200554 — 24/10057/AIR | Planning Portal IoM

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24/10057/AIR PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/10057/AIR Applicant : Eden Business Park Proposal : Information in relation to condition 13, 14 and 15 for PA 22/00416/B - Eden Park development. Site Address : Field 521881 Cooil Road Douglas Isle Of Man

Planning Assistant: Daniel Spencer

Recommended Decision: Permitted

Date of Recommendation: 11.07.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

NOTE. The approved documents and plans are deemed sufficient and would be considered satisfactory for the following planning conditions of application 22/00416/B;

o Condition 13 with the understanding that the works must be undertaken in strict accordance with these measures.

o Condition 14 with the understanding that the appointed person shall supervise the pre- construction and construction phases of the development to oversee all protected species work, the implementation of measures identified within a Construction Environmental Management Plan (CEMP) and the creation and implementation of an ecological mitigation plan.

o Condition 15 with the understanding that the approved Ecological Mitigation Plan shall be fully adhered to in accordance with these approved measures.

Plans/Drawings/Information;

This decision is related to the following submitted documents and plans:

o 23_47 Cooil Rd Ecological Mitigation Plan MAR 24 FINAL submitted on the 12.06.2024. o 23_47 Cooil Road Precautionary Working Note submitted on the 12.06.2024. o Cooil Road Construction Environmental Management Plan submitted on the 12.06.2024. o Hart 32-000-21 - Ecological Mitigation Plan Sheet 1 of 3 submitted on the 12.06.2024. o Hart 32-000-22 - Ecological Mitigation Plan Sheet 2 of 3 submitted on the 12.06.2024. o Hart 32-000-23 - Ecological Mitigation Plan Sheet 3 of 3 submitted on the 12.06.2024.

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24/10057/AIR Officer’s Report

1.0 Description

1.1 The proposed application 22/00416/B was approved on 24.07.2023 for the combined approval in principle and full approval for phased development for industrial and business park uses including Class 2.1, 2.2, 2.3 and 2.4 together with access and associated infrastructure. Full approval for the access, estate road, strategic drainage infrastructure, structural landscaping and biodiversity enhancement areas and with Phase 1 of the employment units (Zone A). All matters apart from access reserved for the development within Zones B, C and D which was subject to 31 conditions some of which required submission of additional information prior to the commencement of works.

1.2 This report is specific to Conditions 13, 14 & 15 which the applicants are seeking to satisfy.

1.3 Specific wording of the condition as follows:

'C13 - Prior to the commencement of any development (including clearance and enabling works, taking place) hereby approved A Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department which details the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o Precautionary Working Method Statement (PWMS) for birds which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal, checks by ecologists, installation of suitable located bird boxes prior to tree felling and site clearance, and mitigation should breeding birds be found or issues be encountered in relation to red list species; o PWMS for bats which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - to include pre-felling inspections and, timing of felling, installation of bat boxes prior to felling, responsible construction lighting, protection measures to avoid damage to surrounding trees and habitats, as well as the measures to be taken if bats or evidence of bats is found, including the erection of additional bat boxes; o PWMS for common frogs, which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on frogs - reasonable avoidance measures (RAMs) for frogs and mitigation should frogs be found (may include the creation of additional hibernacula features). o PWMS for viviparous lizard, which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on lizards - RAMs for lizards and additional mitigation should lizards be found; o PWMS for schedule 8 plants - to include an updated survey for Schedule 8 invasive plant species prior to any works taking place, adoption of responsible working methods to ensure invasive plants are not spread and comprehensive removal plans for any Schedule 8 plants found on site. o Measures to the protection of boundary hedges and other areas of habitat during construction, including protective fencing of all of the hedges and boundary features and construction exclusion areas. o Measures to be taken to prevent water, sediment and pollution runoff from site, including measures to prevent the degradation of neighbouring wetland habitat and to measures for the avoidance of light pollution onto surrounding habitats.

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24/10057/AIR o Thresholds for further ecological surveys, e.g. should further evidence be found of use of the site by bird species of conservation concern.

Reason: To ensure adequate protection of protected species on the site.'

