26 February 2014 · Planning Committee
Louisa Mine East, East Foxdale Road, Foxdale, Isle Of Man, IM4 3hl
The application sought approval for minor amendments to PA 12/01053/B, including cosmetic changes to the dwelling such as replacing patio doors with windows, adding solar panels, omitting a chimney, and changing the mower store roof to pitched; site remediation involves excavation up to 3m and raising up to 4.5m with c…
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The scheme is 'very similar to what has already been approved and on which works have commenced'; minor changes to elevations (patio doors to windows, solar panels, omitted chimney, pitched garage roo…
General Policy 3
Presumes against development outside designated areas except previously developed land where redevelopment reduces landscape impact and improves environment; site is contaminated former mine (previously developed) with remediation proposal improving eyesore site despite non-designated status.
Environment Policy 1
Confirms presumption against countryside development; applied but outweighed by prior approval and remediation benefits.
Environment Policy 24 - Pollution sensitive development
Pollution-sensitive development only where measures safeguard amenity; prior refusal concerns addressed by capping and separation layers.
Environment Policy 26
No development on contaminated land unless no unacceptable risk demonstrated; multi-layer capping (Terram, 600mm clay, drainage, root guard, subsoil, topsoil) ensures no risk to health/property/watercourses.
Environment Policy 27
Enhance environment including mine sites via reclamation, water management, habitat management; proposal aligns with Foxdale Local Plan reclamation aims despite dwelling.
Environment Policy 28
No development at risk from instability unless precautions; developer responsibility confirmed, mine shafts to be addressed.
Foxdale Local Plan 1999 Policy F/P/E/2
Guidelines for heavy metal pollution areas; prior refusal cited non-compliance, now addressed via approved remediation.
Time limit for commencement
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the construction of a dwelling and associated reclamation, drainage, access and landscaping works all as shown in drawings 01B, 02E, 111B, 200 received on 28th March, 110C received on 22nd April, 2013, 201-A0E, 202-A0D, 203A0D, 107B, 204B, 205/2 received on 14th January, 2014.
Roadside habitat reinstatement
The creation of the roadside habitat must be undertaken in strict accordance with the Method Statement for Verge reinstatement at Louisa Mines prepared by Andree Dubbeldam and dated 9th October, 2013 and the management of the receptor site as set out in the Method Statements for Orchid Meadow Management at Louisa Mines prepared by the same author and dated 16th December, 2013. This must involve the assessment by a suitably qualified ecologist of the roadside verge 6,12 and 24 months after reinstatement with reports submitted to the Planning Authority and the undertaking of appropriate remediation as either identified by the ecologist or recommended by DEFA.
Completion deadline
The approved works including site clearance, must all be completed by 31st May, 2015.
Site clearance season and lizard watching brief
Site clearance may be undertaken only within the period between May and September in order to mitigate the impact on lizards on the site. A watching brief for lizards must be maintained during site clearance and construction works and any lizards sighted must be relocated by a qualified ecologist.
Landscaping implementation and maintenance
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Bat protection at mine shafts
During any works to existing mine shafts on site, the applicant must ensure that there is no adverse impact on bats which may be roosting there: bats are protected under the Wildlife Act 1990. NOTE: the applicant should liaise with the Department of Environment, Food and Agriculture in this respect.
Prohibited plant species
The implementation of the landscaping scheme may not include any species which falls under Section 14 of the Wildlife Act 1990 (Amendment) Order 2011. This includes montbretia.
Archaeological watching brief
During the undertaking of the approved works, including site clearance, and particularly in respect of areas of the site where there are features of archaeological interest, the applicant must undertake an archaeological watching brief with any findings recorded and reported to Manx National Heritage. NOTE: the applicant is encouraged to liaise with Manx National Heritage in respect of the burial of historic mine structures to be buried in order to preserve them.
Open space restriction
The land on the south western side of the road leading to Stoney Mountain Road may be used, after reclamation, as open space and not part of the residential curtilage of the approved dwelling.
Lizard habitat walling
All walling to be created as habitat for lizards, must be unmortared so that the lizards have access to the core of the wall.
no comment on the application
did not object to the previous application (implied no objection here)
agreed revised orchid strategy and method statements; provided guidance previously without objection
seek consultation on electricity supply (not a material planning consideration)
