33821

==== PAGE 1 ====

PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/01331/B Pooil Vaaish Quarry Limited Mineral extraction and restoration of limestone quarry at Pooil Vaish, including the extraction of block limestone; stockpiling and campaign crushing of limestone; and removal off-site of overburden and restoration of quarry Pooil Vaish Quarry Pooilvaaish Castletown Isle Of Man IM9 4PH Site Address: Ms Stephanie Gray Case Officer: Photo Taken : Site Visit: Expected Decision Level Planning Committee Officer's Report THIS APPLICATION HAS BEEN REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT BhD ASl2> IS This application seeks permission for mineral extraction from, and restoration of, a previously worked limestone quarry at Pooil Vaaish, including: the extraction of block limestone and building stone; stockpiling and campaign crushing of limestone; and, removal off-site of overburden. The Site: The site is the curtilage of Pooil Vaaish Quarry, Pooil Vaaish, Castletown, located on the coastline, south west of Castletown and east of Port St Mary. This is a working quarry, bounded on the west by the Raad ny Foillan, to the north and east by agricultural land, and to the south by the Listed Monument, Close ny Chollagh. The planning application excludes the footpath that runs along the northern boundary of the site. 1 Vehicular access to the site is from the A5 Castletown to Port St Mary Road, along Pooil Vaaish Road, through Pooil Vaaish Farm and southward along the Raad ny Foillan crossing the bridge over the River Dumb, to the quarry. Pooil Vaaish Road, a public highway, provides sole access to four properties; Balladoole Farm, Top Lodge, Cooil Faaie and Pooil Vaaish Farm, and an additional access to Balladoole House and the Granary. The main access to Balladoole House and the Granary is via a separate road off the A5, Pooil Vaaish Road ends at the junction with the Raad ny Foillan and Pooil Vaaish Farm, The Farmstead is bisected by the Raad ny Foillan, which at this point is an unmetalled track utilised primarily by quarry and farm vehicles. The track crosses the River Dumb and continues past the farm to the quarry entrance. The stretch of the track from the Farm gate to the quarry entrance is owned by the Farm. The Raad ny Foillan begins to narrow past the quarry entrance until it becomes useable only by pedestrians. 2 The previously worked quarry represents an area of 4.2 acres (1.7 Ha). The proposal does not seek to extend this area. The quarry is clearly visible from the adjacent Raad ny Foilian and the beach, and the stockpile of overburden within the quarry is visible at a distance from Pool! Vaaish Road 3