'C14 - Prior to the commencement of the development (including clearance and enabling works, taking place) hereby approved details of a suitably qualified Ecological Clerk of Works (ECoW) shall be submitted for approval by the Department and the appointed person shall supervise the pre-construction and construction phases of the development to oversee all protected species work, the implementation of measures identified within a Construction Environmental Management Plan (CEMP) and the creation and implementation of an ecological mitigation plan.

Reason: To ensure adequate protection of protected species on the site.'

'C15 - Prior to the commencement of any development (including clearance and enabling works, taking place) hereby approved an Ecological Mitigation Plan, created with a suitable qualified ecological consultancy shall be submitted to and approved in writing by the Department, and should include a timescale for implementation. The Ecological mitigation plan will need to incorporate the following: o Plans to mitigate against the loss of bat roost features, including the provision of incorporated bat boxes in the new buildings, external bat boxes on new trees, veteranisation of trees/ creation of bat roost features within trees, and the retention and translocation of the tree trunk which has high potential for a bat maternity colony. o Plans to mitigate the loss of nesting bird features and habitat- the creation of new habitats or habitat features, enhancement of existing habitats, inclusion of bird boxes and bricks in the new buildings and on trees etc. o Plans for the creation of all of the new habitat features- thicket planting, mixed native hedgerow woodland planting, species rich grassland and wetland grassland creation (all shown on the illustrative landscape - strategic drainage plan (Drg no. 1579/15-102 REV F), o Plans for the long-term management of these new habitat features and for the orchid patch which is present in field 522153. The plan for the orchid patch should include annual management methodologies, plans for responsible removal of the spreading willow trees and ideally plans for the expansion of the orchid area. o Plans for the creation of artificial refuges and hibernacula to mitigate against the loss of log and rubble piles in accordance with recommendations of MWT's Protected Species Report for Common Frog.

The approved Ecological Mitigation Plan shall be fully adhered to in accordance with these approved measures.

Reason: To ensure adequate ecological mitigation on the site.' 2.0 Proposal

2.1 The applicant has submitted 23_47 Cooil Road Precautionary Working Note, Cooil Road Construction Environmental Management Plan, Hart 32-000-21 - Ecological Mitigation Plan Sheet 1 of 3, Hart 32-000-22 - Ecological Mitigation Plan Sheet 2 of 3 and Hart 32-000- 23 - Ecological Mitigation Plan Sheet 3 of 3 which provides information on avoidance and mitigation methods for the development in the form of a Construction Environmental Management Plan and Precautionary Working Method Statement for condition 13 and information within the CEMP advising Ecology Vannin will be used as the Ecological Clerk of Works for condition 14. Also submitted was 23_47 Cooil Rd Ecological Mitigation Plan MAR 24 FINAL which provides a mitigation plan for the development which includes information

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24/10057/AIR on mitigation for new habitat features, bats, birds, frogs and lizards as well as the long term management for said mitigation for condition 15.

3.0 Consultation

3.1 The Ecopolicy Officer was consulted for advice on the satisfaction of condition. The advice received on 20.06.2024, after their review of the submitted documents, concludes that they are pleased that the information satisfies the relevant clauses.

4.0 Recommendation

4.1 In the instance of the submitted 23_47 Cooil Rd Ecological Mitigation Plan MAR 24 FINAL, 23_47 Cooil Road Precautionary Working Note, Cooil Road Construction Environmental Management Plan, Hart 32-000-21 - Ecological Mitigation Plan Sheet 1 of 3, Hart 32-000-22 - Ecological Mitigation Plan Sheet 2 of 3 as well as Hart 32-000-23 - Ecological Mitigation Plan Sheet 3 of 3 and after consultation with the case officer, who are happy with the level of detail, it is deemed sufficient and would be considered satisfactory for the following planning conditions of application 22/00416/B;

o Condition 13 with the understanding that the works must be undertaken in strict accordance with these measures.

o Condition 15 with the understanding that the approved Ecological Mitigation Plan shall be fully adhered to in accordance with these approved measures.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 12.07.2024

Determining officer Signed : A MORGAN Abigail Morgan

Acting Head of Development Management