon - Stability Calculations, Document No: A119028-TGEE-ZZ-XX- CA-C-0001 Rev. P02Tony Gee, dated 22nd January 2021 and (various dates) March 2019

Isle of Man, Department of Infrastructure, Planning Application for the Extension of Dredged Material, Dewatering at Peel, Environmental Impact Assessment Report, The Bates Partnership, dated April 2025

Isle of Man, Department of Infrastructure, Planning Application for the Extension of Dredged Material, Dewatering at Peel , Non-Technical Summary of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025

Traffic Count Data, Mill Road, Peel 2024 Traffic Count Data, Heathfield Drive, Peel 2024

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Interested Person Status

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Sea Peep Poortown Road Peel - as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT REQUIRED TO BE ACCOMPANIED BY A FORMAL ENVIRONMENTAL STATEMENT

1.0 THE SITE

1.1 The site comprises an area of approximately 1.0 hectare of what was previously agricultural grazing land located to the immediate south of Peel Power Station within the area of Field 315179, Ballaterson Farm, Glenfaba Road, Peel, together with the line of the existing discharge pipeline from the lagoon to Peel Marina

1.2 Planning Permission Ref. 18/01293/B, was initially approved in March 2019 for the construction, operation and decommissioning of a temporary lagoon facility at Ballaterson Farm for dewatering sediment dredged from Peel Marina, and for the installation, operation and

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removal of temporary transport and discharge pipelines alongside the River Neb between Ballaterson Farm and Peel Marina.

1.3 The lagoon was constructed between January 2020 and April 2020 in Field 315179 The discharge pipeline was constructed between January 2020 and April 2020 between the lagoon in Field 315179 and Peel Marina.

1.4 The lagoon is situated in Field 315179 and adjoins the power station and tank depot to the north, Close Chairn residences, Mill Road and Public Footpath 362 to the west, Field 311785 to the south, and Field 315925 to the east. The lagoon site is defined by perimeter fencing for security and stock-proofing purposes and incorporates a main access gate at its northwestern corner and a contingency access gate along its western boundary. There are accessible service corridors inside the northern and western boundaries between the perimeter fencing and the lagoon's bund.

1.5 The lagoon is formed by a bund that is constructed as an earth embankment and provides an internal volume that can accommodate approximately 16,000m3 of dredged material. Externally, the lagoon's bund incorporates an access track and ramp at its northwestern corner so that mechanical plant such as tipper trucks and excavators can place dredged material into the lagoon.

1.6 Internally, the lagoon's bund and base are lined with a geosynthetic clay liner overlain by a geotextile membrane to prevent the infiltration of dewatering effluent into the underlying soil and groundwater. The bund incorporates a manhole structure with a drainage outlet at its southwestern corner for the collection of dewatering effluent and rainwater.

1.7 The external slopes of the lagoon's bunds are seeded with a seed mix and the resulting grass is maintained at a height up to 300mm. The purpose of the grass cover is to reduce the visual impact of the lagoon in the wider landscape and to minimise any dust emissions. The topsoil removed from the field is stored in mounds on the lagoon site's eastern edge.

1.8 The pipeline comprises a c.150mm diameter twin-wall pipe extending from the lagoon to the marina. From the lagoon's outlet, it is initially routed for c.90m southwards adjacent to Mill Lane/Public Footpath 362, then for c.30m westwards across Mill Race and an area of land with two electricity pylons, then northwards adjacent to the River Neb for c.300m adjacent to public footpath 529 and for a further c.250m adjacent to Mill Road.

1.9 Along these sections, the pipeline is supported above ground level by a combination of timber cradles and gabion baskets and is crossed by ramps. The pipeline is then routed northwards for c.10m where it is hung beneath the road bridge and then for another c.140m through the boatyard within the marina where it is hung along the face of the quay wall. The pipeline's discharge point into the marina is situated along the northern face of the boatyard's quay wall.

1.10 The first phase of maintenance dredging in the marina took place between April 2020 and June 2020, with approximately 12,500m3 of dredged material transported from the marina to the lagoon using tractor-trailer units. A second phase of maintenance dredging in the marina taking place between February 2021 and May 2021 when approximately 11,600m3 of dredged material was transported from the marina to the lagoon using tactor-trailer units. At this point the lagoon was completely filled with dredged material.

1.11 A transport pipeline was also approved as part of the original planning permission to transport dredged material from the marina to the lagoon, but this has never been constructed.

1.12 The dredged material commenced dewatering as soon as it was placed and stored in the lagoon. Monitoring of effluent levels within the lagoon's drainage outlet has indicated that

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                                                 24/00301/B
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only limited effluent has been generated by the dewatering of the dredged material. Most dewatering is believed to have occurred by evaporation of water through the dredged material's surface into the atmosphere. Dewatering has significantly consolidated and reduced the volume of dredged material in the lagoon. Monitoring data indicates that the volume of dredged material in the lagoon reduced by approximately 29 per cent relatively quickly after the dredged material was placed in the lagoon (i.e., by July 2021).

1.13 The land is privately owned but leased by the Department of Infrastructure (DOI).

1.14 There are two PROWs in the vicinity of the lagoon and pipeline: the Heritage Trail from Peel to Douglas, and the riverside footpath along the right-hand bank of the River Neb. These PROWs are also identified in DOI's road hierarchy map.

1.15 The land immediately to the south the lagoon is currently the subject of the construction of the new Peel Sewage Treatment Works, approved by Planning Permission Ref. 23/01407/B approved in July 2024 and upheld on appeal in December 2024.

2.0 THE PROPOSAL

2.1 At the time of the approval of the original planning permission, Planning Permission Ref. 18/01293/B in March 2019, the DOI anticipated that an alternative waste management option to re-use and/or dispose of the dredged material could be secured by 2023. Assuming this to be the case, the DOI planned to remove the dredged material from the lagoon in late 2023 allowing sufficient time to decommission the lagoon and pipeline, and reinstate Field 315179 before March 2024. However, the DOI could not secure a waste management option in 2023 and, therefore, was not in a position to remove the dredged material from the lagoon and decommission the lagoon and pipeline.

2.2 The development now proposed is intended to extend operational life of the lagoon and postpone decommissioning of both the lagoon and the discharge pipeline from March 2024 to the end of December 2027.

2.3 The nature of the activities associated with the extended operation of the lagoon and discharge pipeline will depend on the timescale within which the DOI secures a sustainable and cost-effective waste management option for the dredged material. At the time of preparing the planning application the DOI anticipated that an alternative waste management option would be secured in 2025. Assuming this to be the case, then the DOI were aiming to remove the existing dredged material from the lagoon in late 2025, then dredge Peel Marina and refill the lagoon in early 2026, allowing sufficient time to dewater the new dredged material, remove it again, decommission the lagoon and pipeline, and reinstate the field by the end of 2026. This timescale has subsequently been amended to take into account that an alternative waste management option is now being considered, which involves the transport of the dewatered material for use in the remediation of the Cross Vein Mine. This the subject of another concurrent Planning Application Ref. 25/90698/B, that was submitted in late 2025. As a result it is now proposed to extend the end date by which the lagoon will be decommissioned and the site restored and to do so without refilling the lagoon with a further round of dredged material.

2.4 The covering letter accompanying the planning application explains that it has been submitted to:

"...permit the ongoing operation and removal of the existing temporary lagoon and pipeline until 31st December 2026. The temporary lagoon and pipeline was constructed and operated under Planning Approval 18/01293/B, which expires on 8th March 2024. This planning application requests approval to retain the infrastructure, as constructed, in order to facilitate the Department securing a sustainable and cost-effective waste management option for the dredged material, prior to the removal of the material".

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2.5 The application was however amended with an updated submission in May 2025 which explained that

"Further to our application 24/00301/B submitted in March 2024, we wish to revise the planning application to take into account the responses from DEFA Environmental Protection Unit and Peel Commissioners.

Both organisations raised concern that there was insufficient detail for the 'sustainable and cost-effective waste management option' for the dredged sediment. The Department has identified a waste management option for the dredged material that involves relocating the dredged material to the former Cross Vein Mine site where it will be treated and used as a soil- like capping material to restore an area of unpremeditated land. DEFA is preparing a separate planning application for the remediation works at Cross Vein Mine, which will include for the transfer of the dewatered dredged material from the lagoon to Cross Vein Mine, and the treatment and subsequent re-use of the dredged material as part of the remediation works at Cross Vein Mine.