==== PAGE 2 ====

Planning History: Historic records indicate that quarrying of black limestone from Pooil Vaaish has been carried out since at least the 17th Century, with stone recorded as being used in the construction of St Pauls Cathedra! and the Monument of the Great Fire of London. 4 The Department of Economic Development - Mines and Minerals Division (formerly Department of Trade and Industry) (DED) have issued minerals leases for this site over a number of years, In 1995 a 15 year lease was issued to the then owner, the Manx Marble and Granite Company Limited. This lease passed to Pooil Vaaish Limited. Following the expiration of that lease in 2009 the DED issued a succession of short term mining licences on the understanding that a planning application was to be progressed. The conditions attached to any planning permission would be reflected in a long term mining lease. In 2010 following a request from the applicant and discussions with DED and DOI Highways an agreement was reached to allow the removal of a quantity of overburden off site. This quarry waste material was being held in a number of stockpiles across the site, and as a result was sterilising access to mineral reserves and preventing the quarry being worked. 5 6 Following discussions with Planning and DED in May 2011 the operator submitted an application for a Certificate of Lawfulness (CLU), PA 11/01018/LAW. The application for the stripping storage of overburden on site, the extraction of stone and the occasional campaign (periodic and intensive) crushing of limestone was processed, and approved in November 2011, on the belief/assumption/opinion that mining is a use and as such could be granted a CLU conferring rights for future mineral extraction, Counsel opinion, received in 2013, stated this assumption was incorrect, and clarified that the working of minerals is an ongoing 'operation' and as such a CLU for mineral working acts only to protect the operator against enforcement action for any works that had ceased four years previously. 7 In April 2012 the quarry operator requested permission to remove the two specific stockpiles of overburden to allow access to the beds of black limestone. The operator argued that deferring the removal of this overburden until a planning application had been submitted and approved would damage the long term trading prospects of the company causing economic hardship. A method statement for removal of the overburden was provided. The Department advised the operator that, in the interests of expediency, it would not object to removal of the two stockpiles of overburden over a limited period of time provided no objections were received to the activities. 8 In August 2012 application PA12/01118/B was submitted for the continued extraction of 3,500 tonnes per annum (tpa) of black limestone from the quarry at Pooil Vaaish over a period of 30 years, and the removal of circa 52,000t of overburden. The proposal did not involve any lateral extension to the quarry and included a scheme for low level restoration once quarrying has ceased. Following extensive discussions with the applicant and interested parties, and consideration by Planning Committee, a method for working and a traffic management scheme for removal of the mineral and overburden were agreed by all parties. The Planning Application was approved by Planning Committee in February 2013 subject to the signing of a S13 Agreement covering the provision of a bond for restoration (interim or final) of the mineral working in the event mineral working ceased. The S13 was not progressed and in January 2014 the application was withdrawn. The Proposal 9 The development proposed in this application is, in principle, the same as that proposed in PA 12/01118/B. PA14/01331/B proposes the extraction of 3,500 tpa of limestone over a 30 year period, the removal of 44,810 tonnes of overburden, and final restoration of the quarry. The application includes measures to improve quarry drainage and ensure stability of the Raad ny Foillan, and also addresses the issues raised during consideration of the previous application, including submission of a scheme for traffic movements from the quarry. The methodology for working is the same as that of the previous application with the exception of a proposal to utilise a chain saw on site to prepare 10

==== PAGE 3 ====

the mineral for extraction. Submitted with the application is a planning statement comprising an Environmental Statement and restoration plan. This effectively constitutes an Environmental Impact Assessment. Extraction of Mineral The application proposed the extraction and removal off site of up to 3,500 tpa of limestone over a 30 year period. There are three types of limestone product each with a different end use: dimension stone; building stone; and, waste rock. The exact proportions of mineral products will not be known until the mineral is exposed and extracted. 11 Dimension Stone: this is best quality mineral product and is unique. DED estimates dimension stone comprises circa 10% of the total mineral extracted. The applicant states circa 1,200 tpa dimension stone will be extracted from the 3,500 tpa and exported to the UK and abroad for use as a high quality product or in restoration projects. DED indicates that although this would be a greater proportion of high quality stone than had previously been produced from the quarry, this would be desirable. Building stone: small sections/pieces of limestone that could be utilised in construction of walls, cladding of buildings, pavements. The application indicates that Pooil Vaaish is the only source of limestone building stone on Island for walls and cladding and therefore is important for use within conservation areas. Crushed rock: a by-product from the extraction of dimension and building stone. The applicant indicates that once crushed the mineral rock can be utilised as an aggregate product by the construction sector eg as fill in a gabion basket or as a Type 1 roadstone. Management of Overburden. Overburden is defined as a layer of soil, rock, gravel, or other earth material covering a rock layer, or an unwanted top layer of soil that must be stripped away to access useful construction material buried beneath. All overburden and waste rock at Pooil Vaaish is currently stored on site, some in individual stockpiles situated on the quarry floor and some stockpiles placed over in situ material. It is not possible to distinguish clearly between, and quantify, material held in stockpiles and in situ overburden. 12 A site survey in May 2012 estimated there was a total of 32,400m3 (55,080 tonnes applying a ratio of lm3:1.7t) overburden on the site. This included: in-situ soils; in-situ weathered, previously screened and stockpiled overburden; and, rock from the Scarlett Volcanic Series (basalt intrusions). The subsequent removal of two stockpiles of overburden, a total of 5,000t, reduces the amount of overburden on site to 50,080 tonnes. A proportion of this material is required on site to create a buttress (see para 15). This reduces the amount of overburden to be removed to 44,810t. 13 The current stockpiles of overburden within the quarry prevent access to the mineral beneath, effectively sterilising those mineral reserves. This reduces the economic viability of the quarry. In addition the stockpiles are, because of their number, height and location within the quarry, clearly visible from the Raad ny Foillan and adjacent fields. To allow access to the mineral, and to reduce the visual impact of the operations, the overburden needs to be moved. However the relatively small size of the site, combined with the method of working (multiple rock faces of differing geological properties are worked simultaneously) means that there is limited space on site for storage. Increasing the height and number of stockpiles to accommodate stripped overburden will have a detrimental impact on the visual appearance of the site. There are currently no options for stockpiling this material adjacent or near to the quarr/ for later use in restoration. If the overburden is not required for restoration (as proposed) its phased removal off site will open up the site to allow a more effective and efficient method of working, and reduce visual impact. This is supported by DED. 14

