Decision Notice

Isle of Man

Government

Reilly, Ellen Vanain

Pooil Vaalsh Quarry Limited

The Woodlands Orrisdale Road Ballasalla Isle Of Man IM9 3AE

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) (No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Pooil Vaalsh Quarry Limited, Ref 14/01331/B, for the 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 at Pooil Vaish Quarry Pooilvaalsh Castletown Isle Of Man IM9 4PH subject to compliance with the following condition(s):

1. This planning permission relates to the development proposed in the Planning Application submitted November 2014, the overburden phasing plan submitted 6th January 2015, and updated proposals summarised in the e-mail of 6th January 2015.

Reason: for the avoidance of doubt.

1. The development permitted shall commence before the expiry of two years from the date of this permission, and shall cease 30 years from the date of this approval or at an earlier date as notified by the Department of Infrastructure Planning and Building Control in the event the quarry is not worked continuously for a period of 24 months, as evidenced through records held by the Department of Economic Development. The Department of Infrastructure Planning and Building Control shall be notified in writing by the developer the date this permission is implemented.

Reason: to ensure satisfactory control over the development.

1. The permission relates to the: extraction and removal of up to 3,500 tonnes of mineral per year; campaign crushing of rock once a year; removal of up to 44,810 tonnes of overburden, from the quarry identified on the plan submitted 20th November 2014; and, restoration of the quarry in accordance with CA10494/PVQ/PA/005 page 35 of the application and cross sections drawing CA10494/PVQ/PA/007 page 36 of the application, over a 30 year period.

Reasons: the application was assessed on the basis of these quantities and this information.

1. The mineral will be worked in accordance with the Method Statement of Working set out on page 1 of the Planning Application and stockpiled in accordance with Plan Showing Proposed Locations of Stockpiles submitted on 06/01/2015.

Reason: in the interests of amenity and highway safety.

1. The overburden will be removed in accordance with the Proposed Method for Removing Overburden in the Planning Application, and in the phases identified on the plan submitted on 06/01/2015.

Reason: in the interests of amenity and highway safety.

1. The buttress shall be constructed in accordance with the method of working on page 19-20 of the application and shall be maintained as such unless otherwise agreed in writing by the Department of Infrastructure Planning and Building Control.

Reason: in the interest of safety.

1. Vehicle movements must be limited only to:

a. The use of one flatbed/trailer in any one day, maximum length 9m, unless otherwise agreed in writing with DEPARTMENT OF INFRASTRUCTURE Planning and Building Control following the observation of movement of a 12m flatbed trailer;

b. One wagon of 19 tonnes payload in any one day with the exception of times of: campaign crushing for one 5 day period in any one year with a maximum of 9 loads crushed rock per day at a maximum of 19 tonnes per load; and, removal of overburden which shall be limited to one 5 day period in every five weeks, and a maximum of 5 loads per working day at maximum of 19 tonnes per load, 475 tonnes every five week period, 4,940 tonnes in any one year. One vehicle to be used at any one time for the transportation of crushed rock and overburden. No tracked vehicles to be used.

Reason: in the interests of residential amenity and highways safety.

1. The occupants of Pool Vaaish Farm, Balladoole House, The Granary, Top Lodge and the Department of Infrastructure Planning and Building Control must be notified in writing of the intention to commence the removal of overburden or crushed rock 7 days in advance of the start of a 5 day period of removal of overburden or campaign crushed rock.

Reason: in the interests of neighbourliness and to ensure the use is not harmful to the operation of a working farm.

1. Prior to the use hereby permitted commencing a traffic management scheme shall be submitted to and be approved in writing with the Department of Infrastructure Planning and Building Control. The approved scheme shall be operated during times of campaign crushing and removal of overburden, unless otherwise agreed in writing by the Department of Infrastructure Planning and Building Control.

Reason: in the interests of amenity and highways safety.

1. The quarry will be restored in accordance with the Final Quarry Profile set out on pages 35 and 36 of the Planning Application, the Proposed Restoration Plan, and the Cross Sections Illustrating the Proposed Restoration Landform.

Reason: in the interests of environmental and visual amenity. Department of Infrastructure, Planning & Building Control, Murray House, Mount Havelock, Douglas Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

1. On the expiry of 30 years from the date of this planning approval all operations shall cease and all buildings, equipment, and hardstandings shall be removed from the site.

Reason: in the interests of environmental and visual amenity.

