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23/10074/AIR PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/10074/AIR Applicant : Delgatie Limited Proposal : Information in relation to conditions 14, 15 and 16 for PA 20/01467/B for the discharge of storm, surface and foul water. Site Address : Marine Biological Station Breakwater Road Port Erin Isle Of Man IM9 6JA

Acting Head of Development Management: Abigail Morgan

Recommended Decision: Permitted Date of Recommendation: 13.06.2024

Conditions and Notes for Approval

N : Notes attached to conditions

NOTE. While the conditions relate to controlling/restricting discharge into the sea, which in this instance having discussed with the officers who requested the additional information is taken to be pollutants and/or silt entering the sea to protect the marine nature reserve and the water quality of the bay (as per the reason for the conditions) the proposals make provisions to ensure that the water quality entering into the sea is sufficient for these reasons.

It is noted by one of the consultees that the agents for the applicant in their submission make reference to provision of appropriate information and considered that there is some further information that would be required and this is covered below.

In this instance of the submission of the following (and after consultation with the consultees, who are happy with the level of detail); o 24-21059-0-170-P1 Standard Civils Notes April 2024; o 24-21059-0-500-P1 Drainage Layout April 2024; o C14, C15 and 16 Document Dice 22 Dec 2022; o Drainage proposals technical note Dice 19 Dec 2022; o 24-21059-Issue Register April 2024; and o Letter for satisfaction of Cs 14, 15 and 16 04.04.24 2001467B. are deemed sufficient to achieve the desired outcome and would be considered satisfactory for the following planning conditions of application 20/01467/B.

Condition 14 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter.

In relation to conditions 15 and 16 the principles and proposed layout of the surface water and foul water drainage systems are considered acceptable. However it is noted that the submitted information is generic with the plans making reference to final details of the

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23/10074/AIR installation in accordance with the manufacturer's details and therefore once these have been decided to comply with the latter part of the conditions they would need to be agreed/approved and thereafter permanently retained in accordance with the approved maintenance system, and as set out below.

Conditions 15 and 16 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the relevant drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.

It should also be noted that consents/licences under the following may be required; Water Pollution Act 1993 Byelaw 5 of the Manx Marine Nature Reserves Byelaws 2018, which states; o 5 Restrictions on deposits o Subject to byelaws 8(3), 19 and 20, no person may deposit or permit the deposit of any substance or article in any part of the Reserves except under a permit issued by the Department under byelaw 14.

Plans/Drawings/Information;

This decision is related to the submitted documents 24-21059-0-170-P1 Standard Civils Notes, 24-21059-0-500-P1 Drainage Layout, 24-21059-IssueRegister submitted on the 28.04.2024 and C14 and 16 document, 15 surface water information, Letter for satisfaction of Cs 14, 15 and 16 04.04.24 2001467B submitted on the 19.12.2022.

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Officer’s Report

1.0 Description

1.1 The proposed application 20/01467/B for the erection of a building to provide exhibition space, retail, apartments and restaurant with associated parking spaces (relating to PA 19/00373/A) was approved on 28.03.2022 subject to 49 conditions some of which required submission of additional information prior to the commencement of works.

1.2 This report is specific to Conditions 14, 15 and 16 which the applicants are seeking to satisfy.

1.3 Specific wording of the conditions are as follows:

C 14. Drainage provision

Linear Drain The development hereby approved shall not progress above lower ground level until there has first been submitted to the Department in writing to be agreed, details of the proposed linear drain as shown on Proposed Drainage Strategy drawing 100217_03_500_01 dated 28.03.19 Rev D dealing with run off/discharge from the rock face to the adjacent land, including amenity space, and management thereof. No part of the development shall be occupied until the agreed drainage strategy has been implemented. The development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter.

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23/10074/AIR Reason: To ensure that the amenity of future occupiers of the development is protected and that there is adequate infrastructure in place.

C 15. Surface water

Notwithstanding the details shown on Proposed Drainage Strategy drawings 100217_03_005_01 Revision D dated 287.03.19 no development shall take place, other than works of demolition, until details of works for the disposal of storm and surface water, including any required attenuation and/or storage, has first been submitted to the Department in writing to be agreed. The strategy shall not include any discharge to the sea or the use of storm overflows. No part of the development shall not [sic] be occupied until the agreed drainage strategy has been implemented. The surface water drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.

