Cabinet Office

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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Mr Will Greenhow ACMA

26th August 2015

Our Reference: DF15/0018

Planning Secretary Department of Environment, Food and Agriculture Planning & Building Control Division Murray House Mount Havelock Douglas

Dear Sir/Madam,

TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE)

(No2) ORDER 2013

| Applicant | Department of Infrastructure | | --- | --- | | Proposal | Construction of a facility for the temporary (maximum 5 years) storage of dredgings from Peel Marina | | Address | Fields 314574 & 314514 Poortown Road Peel |

I refer to the abovementioned planning application.

In accordance with Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following conditions:

Conditions of Approval

1. 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 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).

Reason: The development has been found to be acceptable only on a short term basis because it meets a specific need.

2. 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.

   Reason: To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

3. 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.

   Reason: To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

4. 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.

   Reason: To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

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

   Reason: The site is being used as a temporary facility for the storage of material which has now been completed.

6. 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.

   Reason: In the interests of environmental and visual amenity.

In accordance with Article 10(10)(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

Yours faithfully,

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary