Construction of a facility for the temporary (maximum 5 years) storage of dredgings from Peel Marina

Decision Summary

• temporary nature meeting specific need
• site restoration and remediation
• contamination risks
• tree protection and replanting
• no further deposits

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Decision & Reasoning

Conditions (6)

1. 1

   Time limit and restoration

   The storage facility hereby approved shall remain for a limited period of five years from the date of this approval. On (or before) the expiry of this approval the facility shall be removed and the land restored to its former levels, or to an agreed profile, be seeded and be capable of use for agricultural purposes in accordance with details to be submitted to and approved in writing by Planning and Building Control Directorate of the Department of Environment, Food and Agriculture (P&BC DEFA).

2. 2

   Remediation scheme

   Prior to the facility hereby approved ceasing to operate, a detailed remediation scheme to bring the site to a condition suitable for its intended subsequent use must be submitted to and approved in writing by P&BC DEFA.

3. 3

   Remediation implementation and verification

   The approved final remediation scheme submitted pursuant to condition 2, must be carried out in accordance with its terms. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of P&BC DEFA.

4. 4

   Unexpected contamination reporting

   In the event that contamination is found following final remediation it must be reported in writing immediately to DEFA. An investigation and risk assessment must then be undertaken and where remediation is necessary a remediation scheme must be prepared and be submitted to and approved in writing by P&BC DEFA and implemented.

5. 5

   No further deposits

   Following the initial disposal of material (which has now been completed), no further material may be transported to and deposited at the site.

6. 6

   Tree survey and planting

   Within a period of three months from the date of this approval, a detailed tree survey indicating: (i) those trees which have been removed from the site in order to construct the facility; (ii) those trees which are likely to have been damaged as a result of the works to construct the facility; and (iii) a scheme for tree planting, including a timetable for such shall be submitted to and approved in writing by P&BC DEFA.

Consultation Responses

German Parish Commissioners object to the retrospective application for a temporary dredgings storage facility at Poortown Quarry, citing lack of zoning, countryside intrusion, aesthetic and material detriment, and tree destruction.

The original application by the Department of Infrastructure (DoI) for construction of a temporary silt storage facility on fields at Poortown Road, German, was retrospective as works were completed prior to submission due to urgent dredging needs from Peel Marina silting exacerbated by heavy metals. The application was referred to the Council of Ministers under procedural rules as it involved DoI land. Appellant DoI argued overriding national need under GP3(g) due to statutory harbour duties, lack of viable alternatives (sea disposal risked fisheries, other sites unfeasible), engineered containment, and restoration plans. Objectors (residents, parish) raised invalidity, traffic/amenity impacts, visual harm, tree loss, and policy conflict. Inspector Alan Langton found urgent national need, no better alternatives, site suitable despite landscape harm (screened, temporary), haul route acceptable, and recommended approval with conditions for 5-year limit, restoration, remediation, no further deposits, and tree survey.

Inspector: Alan Langton DipTP CEng MRTPI MICE MCIHT