==== PAGE 4 ====

stability of the Raad ny Foilian. To ensure the stability of the Raad ny Foilian it is recommended that there is a quarry standoff (an area between mineral extraction and the pathway) of 10 metres. However, in some areas historic mineral extraction has removed all of the mineral leaving a near vertical boundary alongside the footpath. The application proposes the creation of a 5m wide reinforcing buttress alongside the Raad ny Foilian constructed from 3,100 m3 (5,270t @ 1:1.7) quarry overburden material. The proposed buttress will be constructed in such a way that the outer face will be at gradient of 45°. The top of the buttress will be approximately 2.5 metres in width and will be level with the adjacent Raad ny Foilian path, The height of the buttress will be dependent upon the height of Raad ny Foilian above the quarry floor and will vary between 3,5m to 5m. 15 Ensuring Stability of Adjacent Fields: creation of safety stand-off It is important to ensure that the boundary of any quarry workings are stable and do not undermine the stability of any adjacent fields. DED has undertaken a desktop assessment of quarry safety stand-off, bases on a 2012 quarry survey and referenced to recent photographs. On the basis of this desktop assessment DED is of the opinion that, due to the nature of the underlying geology, and provided quarrying operations ensure delivery of the proposed final quarry face profile, there is little risk of instability occurring. DED emphasise that this can only be fully verified by a full ground condition survey, and have recommended the inclusion of a number of planning conditions to ensure stability. 16 Improving drainage Surface water from the quarry drains via a 0.6m diameter pipe beneath the Raad ny Foilian, connects at some point to an outlet in the coastal side rock exposure and drains to the Bay ny Carrickey, There is a risk that over time, without the adoption of a management scheme, this pipe/drainage channel will progressively become blocked as the solid material suspended in the quarry drainage water settles out or material from the seaward side blocks the outlet. This could lead to the quarry flooding. 17 The application identifies the need: for a drain beneath the Raad ny Fiollan (page 4, plate 9 page 9, Proposed Restoration Plan p35); to extend the drainage pipe under the proposed 'buttress’; and, to consider increasing the diameter of the rock outlet. The application acknowledges the need to ensure that the drain is maintained and clear from blockages, and proposes to use pipe-rodding and pressure washing. 18 Restoration of the quarry The application includes a scheme of restoration which involves the re-profiling of quarry faces, reinstatement of the safety standoffs, and allows the natural regeneration of the quarry. It is proposed that the site will be retained as an area of industrial archaeological value. The applicant has agreed to establish a financial bond to ensure restoration of the quarry. 19 Method of Operation The application proposes the stripping of overburden and removal of poor quality stone which will be stored on site for campaign (intensive) crushing once a year. Circa 44,810 tonnes of overburden will be removed in phases in accordance with the phasing plan submitted (email 06/01/15) and will be transported off site for processing. This material will be removed over five consecutive days, during one working week in every five. The application proposes a limit on vehicle movements to between 9.00 and 16.30. NB Pooil Vaaish Farm has requested this be reduced to between 09.30 and 16.30 to allow time for the daily movement of livestock. This has not been accepted by the applicant on the basis that it will potentially reduce the number of vehicle movements and therefore the tonnage of material removed off site. The application proposes five loads (10 vehicle movements) per day, circa 475t per week and 4,9401 of material per year. At this rate it would take circa 10 years to remove all overburden offsite. 20