Reason: To ensure that there would be adequate infrastructure in place for the disposal of surface water arising from the development in an area adjacent to a tidal flooding zone and to protect the Marine Nature Reserve and Bathing water quality.

C 16. Foul Water

Notwithstanding the details shown on Proposed Drainage Strategy drawings 100217_03_005_01 Revision C, no development shall take place, other than works of demolition, until a foul water drainage strategy, detailing any on and / or off site works that may be needed to dispose of foul water from the development and to safeguard the development from foul water flooding, has first been submitted to the Department in writing to be agreed.

No part of the development shall be occupied until the agreed drainage strategy has been implemented. The strategy shall not include any discharge to the sea or the use of combined sewage overflows. The foul water drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.

REASON: To ensure that there would be adequate infrastructure in place for the disposal of foul water arising from the development and to protect the Marine Nature Reserve and Bathing water quality.

2.0 Background to the conditions

The initial Drainage Strategy submitted with the application made provision for the following;

o surface water from the cliff faces will be met by linear systems aligned adjacent to the peripheral retaining walls. This runoff will be collected and discharged into the new surface water network serving the proposed development;

o a network of pipes to collect surface water drainage to discharge freely into the sea via a new outfall to the north of the site; and

o Foul sewage to be collected and discharged to the existing combined system via gravity.

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23/10074/AIR Given that the site is located adjacent to a Nature Marine Reserve the consultees raised concerns about discharge from the site; especially an unrestricted and potentially contaminated discharge (as proposed on Drawing 100217_03_500_01 Revision C), as this could result in harmful pollutants, such as foul water, PAHs (from car parks) nutrients, pesticides and microbiological contaminants, entering and negatively impacting the protected marine environment.

They requested that updated proposals are provided to ensure that there is NIL impact to the MNR from foul, storm and surface water and they suggested conditions.

A request was also made in relation to marine monitoring and mitigation, in order to assess the impact pre, during and post construction of the development on the MNR and determine if the measures to be implemented to protect the MNR are working.

The latter point is addressed at paragraph 7.5.9 of the officer's report. A condition requiring monitoring was considered to fall outside the remit of the current planning application, as there has not been identified any ecological baselines which the proposed scheme would alter and which needs to be protected via a monitoring condition. Notwithstanding this the above conditions 15 and 16 do require any approved 'system to be permanently retained thereafter in accordance with the approved maintenance scheme'.

It should be noted for conditions 15 and 16 the reasons for them are to ensure adequate infrastructure is in place for the disposal of surface and foul water arising from the development and to protect the Marine Nature Reserve and Bathing water quality [my underlining].

2.0 Proposal

2.1 The applicant's agent have now submitted the following drawings and details;

o 24-21059-0-170-P1 Standard Civils Notes April 2024; o 24-21059-0-500-P1 Drainage Layout April 2024; o C14, C15 and 16 Document Dice 22 Dec 2022; o Drainage proposals technical note Dice 19 Dec 2022; o 24-21059-Issue Register April 2024; and o Letter for satisfaction of Cs 14, 15 and 16 04.04.24 2001467B.

It is noted that some of the themes / topics in the DICE letters have since been superseded by amendments to the proposal in principle as set out in the letter of satisfaction.

2.2 These documents include a plan of site showing the various proposed drainage strategy elements including linear drainage, storm and surface water disposal, foul water drainage strategy and any existing Manx Utilities Authority equipment including various connections and manhole positions. The plans also includes details of how the various surface water will be discharged and details of the foul water management for the site.

2.3 The submitted letters also clarifies the discharge methods across the site.

o Surface water (including that from the linear drain) is proposed to all go to an interceptor (as a principle) o The linear drain is a 375mm diameter land drain positioned behind the buildings and the cliff which will drain into the interceptor (Agent letter). This is designed to accommodate any runoff/discharge from the rock face to the adjacent land, including amenity space into an attenuation system (Dice 21 Dec letter).

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23/10074/AIR o Linear drain is to be connected at various points by a 450mm culvert (drainage layout 24-21059 P1) o The new interceptor which will release clean water into the existing stormwater outfall (Agent Letter). Attenuation systems are specified which treat surface water prior to discharge, along with interceptors which are intended to remove PAHs and hydrocarbons (Dice 21 Dec letter). o 24-21059-0-500-P1 Drainage Layout full retention separator to serve impermeable area of 2,100m2 in accordance with manufacturer's specification and existing outfall to be reconstructed to new outfall level with unrestricted discharge to the sear. o All water going from the proposed roadways and car parks in the development will pass through gullies with silt traps and petrol interceptors. o The water then passes through a proposed 100% retention alarmed interceptor and what will discharge from this is clean water. o Foul water the proposal connect it to the existing combined sewerage system, with a private packaged foul pumping station in accordance with building regulations with 24 hour emergency storage.

The agent for the applicant considers that the submitted information complies with the requirements of the condition and its reason for being imposed as in relation to the surface water the proposals will ensure a nil discharge through the use of a retention separator and full treatment to ensure it is clean water. The proposed system does not include any discharge to the sea nor the use of combined sewage overflows, it connects into the existing combined sewerage system.

3.0 Consultation

3.1 The following consultees were consulted for advice on the satisfaction of condition below is a summary please refer to the website for the full comments;

o Manx Utilities responded on the 16.05.2024 - The main issue from MU perspective is that there is no ground water or surface water runoff into the combined sewer. They have indicated that such SW will be treated and pass through suitable interceptors before being discharged into the sea to ensure any potential silt and other pollutants are removed - this is in line with the requirements from DEFA. o DEFA Fisheries/MNR responded on the [check date].2024. Whilst commenting on the wording of the condition have confirmed that it is acceptable in principle however they have raised concerns about ongoing maintenance to ensure the nil effect and that there are no provisions for ongoing monitoring of MNR to ensure that the proposals are effective. o The Environmental Protection Unit responded on the previous information submitted (26.10.23) The EPU only regulates discharges to controlled waters in accordance with the Water Pollution Act 1993, surface water and sewer drainage provision is regulated by Manx Utilities. If the planning application has no proposal for discharge to controlled waters (i.e. river or coastal waters) which requires a licence most commonly due to construction of a private sewage treatment works (uncontaminated surface water does not require a discharge licence) then the EPU has no comment.

It is considered that these comments mostly stand in relation to licencing and that uncontaminated surface water does not require a discharge licence.

The advice received after their review of the updated submitted documents, concludes that they confirm that the information satisfies the relevant clauses.

4.0 Recommendation

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23/10074/AIR 4.1 While the conditions relate to controlling/restricting discharge into the sea, which in this instance having discussed with the officers who requested the additional information is taken to be pollutants and/or silt entering the sea to protect the marine nature reserve and the water quality of the bay (as per the reason for the conditions) the proposals make provisions to ensure that the water quality entering into the sea is sufficient for these reasons.

4.2 It is noted by one of the consultees that the agents for the applicant in their submission make reference to provision of appropriate information and considered that there is some further information that would be required and this is covered below.

4.3 In this instance of the submission of the following (and after consultation with the consultees, who are happy with the level of detail); o 24-21059-0-170-P1 Standard Civils Notes April 2024; o 24-21059-0-500-P1 Drainage Layout April 2024; o C14, C15 and 16 Document Dice 22 Dec 2022; o Drainage proposals technical note Dice 19 Dec 2022; o 24-21059-Issue Register April 2024; and o Letter for satisfaction of Cs 14, 15 and 16 04.04.24 2001467B. are deemed sufficient to achieve the desired outcome and would be considered satisfactory for the following planning conditions of application 20/01467/B.

4.4 Condition 14 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter.

4.5 In relation to conditions 15 and 16 the principles and proposed layout of the surface water and foul water drainage systems are considered acceptable. However it is noted that the submitted information is generic with the plans making reference to final details of the installation in accordance with the manufacturer's details and therefore once these have been decided to comply with the latter part of the conditions they would need to be agreed/approved and thereafter permanently retained in accordance with the approved maintenance system, and as set out below.

4.6 Conditions 15 and 16 with the understanding that no part of the development shall be occupied until the agreed drainage strategy has been implemented and the relevant drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme.

4.8 It should also be noted that consents/licences under the following may be required; Water Pollution Act 1993 Byelaw 5 of the Manx Marine Nature Reserves Byelaws 2018, which states; o 5 Restrictions on deposits o Subject to byelaws 8(3), 19 and 20, no person may deposit or permit the deposit of any substance or article in any part of the Reserves except under a permit issued by the Department under byelaw 14.

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I can confirm that this decision has been made by the Director of Planning and Building Control 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.

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23/10074/AIR Decision Made : Permitted Date : 13.06.2024

Determining officer

Signed : J CHANCE

Jennifer Chance

Director of Planning and Building Control