The Department has also liaised with DEFA Environmental Protection Unit regarding the waste licencing requirements.

In order to reflect the time that has passed since the March 2024 application, the Environmental Impact Assessment has been revised to remove reference to any further dredging activities before the lagoon is decommissioned. In addition, the deadline for decommissioning the lagoon and pipeline has been revised from 31st December 2026 to 31st December 2027, in order to provide contingency time to allow the material to be moved to Cross Vein Mine before decommissioning takes place and to avoid the risk of any delays breaching the Planning Approval expiry.

All other aspects of the application remains the same" . 2.6 The updated EIA report accordingly states that the revised planning application 24/00301/B is aligned with the DEFA planning application for the remediation works at Cross Vein Mine, which has now been submitted as Planning Application Ref. 25/90698/B. The revised planning application 24/00301/B includes for extended dredged material dewatering and storage, lagoon and discharge pipeline decommissioning and field reinstatement, while the planning application for the site remediation works at Cross Vein Mine includes for the removal of the dredged material from the lagoon and transfer to Cross Vein Mine.

2.7 The application is supported by an Environmental Impact Assessment (EIA) Report which contains sections on the Project Description, EIA Methodology, the Consideration of Alternatives, and Topic Chapters on Water Quality, Soil Quality, Air Quality, Biodiveristy and Nature Conservation, Landscape, Recreation and Amenity, and Cultural Heritage and Archaeology.

2.8 In addition to the requirement for Planning Permission, the EIA Report identifies that a licence to discharge dewatering effluent from the lagoon, via the pipeline into the marina, was granted in 2019 as a Water Disposal Licence number WPA/04/2019, and a Waste Licence to operate the lagoon as a waste transfer facility for the reception, treatment and storage of controlled waste (i.e., dredged material) was granted in 2019 as licence number WDL/01/2019.

2.9 The licences are expected to remain in place until the decommissioning of the lagoon and pipeline associated with the proposed development in the event that the current planning application is approved.

Proposed Works

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                                                 24/00301/B
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2.10 The proposed works are intended to allow the dewatering lagoon and discharge pipeline to remain in operation for an extended period, prior to decommissioning and the restoration of the site to agricultural grazing. Under the original Planning Permission, Ref. 18/01293/B the use of the dewatering lagoon and discharge pipeline had to cease and the site be reinstated by 8th March 2024, i.e. five years from the date of approval.

2.11 The application now seeks to extend the end date for the extended dewatering of dredged material and postpone decommissioning of the lagoon and discharge pipeline until 31st December 2027.

2.12 The timing of the activities will depend on the timing of the Cross Vein Mine remediation works. At the time of the submission of the amended application in May 2025, the DOI anticipate dredged material dewatering to continue until the third quarter (Q3) of 2026, and that this would then be followed by the lagoon and pipeline decommissioning and reinstatement of the field in the fourth quarter (Q4) of 2026.

2.13 However, the application recognises that it is possible that the timing of the proposed remediation of the Cross Vein Mine may not align with this programme, so an additional 12 months has been allowed as a contingency period, should delays arise with that project; in which case the DOI anticipate dredged material dewatering will continue until the third quarter (Q3) of 2027, to be followed by lagoon and pipeline decommissioning in the third/fourth (Q3/Q4) of 2027 and field reinstatement in fourth quarter (Q4) of 2027.

Extended Dewatering of Dredged Material

2.14 The reason for the proposed timescales, including the contingency period is that it is possible that the dredged material in the lagoon cannot be received at Cross Vein Mine during the bird nesting season (March to August). During this period, the dredged material, which is already largely dewatered in its current state is likely to undergo additional albeit limited dewatering due to new inputs of water from rainfall.

2.15 As set out above, most dewatering is expected to occur by evaporation of water through the dredged material's surface into the atmosphere and, but also to a much lesser degree, by transpiration of water from the dredged material into the atmosphere via the vegetation growing on the dredged material's surface. It is nevertheless still possible that limited dewatering could occur by the percolation of water through the dredged material and discharge of the resulting effluent via the pipeline into the marina.

2.16 The EIA Report submitted with the application identifies that discharges of effluent to date have been very limited with there having been only two discharges, both occurring in 2020, so that further discharges during the extended dewatering period are considered unlikely. The site will continue to operate in accordance with revised versions of the previously approved Site Working Plan (SWP) and Water Quality Monitoring Plan (WQMP).

Postponed Decommissioning of the Lagoon and Pipeline, and Postponed Reinstatement of the Field

2.17 Decommissioning of the lagoon and pipeline will entail, a reversal of their construction and installation.

2.18 For decommissioning of the lagoon and reinstating the field, the drainage outlet structure will be dismantled and removed. Its components will be taken back to the contractor's or DOI's storage depot and used again on other projects. The lagoon liner will then be removed. It is unlikely that the liner can be re-used so it will be disposed of as a waste product in accordance with its waste classification and available disposal options (e.g. to landfill

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or for incineration). The earth bunds will then be demolished using bulldozers and the resulting subsoil will be used to infill the excavated area within the lagoon's footprint and to reinstate the original from of Field 315179.

2.19 The stored topsoil will then be placed over the infilled area and seeded to reinstate the field's vegetation to its original cover (i.e. grassland pasture) using an appropriate seed mix. Finally, the perimeter fencing, gates, signage and lighting will be dismantled and taken back to the DOI's storage depot and used again on other projects.

2.20 For decommissioning of the pipeline, the pipeline sections and connectors, timber cradles and gabion baskets, ramps and lighting bollards will be dismantled and taken back to the contractor's or the DOI's storage depot and used again on other projects.

Timing of Activities

2.21 The following timing of activities will be required for the proposed development:

o Dewatering of dredged material - 24 hours per day, 7 days per week

o Lagoon decommissioning, pipeline removal and field reinstatement - up to 10 hours per day, 6 days per week Monday to Friday 08:00 to 18:00 and Saturday 08:00 to 14:00.

Revised Management Mitigation and Monitoring Plans

2.22 The EIA Report identifies that there are a number of management mitigation and monitoring plans that were implemented for the activities associated with the original construction and operation of the lagoon and pipeline accordance with the requirements of Planning Permission Ref. 18/01293/B. It is anticipated that these plans which from a central element in the environmental mitigation of the impacts of the development, will be revised and implemented in relation to the proposed extended retention and decommissioning of the lagoon and discharge pipeline. These include; the Environmental Management Plan, Site Working Plan, Water Quality Monitoring Plan, and Common Lizard Mitigation Plan, that will used to manage, mitigate and/or monitor environmental effects for the development.

2.23 Overall Conclusions of the (updated) EIA Report (set out in Section 11) are that:

"The proposed development incorporates a number of revised mitigation and management plans within the project description (Section 2.3) including an Environmental Management Plan (EMP), Water Quality Monitoring Plan (WQMP), and Common Lizard Mitigation Plan (CLMP). The proposed development also incorporates the control measures associated with licences to operate the lagoon for dredged material reception, treatment and storage, and to discharge effluent into the marina, which are largely implemented by the revised Site Working Plan (SWP).

The successful implementation of these plans is considered to be embedded within the proposed development and, therefore, has been factored into the impacts assessed in this EIA Report. As a result, the proposed development causes a number of negligible, and minor adverse impacts on various environmental receptors that will be directly mitigated by the implementation of the revised plans and, therefore, do not require additional mitigation measures".

3.0 PLANNING POLICY

3.1 The relevant Local Plan remains the Isle of Man Planning Scheme (Development Plan) Order 1982, under which the lagoon site is designated as a proposed area predominantly for

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industrial use, and the discharge pipeline lies within an area designated as an existing area of predominantly industrial use, within Peel Town Boundary.

3.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are relevant to the determination of the application, the most relevant of which is Waste Policy 1 which is set out in full below:

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: 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 sterilize other significant mineral deposits; and (g) that 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.