==== PAGE 5 ====

The applicant has confirmed that no stockpiling of overburden is anticipated. Details of the location and maximum dimension of the stockpile of poor stone prior to campaign crushing have also been provided (email 06/01/15). Following crushing this material will be removed off site. 21 Following removal of overburden and poor quality stone the dimension stone will be drilled using a compressor and extracted using hydraulic plugs and feathers. If larger blocks of stone are required a diamond chainsaw mounted on a digger may be used. The applicant indicates this method reduces the stresses on the stone as it is being freed from the quarry beds and reduces the potential for fracturing not only of the working beds but also adjoining and underlying beds. Large blocks are eased out with a telehandler and stockpiled on the existing concrete hard standing prior to loading onto a flatbed trailer for export. No explosives will be used on site. No trailers/wagons will be stored at the site. Material will be loaded and transported off site in vehicles accessing the site during the working day. Smaller pieces of stone are transported to a hydraulic guillotine for processing into building stone. This is stockpiled on site in advance of delivery to clients using a small tipper wagon, 22 Material will be transported from the quarry, passing over the River Dumb, through Pooil Vaaish Farm, along Pooil Vaaish Road to the A5. The vehicles proposed for the transport of material are within the maximum weight limit of the bridge established by the Manx Utilities Authority (MUA). This is to be confirmed my MUA. 23 It is not practicable to seek to agree a phased scheme of working of the limestone. The geological properties of the limestone beds in the quarry differ both within the bed and between beds, and are suitable for different end uses. Mineral is excavated from multiple beds simultaneously depending on market requirements, However the applicant has indicated an intention to initially concentrate quarrying in the southern part of the quarry. This is to provide sufficient room for the creation of the buttress and to ensure that mineral reserves underlying the footprint of the buttress are extracted prior to its construction, avoiding sterilisation of the mineral. 24 25 There will be no excavation below the level of the current quarry floor (ref drawing Proposed Restoration Landform). Hours of operation Working hours at the quarry will be 8.00 - 16.30 daily, Monday to Friday. There will be no working on weekends or bank holidays. No quarry vehicles will enter or leave the quarry until after 9.00 in the interest of amenity and highway safety. 26 Traffic There are two distinct activities associated with the proposed quarrying operation which will give rise to traffic movements; (i) removal of extracted stone; and, (ii) removal of overburden/waste rock. This does not include staff vehicles, estimated at a maximum of three vehicles in any one day. The Farm owner has confirmed previously (e-mail 14th February 2013) that 'there is no available site for an alternative access' to the quarry which avoids the route through the farm. Following discussion the following vehicle movements are proposed: 27 (i) Limestone Extraction and removal off site of up to 3,500 tpa of limestone over a 30 year period. Extraction comprising circa 1,200 tpa dimension stone, plus building stone and waste rock. The exact proportions of mineral products will not be known until the mineral is exposed and extracted. 28 Dimension stone - to be stockpiled on the existing concrete hard-standing for loading on a flatbed trailer brought onto, not stored on, site. The maximum load will be 24 tonnes. The maximum proposed length of the trailer unit is 12m.The applicant confirmed (email 13/01/15) a 12m trailer can be manoeuvred without driving over grass verges, and in the event the vehicle needs to undergo a reverse manoeuver to align the vehicle for access, a a.

