30 April 2010 · Planning Committee - Mrs P Faragher, Deputy Secretary
Fields 312346 And 312352, Laurel Bank Farm, Glen Helen Road, Laurel Bank, St Johns, Isle Of Man, IM4 3nj
The proposal sought permission to complete drainage works, minor mineral extraction (4500 tonnes), terracing reprofiling, topsoiling, seeding and restoration of a mineral processing area at agricultural fields sloping towards the A3 TT Course in an Area of High Landscape Value.
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Officer judged current site state creates 'adverse visual impact appearing as a scar on the landscape' visible from across valley, with temporary crushing plant visible from Staarvey Road, in Area of …
General Policy 3
Requires protection of countryside; officer noted continuation undesirable and contrary to policy objectives but outweighed by harms of incomplete/unsafe site. Cited in related appeal precedent.
Environment Policy 1
Protects landscape value; site in Area of High Landscape or Coastal Value and Scenic Significance per 1982 Order, visual scarring acknowledged but completion to vegetated terraces mitigates long-term impact.
Environment Policy 2
Landscape protection tests (a)(b); aggregate storage in related site unacceptable per appeal inspector, but here detailed restoration to agricultural terracing with seeding accepted as pragmatic resolution.
Approved plans
This permission relates to the completion of drainage and landscaping works associated with the re-profiling of banks as previously approved under planning application 07/02373/B, excavation and processing of minerals and restoration of area used for mineral processing as shown by 007/14 01 REV A, 2 x photographs, P5 REV A, 110 REV A, 111 REV B, 120 REV B, 121 REV B, 122 REV A and Civil Engineers Report Folder all received 1st April 2010.
Time limit for works
The works hereby approved, including topsoiling, seeding and drainage construction, must be completed before 1st June 2011.
Stone removal and restoration
All stone located within the mineral processing area shall be removed from the site and the land restored to agricultural use, covered with topsoil and seeded before 1st June 2011.
Machinery removal
Prior to the cessation of this consent, all equipment and machinery must be removed from site.
Ditch maintenance
All open ditches must be regularly inspected, de-silted and maintained during the period of this planning consent.
Do not oppose
supports the planning application... eager to see mineral extraction and processing activities concluded... and the site fully restored
DTI Minerals offered support for the application despite factual disagreements with the applicant, while German Parish Commissioners repeatedly objected citing ongoing works resembling mining operations beyond the approved scope and missed completion deadlines; Highways did not oppose.
Key concern: Work described as mining/quarrying operation exceeding drainage and landscaping scope without proper minerals consent
DTI Minerals
SupportNotwithstanding the above comments, the DTI is eager to see mineral extraction and processing activities concluded at the earliest possible opportunity and the site fully restored. Hence it supports the planning application by Trade Distribution Limited.; the DTI wishes to take the opportunity to highlight the need for it to be consulted, at the earliest possible opportunity, with regard to mineral planning application
German Parish Commissioners
ObjectionMy Commissioners object to this application on the grounds that this work is a mining operation which far outreaches the application to complete drainage and landscaping works.; The Commissioners had an assurance that the works would be completed by June 2009 and they are disgusted that now a further application has been received; all works should have been done by the completion date and it is now time to let nature take its own course on the site
Conditions requested: Legally binding date (perhaps Court Order) when contractors will move off site with penalty clause commensurate with the operation
Highways Division
No ObjectionDo Not Oppose
The original application PA 09/00470/R for temporary storage of excess aggregate from a landscaping scheme at Laurel Bank Farm was refused due to visual impact in an Area of High Landscape Value. The appellant argued the storage was short-term, necessary due to larger-than-expected excavation, and not prominent, with assurances of prompt removal and restoration. The Department defended refusal citing prominence, incongruity, and conflict with Environment Policy 2. The inspector found the mound visually intrusive but pragmatically allowed temporary permission tied to completion of related application PA 09/01425/B, with strict conditions for removal by November 2009 or one month post-completion, and height limits. The Minister accepted the recommendation and allowed the appeal.
Precedent Value
Demonstrates inspectors may allow temporary permissions in sensitive landscapes via strict time-limited conditions linked to related applications, despite policy conflict, where pragmatic restoration is assured. Future applicants should provide detailed removal timelines and tie to ongoing permissions.
Inspector: John S Turner