3.3 Other relevant policies are:

o Strategic Policy 1 which states that "Development should make the best use of resources by: (a) optimising the use of previously developed land...; (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"; o Strategic Policy 2 which states that "New development will be located primarily within our existing towns and villages..."; o Strategic Policy 4, which states that "Proposals for development must...not cause or lead to unacceptable environmental pollution.."; o Strategic Policy 10 which states that "New development should be located and designed such as to promote a more integrated transport network with the aim to...(c) not adversely affect highway safety for all users..."; o General Policy 2 which states that "Development which is in accordance with the land- use zoning...and with other policies of this Strategic Plan will normally be permitted, provided that the development:...(c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;...(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;

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(g) does not affect adversely the amenity of local residents or the character of the locality;...(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;... [and] (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; o Environment Policy 4 which states that "Development will not be permitted which would adversely affect: (a) species and habitats of international importance"; o Environment Policy 7, which states that development that may impact on watercourses must set out amongst other things, "...(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..." o Environment Policy 22 seeks to prevent pollution, including to water or air; and o Environment Policy 24 indicates where Environmental Impact Assessments may be required; and o Recreation Policy 5 which states that "Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes".

4.0 OTHER MATERIAL CONSIDERATIONS

Legislation

4.1 The Environmental Impact Assessment (EIA) Report sets out the legislative and policy framework, which includes highlighting the provisions of the:

o Public Health Act (Waste Licensing) o Collection and Disposal of Waste Regulations (2000) o Waste Strategy (2018)

4.2 Other relevant Strategies and Policies include:

o Harbour's Strategy (2018) in relation to Harbour refers to the need for drafting options for the longer term solution for the disposal or treatment of contaminated silt. Statement 5 in the Strategy states:

Working in consultation with DEFA, the Department will determine both short- term and short- to-medium term options for the removal of the current build-up of contaminated silt in order to be able to dredge in Peel in 2018 and 2019, whilst also considering a longer-term solution for the disposal or treatment of contaminated silt. The Department will consult with other departments, Peel Town Commissioners and harbour users.

o Waste Strategy (2018) aims to manage waste sustainably and economically, with a focus on self-sufficiency and the Waste Hierarchy. It includes a Core Strategy with principles and key policies approved by Tynwald, an Annual Statement of Need to identify waste management capacity shortfalls, and a series of contemporary technical reports to support the strategy. It identifies that the priorities for waste infrastructure include provision of strategic disposal capacity including landfill void space for problematic and inert waste. The Strategy does not include explicit reference to the Rockmount Silt Store. The Department of Infrastructure has recently consulted on updated principles for the Waste Strategy for the period 2025 to 2035. The Strategy does not include explicit reference to the Rockmount Silt Store.

5.0 PLANNING HISTORY

5.1 Planning Permission Ref. 18/01293/B, was initially approved on 8th March 2019 for the construction, operation and decommissioning of a temporary lagoon facility at Ballaterson Farm for dewatering sediment dredged from Peel Marina, and for the installation, operation and

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removal of temporary transport and discharge pipelines alongside the River Neb between Ballaterson Farm and Peel Marina. The permission comprised 28 conditions including Condition 3 which stated that within 5 years of the date of approval (i.e. by 8th March 2024) the lagoon and pipework was to decommissioned and the site restored, essentially to its original condition.

5.2 Condition No. 3 has not been complied with insofar as the lagoon and discharge pipeline have not been decommissioned and removed and the site reinstated to it original condition. Instead, the current application was submitted on 7th March 2024 (i.e. before Planning Permission Ref. 18/01293/B time expired) with the intention of extending the operational life of the lagoon and pipelines until 31st December 2026, so as to allow for the deposit of a further round of dredged material from the Peel Marina, prior to decommissioning.

5.3 As set out above the application was subsequently amended with an updated submission in May 2025 following the identification by the DEFA of long-term waste management option to re-use and/or dispose of the dredged material in conjunction with the remediation works at Cross Vein Mine. This will include for the transfer of the dewatered dredged material from the lagoon to Cross Vein Mine, and its treatment and subsequent re-use as part of the remediation works at the mine.

5.4 There is therefore now a concurrent but separate planning application, submitted by the Department of the Environment, Food and Agriculture (DEFA) in 2025, Planning Application Ref. 25/90698/B for the transport of sediment from the Peel silt lagoon to Cross Vein Mine, for treatment and use in remediation of the mine.

6.0 REPRESENTATIONS

Peel Town Commissioners (20.06.24 and 01.09.25)

6.1 The Peel Town Commissioners responded to the initially submitted application stating that they opposed the current application because although the Commissioners were very supportive of the Department's actions to prevent contaminated silt being deposited in Peel Marina there has still no ongoing viable licensed disposal route for the existing materials held in the lagoon.

6.2 Following the submission of the updated application in May 2025, the Peel Town Commissioners have been reconsulted. They remain opposed to the application because planning permission has not yet been approved for the proposed Cross Vein Mine Remediation scheme, because it is unclear what the transport route will be for material to be taken away, and it is still not clear how the material from any future dredging of the marina will be removed and processed without the need for the Glenfaba Road lagoon, an issue that was also raised by the Commissioners prior to the determination of Planning Permission Ref. 18/01293/B.

DOI - Highway Services (03.05.24, 24.05.24 and 20.06.25)

6.3 In relation to the removal of the dewatered silt Highway Services comment that the transportation route is along the PRoW 362 onto Mill Road, up Station Road, Patrick Road, Heathfield Drive, Queens Drive and onto the A1 Primary Road. The route described is entirely formed of the HGV designated route established in the Long or Heavy Vehicles (Designated Roads) Order 2015.

6.4 Transport of the dewatered sediment to the treatment site is expected to take 80 days, based on the volume of sediment left and the number of trucks used. This equates to approximately 40 two way HGV movements per day, i.e. twenty out and twenty back. Transport of the sediment from the site is stated to not operate at times of drop-off or pick-up of students at Queen Elizabeth II High School.

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6.5 Highway Services comments that the application has provided 2024 traffic data to establish current traffic flows along the identified route and that this can be considered to be an accurate reflection of current flows, with the 40 two-way HGV trips to be additional traffic

6.6 They advise that along Mill Road, adjacent to the House of Manannan parking, the average bi-directional vehicle flow is recorded at 968. On this basis the estimated 40 HGV movements a day for the transport of the sediment would equal to an increase in traffic flow of approximately 4.1%. Along Heathfield Drive average daily flows are recorded at 1711, so that the expected 40 HGV movements would be an increase in flows of approximately 2.3%. The data provided also allows for classification of vehicle type, including heavy vehicles/HGVs. The 40 heavy vehicle trip increase would equal a 3.6% increase in heavy vehicle distribution along Mill Road, and a 2.1% increase in heavy vehicle distribution along Heathfield Drive.

6.7 Highway Services advise that the overall increase in vehicle flow and the HGV distribution along the road falls below 5% for both counter sites. Increases of this level do not require a separate transport assessment for the traffic generation from the development. They advises that the expected increase in vehicle flow would not create any unacceptable road safety or highway network efficiency.

6.8 Highways Services have not offered any comment in relation to the removal of the discharge pipeline, other than to ensure there is continued unimpeded access.

6.9 Accordingly Highway Services advises that the proposal raises no significant road safety or highway network efficiency issues and they have no objection to the proposal.

DEFA - Forestry, Amenity and Lands

6.10 Were consulted on 1st May 2024 and 5th June 2025 but have not commented on the application.

DEFA - Inland Fisheries Policy Manager

6.11 Was consulted on 1st May 2024 and 5th June 2025 but has not commented on the application.

DEFA - Environmental Protection Unit (15.05.24, 03.07.25 and 09.01.26)

6.12 The DEFA Environmental Protection Unit (EPU) initially objected to the application on when it was first submitted, on the basis that there no on-going management strategy for the sustainable or legitimate recovery or disposal option for this de-watered silt, and they further commented that the DoI Waste Management Strategy does not make provision for disposal of the material from the Peel Marina dredging, whilst at the same time stating that a key aim is one of "Ensuring adequate provision of key national waste disposal infrastructure on Island is identified as priority in the Waste Strategy 'Waste Infrastructure Hierarchy'.

6.13 The EPU recommended that the DoI submit associated planning application(s) for the 'sustainable and cost-effective waste management option' proposed for the final recovery or disposal to be considered at the same time to give confidence that there is a viable and workable option. It further commented that the EPU had been consulted on the proposed use for 'rehabilitating and revegetation land at Cross Vein Mine' and based on the then current information believed there is a high risk that the EPU may not recommend authorisation of planning permission or a Waste Disposal Licence for this. It advised that the originally submitted EIA Report proposed to 'dispose of the dredged material from Peel Marina at the Island's landfill sites if a re-use option is not available and/or cannot be realised'. The EPU advised that this was not a legitimate option as neither Wrights Pit North or Turkeylands New

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Quarry landfills have planning permission for the deposit of hazardous/non-hazardous dredging spoil.