1. A minimum of three years prior to the cessation of the use the applicant shall confirm in writing with the Department of Infrastructure Planning and Building Control details of the proposed quarry restoration, including details of the advisory boards and proposal for post restoration site management.

Reason: in the interests of environmental and visual amenity.

1. The working hours of operation on the site are restricted to Monday to Friday 0800 - 1630hrs. Transportation of mineral and overburden from the site is restricted to Monday to Friday 0900 to 1630hrs. The site shall not be operational Saturday, Sunday or Public Bank Holidays. For the purpose of the conditions operations include drilling, movement, crushing, loading and maintenance.

Reason: in the interest of amenity.

1. Before the development hereby permitted commences details of the fencing and security gates shall be submitted to the Department of Infrastructure Planning and Building Control for approval, and following approval and before development commences all site fencing and security gates at the entrance to, and exit from, the site shall be installed.

Reason: in the interests of safety and the satisfactory operation of a working farm.

1. Within one month of the date of the implementation of the permission, details of site security and information board shall be submitted to the Department of Infrastructure Planning and Building Control for approval, and within two months of the date of that approval the signs and information boards shall be erected.

Reason: in the interests of safety.

1. Before the development hereby permitted commences any scrap and non-quarry waste materials existing on site shall be removed.

Reason: in the interests of environmental and visual amenity.

1. Before the development hereby permitted commences, the site portable cabin identified in the planning application shall be painted dark green, and all other temporary buildings or structures shall be removed from site.

Reason: in the interests of visual amenity.

1. Within 3 months of the date of implementation of the permission a scheme for the monitoring and maintenance of quarry drainage shall be submitted to the Department of Infrastructure Planning and Building Control for approval, and the Scheme shall be implemented within one month of the date of that approval.

Reason: in order to prevent flooding.

1. From the date of implementation of this permission the operator shall keep a written record of the tonnage of all overburden removed from the site and shall provide such

records to the Department of Infrastructure Planning and Building Control at intervals not exceeding 6 months, and within a reasonable time period as requested by the Department of Infrastructure Planning and Building Control. All such records shall be kept until all overburden has been removed from site apart from that overburden material required as part of the restoration of the site.

Reason: in order to ensure compliance with the parameters of this approval.

1. From the date of implementation of this permission the operator shall keep a written record of the volume of all stone removed from the site up to 31st May and up to 30th November each year, and shall provide such records to the Department of Infrastructure Planning and Building Control within one month of the aforementioned dates.

Reason: in order to ensure compliance with the parameters of this approval.

1. Within 12 months of the date of the implementation of the permission and at intervals of 5 Years thereafter until the completion of quarrying, a full survey of the site shall be undertaken including site cross sections, volumes of material in each overburden mound and soil and mineral storage mound, and the results submitted to the Department of Infrastructure Planning and Building Control.

Reason: in order to ensure compliance with the parameters of this approval.

1. Within 12 months of the date of implementation of the permission, and at intervals of 12 months thereafter until completion of quarrying, a survey of the condition of the quarry face shall be undertaken and the results submitted to the Department of Infrastructure Planning and Building Control.

Reason: in order to ensure compliance with the parameters of this approval and the stability of adjoining land.

1. Unless otherwise agreed in writing with the Department of Infrastructure Planning and Building Control, no waste or other materials shall be imported into the site.

Reason: in the interests of environmental and visual amenity.

1. No burning of materials is permitted on site.

Reason: in the interests of environmental and visual amenity.

1. At no time shall the height of any overburden mound or stockpile of aggregate or dimension stone exceed 4 metres.

Reason: in the interests of visual amenity and safety.

This approval relates to all plans and schemes of working submitted with the application and dates stamped 20th November 2014, including: Cross Sections Illustrating Proposed Restoration Landform; Existing Storage Mounds; Cross Sections Through Proposed Quarry Workings; Proposed Restoration Plan; and the Plan Showing Proposed Location of Stockpiles, and the plan Phased Removal of Overburden submitted via email 6th January 2015.

Date of Issue:

20th February 2015 Department of Infrastructure, Planning & Building Control, Murray House, Mount Havelock, Douglas Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 MNKOI 0000242367

M. Gallyher

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013.

Any appeal against this decision must be in accordance with Article 8 of the Order. A valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

• Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• The reasons for making the appeal; and
• An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning \& Building Control, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Planning \& Building Control, Murray House, Mount Havelock, Douglas Isle of Man, IM1 2SF. Email [email protected]. Tel 01624685950