==== PAGE 6 ====

banksman will be provided (nb the operator of Pooil Vaaish Farm has objected to the use of a 12m fiatbed/trailer). There will be a maximum of one load per day, and no other mineral or overburden to be removed on the same day. Building stone - a maximum of 50 tonnes will be stockpiled on site in accordance with the location plan submitted 06/01/15, for loading to an HGV, max payload 19 tonnes, for removal off site. Max of one load per day, and no other mineral or overburden to be removed on the same day. Waste/crushed stone - to be stockpiled on site in accordance with location plan submitted 06/01/15, for crushing over a period of five consecutive days in any one year. Crushed rock will be loaded to a HGV, maximum payload of 19 tonnes, for removal off site. A maximum of 9 loads (18 vehicle movements) per working day to be removed using a single HGV. No other mineral or overburden to be removed on the same day, b. c. (ii) Overburden Overburden/waste rock should be removed off site as soon as it is stripped, unlike dimension and building stone which can be stored on-site. This is to avoid the need for stockpiling and double handling, and to take advantage of suitable working conditions (ie not wet), Whilst the applicant has been able to identify specific phases of removal of the 44,810 t overburden over the working life of the site (phasing plan submitted 06/01/15) it is not operationally possible to indicate a timescale for each phase. 29 A 7hr working day for vehicle movements (ie assuming 30 mins for employee breaks) equates to one vehicle movement every circa 42 minutes between 9.00 and 16.30. At 4,940 tpa all overburden could be removed off site within 10 years after which only limestone would be removed off site. The Farm has requested that the quarry operator gives notice of their intention to move overburden 1 week prior to commencement of its removal. 30 TABLE 1 Summary of Proposed Quarry Movements Limestone product Produced Method for removal off site Loads per day Estimated tonnage Frequency a) Dimension stone On going Trailer (max 12 m) One 1,200 pa All year Maximum payload 24 tonnes b) Building stone On going One Maximum payload 19 tonnes n/a All year wagon c) Crushed stone One working week a year Maximum 9 (3119 tonnes /load n/a 1 week pa wagon (18 vehicle movements- one vehicle) Overburden One working week every 5 weeks Maximum 5 (9 19 tonnes/load) Max 475t per 5 weeks Max 5 days per 5 weeks, and 52 days per wagon (estimated 10 years to remove) (10 vehicle movements) Max 4,940t per year year No limestone product removed on same day The applicant has confirmed (e-mail 06/01/15) that overburden and limestone will not moved off site on the same day. Records of tonnages of mineral and overburden removed off site and vehicle movements will be maintained by the operator and will be made available to the planning authority on request. 31 The applicant proposes to operate a one-way traffic system within the quarry, with separate accesses maintained for access and egress, and installation of warning signage. These proposals were considered previously, and approved by, DEFA Health and Safety at 32

==== PAGE 7 ====

Work Inspectorate (HSWI). There is potential for pedestrian/HGV conflict along the Raad ny Flollan, specifically at the quarry egress. Segregation of pedestrians and vehicles at this point is not possible as it would force pedestrians towards the seaward edge of the path and steep drop to the beach. Following consultation with DOI HSWI it was agreed that a stop sign at the egress with signage highlighting the need for HGV drivers to beware of pedestrians will be sufficient. Dust The activities on site do not generally give rise to creation of dust A potential source of dust is during the use of the chain saw and the annual campaign crushing of stone. These activities take place within the excavated part of the quarry which acts to contain any dust. Where the chainsaw used, the diamond blade is water cooled which should eliminate any potential for dust. No blasting of limestone is proposed. 33 Noise, vibration The application states that with the exception of campaign crushing once a year, and the potential use of the chainsaw none, of the plant or equipment is very noisy, Equipment operated on site includes an excavator for loading wagons and a hydraulic guillotine for processing building stone. The guillotine is silent producing an intermittent cracking sound when the stone breaks. Drilling the holes for block mineral extraction takes approximately 20 minutes per block (four holes drilled per block, 5 mins per hole), A mobile crusher will be brought on site to process the stockpile of waste rock. The applicant has confirmed the crusher has a maximum output of approximately 60 tonnes per hour. It is fitted with acoustic covers and operates within the noise limits for operation within a predominantly residential area. The specifications for the chainsaw indicate an open quarry sound emission of less than 70 Db(A). The applicant indicates that this equipment will only be used for the extraction of large limestone blocks. Its use will therefore not be continuous. 34 Surface water The existing natural drainage system for the quarry will continue to be used, with improvements to the pipe outfall to Bay ny Carrickey during construction of the buttress referred to in Para 12. 35 Ecology 36 The quarry lies adjacent to the Pooil Vaaish and Scarlett Peninsula Coast Area of Special Scientific Interest (ASSI). The ASSI is important for both its wildlife habitats and geology including salt march and species rich in coastal grasslands. Sand martins have been discovered nesting in the sandier quarry faces, and stone extraction in these areas will be suspended until after the nesting season. Where parts of the quarry have been inactive for prolonged periods, and where areas of standing water have been left undisturbed, these features have been colonised by reeds. Birds have also been observed nesting on the exposed limestone beds. These features have been built into the proposed site restoration scheme. 37 Archaeological The applicant identifies the proximity of the Close ny Chollagh Coastal promontory Ancient Monument, However as there is no proposal to extend quarrying operations beyond current field boundaries the proposal will not directly impact on the Ancient Monument. MNH has identified that since the previous application they are of new archaeological finds in the north-west part of a field near the SE edge of the quarry which may indicate a site of potentially national significance. Although the field does not abut the quarry MNH has advised of the potential danger in event overburden is stored on the field adjacent to the quarry. The application does not propose such storage of overburden. Part of the haul route can be utilised by visitors to the Ancient Monument adjacent to the former Balladoole Quarry, Chapel Hill, 38