6.14 Following the amendment to the application submitted in May 2025, the EPU has withdrawn its objection and has stated that it has no objection to the proposed planning application amendment and that if the application is approved, the EPU will continue to licence and inspect the Peel Dewatering Lagoon site as appropriate.

DEFA - Ecosystem Policy Team (27.06.25)

6.15 Ecosystem Policy Team has advise that the Biodiversity and Nature Conservation Chapter of the EIA (Chapter 7) concludes that there could be impacts on legally protected common lizards during pipeline removal and that an Ecological Clerk of Works should be appointed to undertake an updated assessment for lizards prior to pipeline removal and to be in place during removal to ensure compliance with the mitigation measures.

6.16 They advise that they otherwise have no objection to the application subject to the inclusion of a condition requiring that the appointment of an Ecological Clerk of Works to undertake an updated assessment for common lizards prior to pipeline removal, and to be in place during removal to ensure compliance with mitigation measures.

DEFA - Environmental Health (05.01.26)

6.17 Have advised that if the material being stored is stable, and is being monitored then then they have no objection to it retention for an additional period of time pending the decommissioning of the lagoon and pipeline.

6.18 They advise that the EIA Report does not include any detail of the precautions that must be taken to prevent the escape of material during its removal and transportation and that a condition be attached to grant of planning permission requiring the updating of the Site Working Plan (SWP) to include environmental controls relating to the emptying of the lagoon and the transport of the material to the Cross Vein Mine.

Health And Safety At Work Regulation Directorate

6.19 Were consulted on 1st May 2024 and 5th June 2025 but have not commented on the application.

Flood Management Division

6.20 Were consulted on 1st May 2024 and 5th June 2025 but have not commented on the application.

Manx Utilities Authority - Drainage

6.21 Were consulted on 1st May 2024 and 5th June 2025 but have not commented on the application.

Manx Utilities Authority - Electricity

6.22 Were consulted on 1st May 2024 and 5th June 2025 but have not commented on the application.

Local Residents

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6.23 Sea Peep, Poortown Road, Peel (13.05.24 and 19.07.25) - There has been two representation(s) from a local resident, that neither support or object to the proposals but comment that the DOI has failed to comply with a 5 year time limit on the use and restoration of the site and that there is therefore in breach of Condition No 3 of Planning Permission Ref. 18/01293/B. They further state that the DOI has had almost nine years to identify an alternative disposal site for material dredged from the Peel Marina but has not demonstrated what action it has taken during that period to find an alternative site. They question whether the Planning Committee has the power to approve a retrospective application for development which commenced 6 years ago.

7.0 ASSESSMENT

7.1 Main Issues

7.1.1 The main issues in the determination of the application are:

o Need/Alternatives; o Highways Impacts; o Impacts on the Water Environment; o Impacts on Soil Quality; o Air Quality; o Biodiversity and Nature Conservation; o Landscape Impacts; and o Other Matters (Recreation and Amenity and Cultural Heritage and Archaeology).

7.1.2 It should be noted that neither covenants nor procedural matters are material planning considerations.

7.2 Need And Alternatives

7.2.1 Planning Application Ref. 18/01293/B, which was the previous permission for the development of the de-watering lagoon and discharge pipeline was approved on the basis that there was clear policy support for ensuring that the Peel Marina continues to function. The Isle of Man Strategic Plan 2016 Island Spatial Strategy (ISS) supports the continued regeneration in Peel and the exploiting of the potential of the quayside and harbour for new development opportunities, together with Environment Policy 27 (which seeks to ensure the enhancement of the natural environment, including sites contaminated by former mine workings), Transport Policy 13 (which states that development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner) and Waste Policy 1 (which support the development of waste management installations, including facilities for the recovery of materials from waste).

7.2.2 The EIA Report supporting the 2018 planning application essentially argued that that the DOI has responsibility for managing the Isle of Man's ports, harbours and marinas, including maintaining the published water depths under the provisions of the Harbours Act 2010, In support of this it identified that the DOI periodically undertakes dredging to remove the sediment that has accumulated in Peel marina in order to maintain safe navigation and mooring of vessels and to maintain the flow of river water through the marina.

7.2.3 It further identified that the DOI needed to remove approximately 28,000m3 (approximately 45,000 tonnes) of sediment that has been transported down the River Neb, and deposited within Peel Marina, in order to restore the marina's published water depth of 2.5m below the impounded water level.

7.2.4 It explained that the sediment deposited within the marina contains elevated concentrations of contaminants, notably metals and hydrocarbons. These elevated

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concentrations are sufficiently high to prohibit the sediment's disposal at sea under the provisions of the Oslo and Paris Commission's Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention).

7.2.5 Even in 2018, at the time of the submission of the original application, which was approved in March 2019, it was identified that the DOI proposed to use the dredged sediment as a soil-like construction material as part of its works to rehabilitate and re-vegetate land at the former Cross Vein Mine, which is now what is proposed and considered further in Planning Application Ref. 25/90698/B, which is presented for determination by the Committee in parallel with this application.

7.2.6 Although the dredged sediment was identified as containing contaminants at elevated concentrations that prohibit its disposal at sea, the EIA Report also identified that it contains metals at significantly lower concentrations than those recorded at the Cross Vein Mine and for that reason was consider by the DOI to be suitable for use in the proposed remediation of the mine.

7.2.7 It was also argued that that the DOI believed that this approach is consistent with DEFA's waste management strategy since the purpose of the lagoon has been to de-water and make suitable to re-use (with further treatment) the sediment, that has been stored in the lagoon.

7.2.8 The Officer's report to this Committee in 2019 identified that a key concern was that, although the proposal was for the lagoon to be in place for no more than 5 years, the preferred final disposal option (to provide material for the remediation of the Cross Vein Mine) did not then have planning permission and was likely to be an unusual and complex application and that it was not clear at that time that an application could or would be approved, not least because it was not clear whether restoration to the upland conditions in terms of landform and habitat at the Cross Vein Mine site would be possible. It was also noted that previously dredged from the Peel Marina, has already been place into storage at Rockmount Silt Store on the Poortown Road to the East of Peel.

7.2.9 Also relevant was that the proposal involved the loss, albeit temporarily of agricultural land and allocated employment land, but stated that as a result, i.e. that because the loss would only be temporary, this would not be contrary to Environment Policy 15 (which seeks to prevent the permanent loss of important and versatile agricultural land (Classes 1-2)), Strategic Policy 7 which seeks to protect undeveloped land which is zoned in Local or Area Plans for industrial purposes) or General Policy 2, Paragraph (k) (which relates development on land with a land-use zoning provided that the development does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan). The Officer's report accordingly identified that a condition can be attached to the grant of planning permission to ensure it is restored. Such a condition was included as Condition 3 of Planning Permission Ref. 18/01293/B. Essentially what the current application seeks to do is extend the end date for restoration until 31st December 2027.

7.2.10 The Officer's report in 2019 concluded that the site could be developed as temporary de-watering lagoon, together with the associated pipelines, without prejudicing the long-term development of the lagoon site in accordance with its land-use zoning in the Local Plan, but that the grant of planning permission should ensure by condition that the site is restored to it original condition as agricultural land.

7.2.11 The position now remains essentially unchanged, except that the planning application for the remediation of the Cross Vein Mine has now been submitted. The timescales for the proposed works linked to the Cross Vein Mine remediation scheme tie in with the proposed end date for restoration of the Peel de-watering lagoon, and on this basis it is recommended, in principle, that if this application is approved it should be subject to similar conditions to those

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contained in Planning Permission Ref. 18/01293/B, to the extent that these needs only to deal with the decommissioning of the lagoon and discharge pipeline and restoration of Field 315179 subject to the proposal being acceptable in terms of the traffic and environmental impacts, which are considered in detail in the following sections.

7.3 Highways Impacts

7.3.1 The key issue in terms of highways impacts relates to the traffic generated by the movement of the de-watered silt off-site for use in the remediation of the Cross Vein Mine. A Design and Access Statement was initially included with the application that set out details of the number vehicle movements associated with the development, although this was subsequently withdrawn and details of HGV and other vehicle movements included in Planning Application Ref. 25/90698/B for the Cross Vein Mine remediation scheme.

7.3.2 Relevant Policy includes the Isle of Man Strategic Plan 2016, Strategic Policy 10, General Policy 2, Paragraph (i) and Waste Policy 1, which seek to ensure that new development does not have an unacceptable effect on road safety or traffic flows on the highway network.

