DEC Decision Notice

Arcadis Mr Gareth Mulreid Unit 7 Chamberlain House 1 Research Way Plymouth PL6 8BT

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Manx Utilities Authority, Ref 23/01407/B, for the The construction of a new Sewage Treatment Works and creation of new vehicular access at Land West Of Glenfaba Road Fields 311835, 311836 And 311785 Glenfaba Road Peel Isle Of Man .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. No development shall be commenced until soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of new trees and hedgerow and shall include a landscaping plan, planting specification and a programme of Implementation. The approved landscaping scheme shall be carried out in accordance with the approved detail.

Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure appropriate mitigation for the loss of trees is secured, in the interest of landscape character and biodiversity.

• 3. Prior to the commencement of any works details of the protection measures during construction for the following features on site shall be submitted to an approved in writing by the Department.

• o Trees along the southern edge of the site
• o Trees in area of the pipe to the west of the site
• o Retained sod banks to the east and west of the site; and
• o Field 311816 (outside of the road area). The agreed protection measures shall be in place for the duration of construction works. Reason: To provide protection of retained features

• 4. No retained tree shall be cut down, uprooted, destroyed, or damaged in any manner during the development phase and thereafter within 5 years from the date on which the development first comes into operation, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 5. Prior to the commencement of the installation of any process related equipment which has a risk of creating odours, a scheme for the undertaking of measures to reduce odour emissions must be submitted to and approved by the Department in writing and the development undertaken in accordance with these details. These measures should include the provision of tank covers, bottom filling the tanks, avoidance of build up of sludge, a programme for maintaining all equipment and detailing of how staff will ensure hatches and covers are properly closed and how spillages will be avoided and dealt with. Reason: to reduce the potential for odour nuisance from the proposed development
• 6. No development shall take place above ground until a scheme for the enhancement of biodiversity on the site has been submitted to and approved in writing by the planning authority. The scheme shall include details of the proposed management of the grassland area and a bat and bird box plan and shall include a timetable for implementation. The development shall be carried out in accordance with the approved details.

Reason: These details are required to enhance habitat on the site in the future and to ensure that the development accords with Environment Policy 4 of the Strategic Plan.

• 7. Prior to the commencement of any development a Biodiversity Mitigation Plan shall be submitted to and approved in writing by the Planning Directorate.

The Biodiversity Mitigation Plan will include details of the Precautionary Working Method Statements for breeding birds and common lizards and a materials management plan, relevant for the specific works proposed. The development shall be carried out in accordance with the approved details.

Reason: These details are required prior to commencement to protect and enhance existing species and habitat on the site in the future and to ensure that the development accords with Environment Policy 4 of the Strategic Plan.

• 8. A fungi survey of field 311836, which will include a grassland fungi management regime, shall be carried out between 1 September 2024 and 30 November 2024, by a suitably qualified ecological consultancy. Thereafter the associated fungi survey report shall be submitted to the Department and approved in writing. The field must then be managed

in line with the recommended management regime for a minimum 5 year maintenance period following the commencement of the development.

Reason: In the interests of maintaining ecological value and protection of fungi within the site.

• 9. No external lighting shall be installed except in accordance with a detailed external low level lighting scheme which complies with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (2023), which shall have first been submitted to and approved in writing by DEFA Planning. The approved scheme shall be retained thereafter.

Reason: To ensure that the development accords with Environment Policy 4 of the Strategic Plan.

• 10. Prior to the commencement of the development the access changes and visibility splays across the site frontage shall be provided in accordance with the layout in approved drawing no. 10057112-ARC-XX-XX-DR-T-0614 Rev P2.

Reason: To ensure that there is adequate access during the construction of the development and in the interests of highway safety.

• 11. Prior to the use of the development first commencing, the access and visibility splays across the site frontage shall be finished in accordance with approved drawing no. 10057112-ARC-XX-XX-DR-T-0614 Rev P2 and thereafter shall be permanently maintained as such. Reason: In the interests of highway safety.
• 12. Prior to the commencement of the development details of surface water drainage works shall be submitted to and approved in writing by the Department. The information submitted shall be in accordance with the principles set out in the approved drainage strategy. The submitted details shall:

• i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;
• ii. include a timetable for implementation; and
• iii. provide a surface water management and maintenance plan for the lifetime of the development which shall include the arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution for the lifetime of the development.