==== PAGE 8 ====

Plant and Equipment There will be no fixed plant or equipment on site. Plant will consist of; an excavator 39 for removing the overburden and waste rock and loading those materials; a tracked digger for loading overburden; a telehandler for moving and loading limestone blocks; a trailer to transport dimension stone; a chainsaw mounted on a digger operating intermittently; and, wagons for the removal of overburden or crushed rock. Once a year, a mobile crusher will be brought to the site to process the stockpile of waste rock. The crusher has a maximum output of approximately 60 tonnes per hour, It is fitted with acoustic covers and operates within the noise limits for operation within a predominantly residential area. The crusher will be delivered to the quarry on an articulated trailer, the dimensions and weight of which are within road and bridge strength limits. There will be one cabin unit on site for the storage of tools etc., and the existing concrete hard standing. 40 Site Security The site boundary will be fenced with stock proof fencing, and the gates at the entrance and egress to the site will be locked when the quarry is not operational. Information and safety signage will be erected around the boundary of the quarry in accordance with the submitted indicative signage boards. 41 Restoration and aftercare The proposed restoration plan for the quarry is indicated in drawings Proposed Restoration Plan and Proposed Restoration Landform. It is anticipated that extraction of the mineral reserve will take 30 years. The restoration is designed to provide a habitat with a varied biodiversity to reflect the surrounding area as well as provide a feature of geological interest to complement the existing geological significance of the Scarlett peninsula. Following cessation of quarrying, and completion of construction of the buttress, stand off and improved drainage, it is proposed to leave as much of the rock strata exposed on the quarry floor as well as the quarry faces to the north, east and south of the quarry. The configuration of the natural bedding planes in the limestone will enable pockets of standing water to accumulate which it hopes will be colonised by reeds. 42 43 As part of the final restoration scheme, the applicant suggests the installation of an information board to raise public awareness of the natural environment, geological, cultural and historic heritage of the quarry and area. 44 The application includes provision of a financial bond for the duration of quarrying operations to ensure operation and restoration of the quarry. Need For the Application 45 The application is to extract 3,500 tpa of limestone per year. Of this, the best quality mineral (dimension stone), estimated by DED to be at least 10% of the total mineral extracted, is to be exported for processing into a high value high quality product. The remaining limestone will be removed off site for use on Island as building stone or general aggregate. 46 The quarry can produce 3 distinct classes of stone from the limestone beds; dimension, building/walling stone, and waste stone suitable for crushing to produce low grade aggregate, There is no definitive percentage split for each of the stone types. The DED have previously estimated using royalty return information a ratio of 10:25:65. Thus for every tonne of dimension stone extracted, circa 9 tonnes of building/walling stone and waste stone are also produced. Historic information about the use of black limestone in projects such as St Pauls Cathedral and Monument of the Great Fire of London is provided, and the applicant identifies recent and future market possibilities for the material predominantly off Island, 47