7.3.3 The initially submitted Design and Access Statement identified that with the waste management option secured, i.e. the use of the de-watered silt in the remediation of the Cross Vein Mine, that it would be removed from the Peel lagoon and transported to the Cross Vein Mine. The removal of existing de-watered silt is expected to take place in the third quarter of 2026. Excavators will initially be used to remove the vegetation established on the surface of the site, and the silt dug out and loaded into tipper trucks for transport to the Mine.

7.3.4 Monitoring shows that dewatering has consolidated and reduced the volume of the existing dredged material from approximately 23,000m3 to approximately 16,000m3. Trip generation has been calculated on the basis that the consolidated, dewatered dredged material will be transported using 3-axle or 4-axle tipper trucks with a payload of approximately 10m3 (equating to approximately 20 tonnes) per truck. On this basis, the figures set out in the Design and Access Statement indicated that the emptying the lagoon will require the transport of 1,600 truckloads of dredged material from the lagoon via the primary road network, which equates to 3,200 two-way HGV movements. It was stated that a fleet of 5 trucks was expected to be used to transport the dredged material, and that each truck was expected to make 4 deliveries per day, equating to 20 truckloads per day representing 40 two-way HGV movements per day. At an average of 20 truckloads per day, the emptying of existing dredged material from the lagoon was expected to take 80 days within the period from July to October 2026.

7.3.5 The transport route from the lagoon to the primary road network was and still is expected to be along the designated HGV route through Peel. This route is designated under the Long or Heavy Vehicles (Designated Roads) Order 2015 and comprises sections of Mill Road, Station Road, the A27 (Patrick Street), Heathfield Drive and Queens Drive before reaching the primary road network at the A1 (Tynwald Road/Douglas Road). The DOI's road hierarchy map (DOI, 2016) classifies Mill Road as an access road and Station Road, the A27 (Patrick Street), Heathfield Drive and Queens Drive as secondary roads. Part of Mill Road forms part of the Heritage Trail and is also classified as a PROW. The route would pass the Queen Elizabeth II High School, and for this reason it was stated that the transport of the sediment from the site to the Cross Vein Mine would not be undertaken at times of drop-off or pick-up of pupils at Queen Elizabeth II High School.

7.3.6 The application includes 2024 traffic data to establish current traffic flows along the identified route. Along Mill Road, adjacent to the House of Manannan parking, average bi- directional vehicle flow is recorded at 968. The estimated 40 HGV movements a day for the transport of the sediment would equate to an increase in traffic flow of approximately 4.1%. Along Heathfield Drive average daily flows are recorded at 1711, so that the expected 40 HGV

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movements would represent an increase in flows of approximately 2.3%. The data provided also allows for classification of vehicle type, including heavy vehicles/HGVs. The 40 heavy vehicle trip increase would equal a 3.6% increase in heavy vehicle distribution along Mill Road, and a 2.1% increase in heavy vehicle distribution along Heathfield Drive.

7.3.7 Based on the HGV movements set out in the Design and Access Statement DOI Highway Services, as set out above, have advised that the overall increase in vehicle flow and the HGV distribution along the road falls below 5% for both counter sites and that the expected increase in vehicle flow should not create any unacceptable road safety or highway network efficiency. They have therefore advised that the proposal raises no significant road safety or highway network efficiency issues. Accordingly, DOI Highway Services raises no objection to the proposal.

7.3.8 It should be noted that the recent Planning Application Ref. 25/90698/B for the Cross Vein Mine remediation scheme, which includes a Transport Statement, which revises the number of vehicle movements associated with the transport of the de-watered silt form the Peel de-watering lagoon. The application includes in the description of development the "Transportation of sediment from the Peel silt lagoon to Cross Vein Mine", even though strictly speaking the transport of the material between the two sites in not development for which planning permission is required. It too identifies that approximately 16,000m3 of dredged sediment will be transported to the Cross Vein mine over a period of approximately three months, between August 2026 and October 2026, with an estimated of 8m3 per load. This is over a slightly shorter period but at a higher rate than stated in the Design and Access Statement for the planning application for the decommissioning of the lagoon and discharge pipeline. This it states will give rise to approximately 2,000 HGV loads. Assuming a 22-day working month, with the average number of HGV movements per day expected to be approximately 60 two-way movements, i.e. 30 movements each way. Although these figures are higher than those included in the Design and Access Statement submitted with Planning Application Ref. 24/00301/B, the Transport Assessment concludes that even at this slightly higher level of HGV movements per day, it will have no material impact on the operation of local road network.

7.3.9 In terms of the management of HGV traffic, Planning Application Ref. 25/90698/B states that a Traffic Management Plan will be prepared to control vehicular traffic movements. Similar references were included in the initially submitted EIA Report for the current application, although these were subsequently deleted, and included in Transport Statement included with Planning Application Ref. 25/90698/B for the Cross Vein Mine remediation scheme.

7.3.10 Highway Services in responses to Planning Application Ref. 25/90698/B have advised that they agree that even with the higher number HGV movements, that the proposal will have no significant negative impact upon the highway network in terms of highway safety or network functionality given the temporary in nature of the development.

7.3.11 In terms of the impact on highways the application can therefore be considered to be compliant with The Isle of Man Strategic Plan 2016 Strategic Policy 10, General Policy 2, Paragraph (i) and Waste Policy 1.

7.4 Impacts on the Water Environment

7.4.1 The key issue in relation to the water environment is whether there is any risk of contamination particularly as result of the discharges from the discharge pipeline into the Peel Marina and the River Neb.

7.4.2 Relevant policy includes that set out in The Isle of Man Strategic Plan 2016, Strategic Policy 4, Waste Policy 1, Environment Policy 7 and Environment Policy 22.

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7.4.3 The assessment of the impacts on the water environment is set out in the EIA Report (Chapter 4 - Water Quality). The assessment identifies that a site investigation undertaken for the DOI in 2024 identified the level of contaminants within the dredged material in the lagoon. The analytical results show elevated concentrations of lead and zinc in some sediment samples, and elevated concentrations of zinc in some leachate samples.

7.4.4 The EIA Report (for the current application) refers back to the EIA Report for the original 2018 planning application which identified the potential for dewatering to change water quality conditions in the River Neb and Peel Harbour by discharging contaminated effluent during dewatering. The contaminants of particular concern were identified as being lead and zinc.

7.4.5 The original EIA Report recommended the implementation of mitigation measures, including design and management measures, including the capacity of the lagoon, use of internal bunds, the input rate of dredged material, retention time, discharge rates, and the use of flocculation and solidification agents...and that monitoring be undertaken of water quality in the River Neb and Peel Harbour before, during and after dewatering to determine compliance with water quality standards. Successful implementation of the mitigation measures and monitoring was assessed to result in a minor adverse residual impact on water quality.

7.4.6 The extended dewatering of the dredged material now proposed is identified in the updated EIA Report as continuing to having the potential to change water quality conditions in the River Neb and Peel Harbour by discharging contaminated effluent into Peel Marina. However, it also identifies that there have in fact been only very limited discharges of dewatering effluent to date (i.e. it has happened on only two occasions in 2020) with dewatering largely taking place by surface evaporation and so that further discharges during the extended dewatering period are now considered unlikely.

7.4.7 It is proposed that the operation of the lagoon will continue to use the same dewatering method, and will continue to be monitored in accordance with an updated Water Quality Monitoring Plan. The Updated EIA Report identifies that the water quality monitoring undertaken to date provides a good predictive tool for identifying the magnitude of changes to water quality that may arise during the dewatering for the proposed development.

7.4.8 Water quality monitoring was undertaken during 2020 and 2021 indicates that water quality did not change discernibly during lagoon dewatering and did not significantly change water quality in relation to the baseline conditions and chemical and metal quality standards for inland waters.

7.4.9 The assessment accordingly concludes that given the limited likelihood of further discharges, and the limited changes in water quality associated with previous discharges in 2020, the impact on water quality due to extended dewatering, should the discharge of dewatering effluent occur over the extension period, it will have no more than a minor adverse impact on water quality in the vicinity of the effluent discharge point in the marina, and a negligible impact on water quality beyond the marina in the River Neb and Peel Harbour.

7.4.10 Accordingly, it identifies that no mitigation is required in addition to the mitigation embedded within the proposed development and there will remain a minor adverse residual impact on water quality in the marina and a negligible residual impact on water quality beyond the marina.

