Loading document...
Application No.: 09/00970/LAW Applicant: Department Of Transport Proposal: Certificate of Lawfulness for storage and processing of inert waste Site Address: Stoney Mountain Quarry Stoney Mountain Road Eairy Isle Of Man IM4 3HJ ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Douglas Corporation Notes : Consultee : Malew Parish Commissioners Notes: Do not object. Consultee : Waste Operations Manager Notes: Waste matters memo sent 16.06.09 PT Consultee : The Architects (DOLGE) Notes: No comment to make
The site represents the curtilage of Stoney Mountain Quarry as worked (and including a small area to the west which had up until recently been worked outwith the planning permission and lease agreement but for which retrospective planning permission has recently been sought and is recommended for approval - see below). The quarry lies to the south west of Stoney Mountain Road and is accessed from the B36 Tosaby Road to the south of the Eairy Dam.
The quarry produces crushed rock aggregate, building stone and armour stone for coastal protection work from the Foxdale granite deposits on site.
Also on site is the paraphernalia associated with quarrying including wheel wash facilities, drainage, stockpiles of mineral, weighbridge and site office.
PLANNING STATUS Most of the site is identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Area for Surface Mineral Working. PLANNING HISTORY
The following applications have been submitted in respect of this site:
15 October 2009
PA 08/01638/C - One year extension to existing planning permission (03/01867/C) Status - Permitted 13th October 2008
PA 09/00955 - retrospective planning permission for quarrying - recommended for approval
Proposed now is retrospective approval in the form of a Certificate of Lawfulness for the storage and processing of inert waste. The application states that "small quantities" of construction and demolition rubble from Department of Transport and other Government sites around the Island are brought to this site for inspection, sorting, crushing then re-used as aggregate. The material may be stockpiled until being taken from the site, depending upon demand. The incoming material is visually inspected, weighed and logged and any material which does not conform to the licence is redirected to landfill or returned to its point of origin. This operation has been on-going since 1995 virtually unchanged with all records kept on site and available for inspection.
The records provided with the application include details of production from the quarry from 1991/2 when only dry stone aggregate was produced on site (36,026 tonnes). In 1992/3 stone began to be exported to Poortown Quarry (7,211 tonnes) but stopped in 1994 then recommenced for only one year in 2002. Construction rubble was imported to the site in 1995/6 to date and amounts varied from 6,128 tonnes in the first year down to 539 tonnes in 2007/8 to a maximum of 7,162 in 2006/7 with a total of 50,712 tonnes and an annual average of 3,622 tonnes and mean volume of 3,171 tonnes. This compares with a total aggregate production from the site of 713,988 tonnes, an average of 50,999 tonnes and a mean volume of 35,203 tonnes. In addition, from 1999/00 planings were imported to the site, resulting in an additional 7,404 tonnes over the ten years and between 73 tonnes and 2,883 (mean 1,000 tonnes).
Materials excluded from the site are asbestos, batteries, gas cylinders, wood, plastic, paper and liquids.
The period of storage of the imported material varies from days or weeks to years in the case of larger scale projects such as the airport runway extension. As the amount of material varies, so does the amount of traffic generated by the bringing and exportation of this material.
REPRESENTATIONS Malew Parish Commissioners indicate that they do not object to the application Estates and Housing Directorate of Department of Local Government and the Environment indicate that they have no comment to make
In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states:
"PART 4 - ENFORCEMENT OF CONTROL 24.(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not a) any existing use of buildings or land is lawful c) any operations which have been carried out in, on over or under land are lawful (2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them."
15 October 2009
The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate."
In this case the applicant has maintained a record of the material brought in and sorted at the site. Further information has also been solicited from the Department of Trade and Industry who provide further information confirming that they are aware of the recycling activities which have been ongoing at Stoney Mountain and provide evidence of one year's monitoring. This year is as recent as 2008 but they state that they have more information going back further in time in their archives. They also confirm that annual inspections have been carried out at the quarry in conjunction with the Minerals Licence and royalties audit.
There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the use of the site for the recycling of Government demolition and construction waste in this case and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Certificate of Lawful Use Approved
Date of Recommendation: 28.07.2009
C 1 . The submitted application reference, PA09/00970/LAW, contains evidence sufficient to demonstrate that:
Stoney Mountain Quarry as defined in the submitted plans has been used in part for the recycling of construction and demolition material for a period in excess of ten years prior to 9th June 2009 subject to the following limitations:
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Certificate of Lawful Use Approved Date : Signed : Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
View as Markdown