==== PAGE 9 ====

and outside Europe. DED acknowledge the uniqueness of the limestone in producing this dimension stone which, as a result of its geological history, is the only source of such material on Island. The DED considers that the main market for dimension stone would be offTsland. The applicant identifies suitable markets on Island for the other stone products. Whilst it is not the only source of building stone on Island it is the only limestone quarry producing stone for walling and cladding. This is important to retain the vernacular for use within conservation areas. Waste rock is suitable for a range of applications including filling gabion baskets, rockery stone or can be crushed to produce Type I road stone. 48 Site Designation: TTie site lies within an area designated on the now superceded Town and Country Planning (Development Plan) Order 1982 as Areas for Surface Mineral Working. The boundary of the designated area appears in general conformity with the boundary of the application. 49 The site lies within an area identified in the adopted Area Plan for the South as a Mineral Extraction Site. The exact boundary of the site is not deiineated. It is described as 'a small scale black limestone quarry producing largely ornamental and building stone’. The following advice on restoration of mineral workings is given; ’ As part of the restoration process those features which are seen as having a historic or landscape interest should be retained.' 50 The site is situated within the wider area described as F8 Undulating Lowland Plain in the Landscape Assessment, and adjacent to E9 Rugged Coastline Bay ny Carrickey. It lies on the boundary of a confirmed SSSI and within a tidal 200 year return for Flood Zone Mapping. 51 Bay ny Carrickey (E9) The overall strategy is to conserve the character, quality and distinctiveness of the tranquil and coastal area with its rich ecological habitats, open and expansive panoramic views, sites of archaeological importance and to conserve the coastal setting of Port St. Mary. Key Views Extensive, panoramic views from Raad ny Foillan across the sweeping and ever-changing seascape to the south. Open views across the bay, with distant sense of enclosure provided by headlands to the east and west. Open views across adjacent Undulating Lowland Plain to the north. 52 53 Pooil Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area. 54 Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon. 55 Development Plan Policies: The application site has not, in strict technical terms, benefitted from any previous lawful use (ie a planning permission issued under the T8iCP Act 1990 or its predecessor). However there is evidence that the quarry has been worked over a long period of time, albeit at differing rates and in differing areas of extraction. The existence of a quarry on the site is identified in the Area Plan for the South, and was considered as part of an assessment for the CLU in November 2011. DED has issued mining leases for mineral extraction and the quarry has paid mineral royalties and certain rent to Government, and the site production and reserve has been included in all DOI Annual Mineral Monitoring 56

==== PAGE 10 ====

Reports. All of the above factors must be considered material and taken into account when assessing the current application. Isle of Man Strategic Plan 2007 57 The Strategic Plan policies relevant to the assessment of the proposed development are as follows; Strategic Policy 4; indicates that proposals for development must: Protect or enhance the fabric and setting of Ancient Monuments, Registered Buiidings(l), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and not cause or lead to unacceptable environmental pollution or disturbance. 58 (a) (b) (c) General Policy 2; states that 'development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan 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; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;' 59 Environment Policy 1: states that 'the countryside and its ecology will be protected for its own sake, Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.' 60 Environment Policy 2: indicates that 'The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification,,' The Landscape Character Assessment was published in 2008 and used to classify landscapes within the Area Plan for the South. The designations relevant to the application site are summarised in the section Site Designation. 61 62 Environment Policy 4: states that development will not be permitted which would adversely affect species and habitats of national importance such as designated National Nature Reserves, or Areas of Special Scientific Interest. It also states that development will not be permitted which would adversely affect, 'species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous.' 63 Environment Policy 10: Rood Risk states that 'Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment

==== PAGE 11 ====

there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission.' 64 Environment Policy 11: Coastal development will only be permitted where it would not: increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; prejudice the capacity of the coast to form a natural sea defence; and increase the need for additional coast protection works except where necessary to protect existing investment or development. i) ii) iii) Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: pollution of sea, surface water or groundwater; emissions of airborne pollutants; and vibration, odour, noise or light pollution. 65 i) ii) iii) Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores. 66 67 Business Policy 1 states that the growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. Minerals Policy 1 is the most relevant policy against which the application is to be assessed. MPl requires an application for the winning and working of minerals to be accompanied by an Environmental Impact Assessment. This policy indicates that 'development involving the winning and working of mineral will be permitted only where it is demonstrated that there is a need for the mineral which cannot be met through the provision of secondary aggregate'. The policy also requires applicants to demonstrate that there would be 'no unacceptable adverse effect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the on-site operation itself (including development, maintenance and restoration) or the traffic generated thereby', and that the proposed development meets the following criteria: 68 (b) there would be no unacceptable adverse effect on: landscapes and geology/geomorphology features of special interest or attraction; ii. Ancient Monuments or their settings; iii. Registered Buildings or their settings; iv. the character and appearance of Conservation Areas; V. sites of archaeological interest; vi. sites containing species or habitats of international, national and local importance; vii. land drainage and water resources; and viii. designated National Heritage Areas; (c) the proposal is acceptable in terms of access arrangements and highway safety; (d) working will be in accordance with a phased scheme of restoration and landscaping; and that (e) the proposal does not sterilize other significant mineral deposits.' a. b. c. d. e. f. g- h. The Policy states that exceptionally, national need for a particular mineral may warrant setting aside one or more of these constraints. 69 Technical Information:

==== PAGE 12 ====

The DOI has published three Annual Minerals Monitoring Reports which are intended to advise planning for provision of minerals and assessment of need. These Technical Reports represent the joint working of DOI, DED and the minerals and recycled aggregate sectors. 70 The Minerals and Secondary Aggregate Technical Group Technical Report (published January 2011) considers the key issues in providing minerals on Island. The Report provides advice on the development of policies and guidance for the winning and working of minerals, and the need for recycled aggregates. It is intended to assist in the determination of planning applications for the extraction of minerals. 71 72 In considering the need for Dimension and Building Stone the Report states that The Island needs to maintain a source of stone for use in the repair, refurbishment, extension or construction of buildings within conservation areas, management of listed buildings or to maintain the vernacular character of the area. Ideally this should be indigenous stone, sourced either through the reuse of suitable quality stone arising from demolition projects, or stone won from a locai quarry'. It does not address the export of minerals. With reference to Pooil Vaaish or Castletown 'Marble', the 2011 Report identified that this is 'traditionally used in Castletown for kerbing, and some paving, it has been exported for use in eg the steps to St Paul's in London. Its use is more specialist and restricted, and is not known to have been used in general building works.' 73 The Minerals and Secondary Aggregate Technical Planning Group Annual Minerals Monitoring Report (AMMR) 2014 is the joint industry/government statement on the availability of, and need for, minerals on the Island. The need for mineral reserves is indicated where the total tonnage of permitted reserves falls below the tonnage of mineral forecasted to be needed over the next 10 years. AMMR 2014 identifies that at the end of May 2014, including all mineral reserves in hard rock quarries, the 10 year landbank was exceeded. However excluding reserves within Government owned quarries the landbank falls slightly below 10 years, indicating a need for additional Hard Rock mineral reserves. Pooil Vaaish reserves have been included within all AMMR reports, including that for 2014. In the event the application is permitted therefore this would not therefore change the current Hard Rock landbank. If the application is refused this will decrease the landbank marginally, by circa 100,000t. 74 The AMMR 2014 indicates that the market for mineral export is limited to specialist products, Historically the main mineral suitable for export was black limestone from Pooil Vaaish. 75 Representations: 76 Malew Parish Commissioners indicate they do not oppose the application Manx National Heritage (MNH) do not object to the proposal. The mitigation measures proposed to minimize the impact of quarrying on the local biodiversity and the proposal to effect restoration by natural recolonization are cautiously welcomed. MNH reiterate the archaeological and environmental sensitivities of the area immediately adjacent to the site, and advise that since the previous application they are of new archaeological finds in the north west part of a field near the SE edge of the quarry which may indicate a site of potentially national significance. MNH has advised of the potential danger in event overburden is stored on the field adjacent to the quarry. The application does not propose such storage of overburden. 77 MNH has asked, in the event that the application is approved, planning conditions addressing the following issues, are attached: Protection of the integrity and archaeology of die ancient monument at Clos ny Choilagh and the potentially significant archaeology in fields adjacent the quarry 78 a.