7.4.11 As set out above the EPU has advised that it has no objection and that it will continue to licence and inspect the Peel Dewatering Lagoon, while the Inland Fisheries Policy Manager has no commented on the application.

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7.4.12 The application can accordingly be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policy 4, Waste Policy 1, Environment Policy 7 and Environment Policy 22.

7.5 Impacts on Soil Quality

7.5.1 The primary concern in relation to the impacts on soil quality relates to whether the storage of dredged material has had any impacts on the soils on the site, given that the intention is to return the restored site back to it previous agricultural grazing use.

7.5.2 Relevant policy includes that set out in The Isle of Man Strategic Plan 2016, Strategic Policy 4, and Environment Policy 22, although this is primarily concerned with pollution of the surface and groundwater.

7.5.3 The assessment of the impacts on soils is set out in the EIA Report (Chapter 5 - Soil Quality). It builds on the information included in the EIA Report for Planning Application Ref. 18/01293/B.

7.5.4 The assessment identifies that soils on the site are characterised by an upper topsoil layer (of 0.4m) comprising a sandy dark loam and a subsoil layer (to >2m) comprising sandy gravels with cobbles/occasional cobbles and occasional clays, with some alluvial bedding planes, and a water level of 2m or deeper.

7.5.5 It identifies that the metal content of the soil was generally below and occasionally just above the limits of detection for all metals at all depths. Compared to Waste Acceptance Criteria (WAC) for landfills, the metal content was below the inert waste limit values for all metals at all depths. On this basis, the soil at the lagoon site is considered to be generally uncontaminated by metals.

7.5.6 The assessment identifies that the original EIA Report identified the impact (as a risk) that contaminants in the dewatering effluent from the dredged material could leak through the lagoon's liner and have an adverse impact on the soil quality beneath the lagoon. To address this risk, it recommended that the liner installed at the lagoon be of sufficient integrity to act as a hydraulic barrier to prevent discernible leakage.

7.5.7 The lagoon's existing liner comprises a 10mm thick geosynthetic clay liner specifically designed for landfill, lagoon and bund lining. It consists of a layer of naturally occurring sodium bentonite clay secured between woven and non-woven geotextiles. Hydration causes the bentonite to swell in a manner controlled by the geotextiles and thereby form a dense, impervious waterproof membrane that can self-seal along overlapping liner sections and self- heal punctures. According to the manufacturer, the lagoon's geosynthetic clay liner provides a hydraulic barrier with a performance that is better than a 1m thick compacted clay liner.

7.5.8 The assessment identifies that the existing liner should be of sufficient durability to act as a hydraulic barrier to prevent discernible leakage over the duration of the proposed development (i.e., up to the end of 2027). However, there is the potential for excavators and other large mechanical plant to damage the existing liner (e.g., puncture or split the liner) when removing the dredged material from the lagoon. Damage could occur in one or more locations and at a scale that would be too large for the liner to sufficiently self-seal and/or self- heal. If this were the case, then there would be a risk that contaminants in the dewatering effluent from the dredged material could leak through the damaged parts of the lagoon's existing liner and have an adverse impact on the soil quality beneath the lagoon.

7.5.9 On the basis of the above assumptions and the ongoing inspection of the existing liner, the assessment concludes that there should be a negligible impact (as a risk) of contaminants leaking into the underlying soil and adversely affecting soil quality. As a result no additional

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mitigation is identified as being required in addition to the implementation of the revised Environmental Management Plan and Site Working Plan) and that and there will as a result remain only a negligible impact on soil quality.

7.5.10 There have been no objections from any consultees in relation to the impacts on soil quality.

7.5.11 The application can accordingly be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policy 4, and Environment Policy 22.

7.6 Air Quality

7.6.1 The key issue in terms of the impacts on air quality, relate to the potential for release of fugitive dust emissions and dust nuisance.

7.6.2 Relevant policy includes that set out in The Isle of Man Strategic Plan 2016, Strategic Policy 4, Waste Policy 1, Environment Policy 7 and Environment Policy 22.

7.6.3 The original EIA Report identified the potential for fugitive dust emissions and dust nuisance effects to arise due to the surface erosion of the dredged material in the lagoon. It identified the magnitude of this impact to be negligible to medium, and that short-lived to prolonged dust emissions were assessed to have a minor to moderate adverse impact on air quality because of the public open spaces and residences and other properties close to the dewatering lagoon. The EIA Report recommended mitigation measures to manage fugitive dust emissions be implemented in the specification of work to be undertaken by the appointed contractor, including the provision of dust suppression. Successful implementation of the mitigation measures was assessed to result in a negligible residual impact on air quality due to fugitive dust emissions.

7.6.4 The updated EIA Report identifies that the proposed development will similarly have the potential for fugitive dust emissions and air quality impacts in the form of dust nuisance effects due to the surface erosion of the exposed dredged material in the lagoon. The potential for fugitive dust emissions it states could vary substantially from day to day and depending on local climatic conditions. This is because fugitive dust emissions are more likely to occur during dry, hot and/or windy weather. However, the assessment also identifies that whilst there are adjacent and nearby commercial properties, there are no residential properties situated adjacent to or around the lagoon. The nearest residential properties to the lagoon are the row of houses (Close Chairn) situated alongside the River Neb approximately 50m to 60m to the west of the lagoon site.

7.6.5 The assessment concludes that dust emissions are likely to be only short-term in duration and, therefore, are considered unlikely to cause any discernible change to air quality based on PM10 limits, but will have the potential to cause dust nuisance effects in certain wind conditions. It identifies that dust management measures may need to be implemented through a revised Environmental Management Plan, and in particular the deployment of dust suppression during dry weather and periods of high northerly winds, but that with this in place, any fugitive dust emissions are likely to be short lived, with no more than a negligible to minor adverse residual impact on local air quality.

7.6.6 Again, there have been no objections from any consultees in relation to the impacts on air quality.

7.6.7 On this basis the application can be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policy 4, and Environment Policy 22.

7.7 Biodiversity and Nature Conservation

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7.7.1 The key issue is whether the decommissioning of the lagoon and discharge pipeline and the restoration of lagoon site have any potential to disturb or cause loss of sensitive habitats and species.

7.7.2 Relevant policy includes that set out in The Isle of Man Strategic Plan 2016 Waste Policy 1, and Environment Policies 1 and 2.

7.7.3 The original EIA Report identified two sensitive species to be present within the area adjacent to the lagoon and around upstream end of the discharge pipeline route. common lizard and black guillemot.

7.7.4 The ecological survey undertaken prior to the 2018 planning application confirmed the presence of common lizard along the discharge pipeline route; particularly where the discharge pipeline is routed between the footpath alongside the River Neb and the lagoon. On the back of this finding, a walkover survey and habitat assessment were undertaken by the Manx Wildlife Trust (MWT) to inform the EIA Report for Planning Application Ref. 18/01293/B and confirmed the presence of habitat suitable for common lizard in the area adjacent to the lagoon and the upstream end of the discharge pipeline route.

7.7.5 Similarly black guillemot was identified as having colonised some of the drainage holes in the uppermost rows of blocks forming the quay walls around Peel Marina with a peak count of black guillemot within Peel Marina in 2019 of 34 individuals.

7.7.6 The assessment also identified muddy shores and estuaries and sandy beach habitats in around Peel harbour and the River Neb channel as being made up of natural substrate including exposed bedrock, boulders, gravels and silts, with the river as supporting salmonid species, including brown/sea trout and salmon and other species including European eel, brook lamprey and river lamprey and a number of invertebrate communities.

7.7.7 In terms of the impact of water quality changes on the river and marine ecology the updated assessment identifies that there has to date only been a negligible to minor adverse impact on river and marine ecology.

7.7.8 It identifies that the extended dewatering has the potential to cause changes to water quality and have an indirect adverse effect on ecological receptors, particularly in the lowermost reach of the River Neb and Peel Harbour by discharging contaminated effluent into Peel Marina. This may result from but not limited to, reduced dissolved oxygen levels, increased nutrient levels, increased turbidity, increased suspended solids concentrations and increased metal and other contaminant concentrations, which can cause a range of physical, physiological and behavioural effects. The impact of these effects will depend on the intensity and duration of exposure.