• 13. If the sewage treatment works, or any element thereof become redundant for its original purpose, or the works or any part thereof cease to be operational, all of the relevant infrastructure must be removed from site and the site restored to its former condition. A scheme for how this will be undertaken including timings, must be approved by the Department within six months of the facility or any part thereof becoming redundant and the restoration works undertaken in accordance with the approved scheme.

Reason: The development is considered acceptable on the basis of the identified need and environmental benefit but if the facility is no longer required or operational, the

development should be removed from site, reinstating the original environmental condition of the site This decision relates to the following drawings and statements, date stamped received on 30 November 2023: SITE LOCATION PLAN AND PLANNING BOUNDARY 10057112-ARC-XX-XX-DR-T-0600 P3

• EXISTING SECTIONS SHEET 1 10057112-ARC-XX-XX-DR-T-0602 P2
• EXISTING SECTIONS SHEET 2 10057112-ARC-XX-XX-DR-T-0603 P2
• EXISTING SECTIONS SHEET 3 10057112-ARC-XX-XX-DR-T-0604 P2
• EXISTING SECTIONS SHEET 4 10057112-ARC-XX-XX-DR-T-0605 P2 PROPOSED SITE PLAN 10057112-ARC-XX-XX-DR-T-0606 P2

• PROPOSED SECTIONS SHEET 1 10057112-ARC-XX-XX-DR-T-0607 P3
• PROPOSED SECTIONS SHEET 2 10057112-ARC-XX-XX-DR-T-0608 P3
• PROPOSED SECTIONS SHEET 3 10057112-ARC-XX-XX-DR-T-0609 P2
• PROPOSED SECTIONS SHEET 4 10057112-ARC-XX-XX-DR-T-0610 P2
• PROPOSED SECTIONS SHEET 5 10057112-ARC-XX-XX-DR-T-0611 P3
• PROPOSED SECTIONS SHEET 6 10057112-ARC-XX-XX-DR-T-0612 P2 PROPOSED LANDSCAPE PLAN 10057112-ARC-XX-XX-DR-T-0613 P1 PROPOSED VEHICULAR ACCESS PLAN 10057112-ARC-XX-XX-DR-T-0614 P2 PROPOSED DIVERSION OF PUBLIC FOOTPATH PLAN 10057112-ARC-XX-XX-DR-T-0615 P2 PROPOSED IRBC ELEVATIONS 10057112-ARC-XX-XX-DR-T-0616 P2 PROPOSED DISTRIBUTION CHAMBER KIOSKS AND UV KIOSK ELEVATIONS 10057112-ARCXX-XX-DR-T-0617 P2 PROPOSED MOTOR CONTROLS CENTRE BUILDING POTABLE WATER AND TRANSFORMER KIOSKS ELEVATIONS 10057112-ARC-XX-XX-DR-T-0618 P2 PROPOSED JUNCTION WITH GLENFABA ROAD VISIBILITY SPLAY 10057112-ARC-XX-XXDR-H-065

• EXISTING TOPOGRAPHICAL SURVEY SHEET 1 OF 2 10057112-ARC-XX-XX-DR-T-0003 P3
• EXISTING TOPOGRAPHICAL SURVEY SHEET 2 OF 2 10057112-ARC-XX-XX-DR-T-0004 P3

Planning Application Supporting Statement Environmental Statement Glenfaba Arboricultural Constraints Report Statement of Community Involvement Energy Statement Accessibility Audit Checklists Road Safety Audit Report

This decision has been made for the following reasons(s) The proposed development will give rise to a low level of harm and policy conflict over land use, however, the proposed development will deliver an infrastructure and sewerage project to serve one of the main towns on the Island, where raw sewage is currently pumped untreated into the ocean. The provision of a sewage treatment works will be instrumental in meeting a significant number of environmental objectives, in particular RSTS2, UNESCO Biosphere Status, and future environmental objectives detailed within 'Our Island Plan'. The delivery of modern sewage treatment facilities for one of the largest towns on the Island and the associated water quality improvements carries significant weight, particularly given the nationally identified need to deliver these facilities. The benefits of the development significantly and demonstrably outweigh the identified harm and it is therefore recommended that planning permission be approved.

Date of Issue: 16th July 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) 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.