7.7.9 However, because there have been only very limited discharges of dewatering effluent to date (i.e., two occasions in 2020), and the assessment identifies that the impact on water quality due to dewatering for the proposed development will have only a minor adverse impact on water quality in the vicinity of the effluent discharge point in the marina, and a negligible impact on water quality beyond the marina in the River Neb and Peel Harbour. It therefore concludes that the water quality changes due to extended dewatering would have only a negligible to minor adverse impact on river and marine ecology.

7.7.10 On this basis the assessment concludes that no mitigation is required for impacts on water quality other than the revision and updating of the Environmental Management Plan and revised Water Quality Monitoring Plan.

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7.7.11 The postponed removal (decommissioning) of the discharge pipeline is identified as having the potential to damage and/or disturb the habitat suitable for common lizard in the area adjacent to the lagoon and the upstream end of the discharge pipeline route. The assessment notes that a Common Lizard Mitigation Plan was prepared for the existing development and was implemented to reduce impacts on common lizard during installation of the pipeline. The recommendations made in the mitigation plan were relevant to pipeline removal as part of the existing development and, therefore, remain relevant to postponed pipeline removal under the proposed development. Notably, the mitigation plan recommended that another walkover survey be undertaken to review the habitat suitability and risk assessment and, if necessary, to update the mitigation measures. This work should be undertaken in advance of the postponed pipeline removal and should be reported in an addendum to the mitigation plan. It was also recommended that an Ecological Clerk of Works be used during decommissioning to ensure that pipeline removal also complied with the mitigation measures set out in the mitigation plan to avoid impacts on common lizard.

7.7.12 As set above DEFA - Ecosystem Policy Team have advised that they have no objection to the application subject to the inclusion of a condition requiring that the appointment of an Ecological Clerk of Works to undertake an updated assessment for common lizards prior to pipeline removal, and to be in place during removal to ensure compliance with mitigation measures. The Inland Fisheries Policy Manager has not commented on the application.

7.7.13 On this basis the application can be considered to be compliant with The Isle of Man Strategic Plan 2016 Waste Policy 1, and Environment Policies 1 and 2, subject to inclusion of a condition requiring that the appointment of an Ecological Clerk of Works to undertake an updated assessment for common lizards prior to pipeline removal, and to be in place during removal to ensure compliance with mitigation measures.

7.8 Landscape Impacts

7.8.1 The key issue in terms of the landscape impacts is whether the decommissioning of the lagoon and discharge pipeline and the restoration of the area of the lagoon will have any adverse landscape and visual impacts.

7.8.2 Relevant policy includes that set out in The Isle of Man Strategic Plan 2016, Strategic Policy 4, Waste Policy 1, Environment Policies 1 and 2.

7.8.3 The assessment of the impact on landscape is set out in the EIA Report (Chapter 8 - Landscape). As with other chapter it builds on the information included in the EIA Report for Planning Application Ref. 18/01293/B.

7.8.4 It sets out that the original 2018 EIA Report identified the potential for the physical presence of the lagoon to affect some, but not all, of the characteristics and features that contribute to the landscape character along the Rover Neb. It noted the magnitude of this impact would be low because the lagoon will cover a relatively small area and will be formed from natural materials and would not extend the built-up edge of Peel into the wider Neb landscape to the south. It also noted the sensitivity/value of the landscape character to be low given the proximity of the built-up edge of Peel and the neighbouring premises of the power station and fuel storage tanks. The physical presence of the lagoon was assessed to result in a minor adverse impact on the landscape area, noting that this impact was temporary for a maximum of five years because the lagoon was to be decommissioned and the field reinstated.

7.8.5 Although no mitigation measures were required, the EIA Report recommended that the outer bund edges be seeded with an appropriate grass mix to soften the lagoon's appearance after construction. Successful implementation of the mitigation measures was assessed to result in a minor adverse residual impact on landscape character until the lagoon was decommissioned and the field reinstated.

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7.8.6 The updated assessment notes that the proposed development will extend the physical presence of the lagoon within the landscape to the end of December 2027 and, therefore, will extend the potential for the lagoon to affect the Neb landscape character.

7.8.7 It identifies that because of the location of the lagoon between Peel Power Station and the farmland to the south (although this is now being developed), the lagoon has the potential to affect the elements of the Neb landscape character associated with the edge of the built-up area of Peel and farmland grassland habitats. It has no potential to affect historic landscape features located in the Neb catchment well upstream of Peel and Ballaterson Farm, and no potential to affect the inherent landscape sensitivities of the Neb landscape.

7.8.8 It also notes that the lagoon has been in place for approximately five years. It covers a relatively small area (less than one hectare) of the landscape's farmland grassland and is formed from natural materials (i.e., soil excavated from the field) and covered by grass and scrub vegetation. For these reasons it states that the lagoon does not extend the built-up edge of Peel into the Neb landscape.

7.8.9 It concludes that the extended duration of the physical presence of the lagoon has been limited, as has the potential to directly disturb or alter the context and setting of the Neb area's landscape characteristics and features, or its inherent landscape sensitivities.

7.8.10 Overall it concludes that the lagoon's form, construction materials and vegetation limit its potential to change or affect the context and setting of the landscape character by minimising change and an extension of a 'hard' built up edge into the Neb area. Also, the lagoon's situation on the edge of Peel is more suitable than another location further up the catchment and further into the Neb landscape area. The proximity of Peel, including the nearby power station and fuel storage tanks, other industrial and commercial properties, roads and residential proprieties, it states, detract from any sense of remoteness and tranquillity. On this basis the assessment concludes that the extended duration of the physical presence of the lagoon will have only a minor adverse impact on the landscape area. This impact will be temporary up to the end of December 2027 by which time the lagoon will be decommissioned and the field will be reinstated. Consequently the assessment identifies that no mitigation measures are required and there will remain no more than a minor adverse residual impact on the landscape area until the lagoon is decommissioned, and the field is reinstated.

7.8.11 Similarly in terms of the impact on views the updated assessment identifies that the extended duration of the physical presence of the lagoon has no more than limited potential to directly affect views from a number of close by and distant locations, particularly views from a short stretch of the adjacent Heritage Trail. This impact will be temporary up to the end of December 2027 by which time the lagoon will be decommissioned and the field will be reinstated. Again it identifies that no mitigation measures are required and that whilst there will remain a minor adverse residual impact on views this will only be for a relatively short additional duration until the lagoon is decommissioned and the field is reinstated.

7.8.12 As set out above there have been no adverse or objection comments in relation to the landscape and visual impacts.

7.8.13 On this basis the application can be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policy 4, Waste Policy 1, Environment Policies 1 and 2.

7.9 Other Matters

7.9.1 Other matters addressed in the EIA Report include the impacts on recreation and amenity addressed in Chapter 9 Recreation and Amenity and the impact on cultural heritage and archaeology which is addressed in Chapter 10 Cultural Heritage and Archaeology.

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7.9.2 Recreation and Amenity: The main concern is with the impact on the two Public Rights of Way adjacent to the lagoon and the discharge pipeline, the Heritage Trail from Peel to Douglas, and the riverside footpath along the right-hand bank of the River Neb.

7.9.3 In the original 2018 EIA Report in particular identified the potential for the discharge pipeline to affect the use of the Heritage Trail and riverside footpath for recreation and amenity. The pipeline was assessed to result in a minor adverse impact on the use of the Heritage Trail and riverside footpath for recreation and amenity, as neither of the PROWs were to be closed or diverted, but also that the impact would only be temporary for a maximum of five years because the pipeline was to be decommissioned.

7.9.4 The updated assessment identifies that the proposed development will extend the physical presence of pipeline to the end of December 2027 and, therefore, will extend the potential for the lagoon to affect the use of the Heritage Trail and riverside footpath for recreation and amenity. These impacts result from lighting to illuminate potential obstructions, signage to warn of potential hazards, and ramps to maintain access by foot, wheelchair, bicycle, etc. The extended duration of the physical presence of the pipeline is assessed as continuing to have a minor adverse residual impact on the use of the Heritage Trail and a negligible residual impact use of the riverside footpath. This impact will be temporary up to the end of December 2027 by which time the pipeline and its ramps, lighting and signage will be decommissioned.

7.9.5 There no objections from any of the consultees, and no reasons to consider the proposed extended physical retention of the lagoon and discharge pipeline or their decommission will be unacceptable in terms of the impacts on recreation and amenity or that it would give rise to any issues in terms of compliance with relevant development plan policy, which includes The Isle of Man Strategic Plan 2016, Recreation Policy 5.

7.9.6 Cultural Heritage and Archaeology: The previous EIA Report identified that the main concerns was with whether there was any potential for intrusive excavation works associated with the construction of the lagoon to disturb substrate and, therefore, to potentially disturb previously undiscovered historic (archaeological) material that may be buried beneath the lagoon site. It noted the magnitude of this impact to be minor given the small area and low depth of excavation works required to construct the lagoon. It also noted the sensitivity/value of the lagoon site to be negligible given that the Historic Environment Record does not show the lagoon site to be of known or potential archaeological significance. It concluded that the risk of archaeological material being present at the lagoon site and being disturbed by intrusive excavation works could not be entirely ruled out and, and on the basis of this uncertainty, the lagoon construction was assessed to have the potential for a minor adverse impact on unknown archaeology.

7.9.7 The updated EIA Report identifies that the extended retention of the lagoon and discharge pipeline will not involve intrusive excavation works and is not therefore likely disturb previously undiscovered historic (archaeological) material that may be buried beneath the lagoon site. The lagoon will be decommissioned and the field reinstated.

7.9.8 While these works will involve redistributing previously disturbed substrate, it is highly unlikely that they would disturb previously undiscovered historic material. The assessment confirms that no historic material was discovered during construction of the lagoon. Nevertheless, it identifies that there is a theoretically a slight chance that works for lagoon decommissioning and field reinstatement may reveal historic material that was previously disturbed by the lagoon construction works but not discovered. Accordingly, the magnitude of this impact is assessed to be negligible.

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7.9.9 Overall, the assessment concludes that the risk of archaeological material being present at the lagoon site and being disturbed by works for lagoon decommissioning and field reinstate cannot be ruled out completely. As mitigation it is proposed that a revised Environmental Management Plan be put in place and that includes a chance find procedure. On this basis it is concluded that there will be a negligible impact on unknown archaeology.

7.9.10 Again, there no objections from any consultees, and no reasons to consider the proposed extended physical retention of the lagoon and discharge pipeline or their decommission will be unacceptable in terms of the impacts on cultural heritage and archaeology: or that it would give rise to any issues in terms of compliance with relevant development plan policy, which includes The Isle of Man Strategic Plan 2016, Recreation Policy 5.

7.9.11 A third party representations queries whether an application can be approved essentially to vary the end date of the permission, more then six years after the originally permission was approved. Given that this application was submitted prior to the previous approval expiring, and also noting that retrospective applications are permitted, there is no procedural issue with this application in this regard.

7.9.12 Comments have also been made about enforcement action, which are not considered material to the determination of this application.

8.0 CONCLUSION

8.1 The Officer's report on Planning Application Ref. 18/01293/B, in 2019 concluded that the site could be developed as temporary de-watering lagoon, together with the associated pipelines, without prejudicing the long-term development of the lagoon site in accordance with its land-use zoning in the Local Plan, but that the grant of planning permission should ensure by condition that the site is restored to its original condition as agricultural land.

8.2 The position now remains essentially unchanged, except that the planning application for the remediation of the Cross Vein Mine has now been submitted as a separate but concurrent application. The timescales for the proposed works linked to the Cross Vein Mine remediation scheme tie in with the proposed end date for restoration of the Peel de-watering lagoon, and on this basis it is recommended, in principle, that this application, also be approved essentially with a shorter and amended set of similar conditions to those contained in Planning Permission Ref. 18/01293/B, to the extent that these needs only to deal with the decommissioning of the lagoon and discharge pipeline and restoration of Field 315179 subject to the proposal being acceptable in terms of the traffic and environmental impacts.

8.3 In terms of the environmental impacts key issues include the effects in relation to highways, the water environment, soil quality, air quality, biodiversity and nature conservation, landscape impacts and also recreation and amenity and cultural heritage and archaeology. The conclusions of the assessment in the updated EIA report of the impact across these issues has not change significantly since they were considered when the original application for the construction of the de-watering lagoon and discharge pipeline was approved in March 2019, with the impact being assessed as being negligible to minor averse, but of only limited duration, with the lagoon site and the route of the discharge pipeline being restored to their original condition by 31st December 2027. Although the Peel Commissioners have maintained their initial objection to the proposal because of concerns about securing an alternative waste management option to re-use and/or dispose of the dredged material from Peel Marina, technical consultees have advised that they have no objection subject to the imposition of conditions to secure mitigation through the proposed revision and updating of the previously approved Management Mitigation and Monitoring Plans.

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8.4 The application can accordingly be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policies 1,2, 4 and 10, Waste Policy 1, General Policy 2, and Environment Policies, 4, 7, 22 and 24 and Recreation Policy 5, and is therefore recommended for approval subject to the conditions set out in this report.

9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 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 above who should be given Interested Person Status

9.3 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 that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 26.01.2026

Signed : Mr Andrew Sierakowski Presenting Officer

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.

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PLANNING COMMITTEE DECISION 26.01.2026

Application No. : 24/00301/B Applicant : Department Of Infrastructure Harbours Division Proposal : Ongoing operation and decommissioning of a temporary lagoon facility for dewatering and storing sediment dredged from Peel Marina with associated temporary pipelines along and alongside the River Neb between Ballaterson Farm and Peel Marina until 31st December 2027 Site Address : Field 315179 Ballaterson Farm Glenfaba Road Peel Isle Of Man

Presenting Officer : Andrew Sierakowski

Addendum to the Officer’s Report

The case officer amended the recommendation in relation to the wording of conditions C3 and C6, and there were consequential changes to the reason for approval following the refusal of 25/90698/B earlier in the meeting - as set out below. The committee approved the application as per the amended recommendation.

C 3. The timing of works shall only be undertaken in accordance with the Programme of Works set out in Section 2.4 and Paragraphs 2.4.1-2.4.2 and the overall timescales set out in Tables 2.4 and 2.5 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

Reason: In the interests of local amenity and to ensure that the mitigation measure relating to timing of works is implemented.

C 6. Prior to the commencement of decommissioning works, revised and updated versions of the following management, mitigation and monitoring plans shall be submitted to the Department for written approval, in accordance with the details set out in the Table 2.6 of the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

Environmental Management Plan (EMP); o Site Working Plan (SWP); o Water Quality Monitoring Plan (WQMP); and o Common Lizard Mitigation Plan (CLMP).

The Site Working Plan shall also include:

o Programme and details of the hours and number of the daily HGV movements to and from the site and measures to prevent the deposition of mud on the roadA programme and details of the hours and number of daily HGV movements to and from the site; o Details of any lighting to retained on the site for use during the further operation of the de-watering lagoon and during its decommissioning; and

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o Details of the car parking to be provided for construction staff during the decommissioning phase.

Each plan shall subsequently be implemented in accordance with the approved details set out the approved plan.

Reason: To ensure management, mitigation and monitoring plans in accordance with the details set out in the Environmental Impact Assessment Report, The Bates Partnership, dated April 2025.

Reason for approval: The Officer's report on previously approved Planning Application Ref. 18/01293/B, in 2019 concluded that the site could be developed as temporary de-watering lagoon, together with the associated pipelines, without prejudicing the long-term development of the lagoon site in accordance with its land-use zoning in the Local Plan, but that the grant of planning permission should ensure by condition that the site is restored to it original condition as agricultural land.

The position now remains essentially unchanged . except that the planning application for the remediation of the Cross Vein Mine has now been submitted as a separate but concurrent application. The timescales for the proposed works linked to the Cross Vein Mine remediation scheme tie in with the proposed end date for restoration of the Peel de-watering lagoon, and on this basis it is recommended, in principle, that this application, also be approved essentially with a shorter and amended set of similar conditions to those contained in Planning Permission Ref. 18/01293/B, to the extent that these needs only to deal with the decommissioning of the lagoon and discharge pipeline and restoration of Field 315179 subject to the proposal being acceptable in terms of the traffic and environmental impacts.

The conclusions of the assessment in the updated EIA report of the impact across the range of environmental effects has not change significantly since they were considered when the original application for the construction of the de-watering lagoon and discharge pipeline was approved in March 2019, with the impact being assessed as being negligible to minor averse, but of only limited duration, with the lagoon site and the route of the discharge pipeline being restored to their original condition by 31st December 2027. The application can accordingly be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policies 1,2, 4 and 10, Waste Policy 1, General Policy 2, and Environment Policies, 4, 7, 22 and 24 and Recreation Policy 5. __