14 May 2001
Landfill Site Land To South, Stoney Mountain Road, Eairy, Isle Of Man, IM4 3hj
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no objections to proposed development
no objection provided measures protect mire habitat and prevent run-off into stream; waste disposal licence required
less objectionable than some alternatives; defer to Manx Nature Conservation Trust on ecology; suggest recycling facility if approved
Multiple ecology and heritage consultees, including Manx National Heritage, Manx Wildlife Trust, and DAFF Wildlife Office, raised strong objections to the landfill proposal due to inadequate protection of ecologically valuable habitats and protected species. No consultees supported the application.
Key concern: inadequate mitigation measures to protect ecologically valuable mire habitat, rare wet heath, and protected heath spotted orchids from contamination and hydrological changes
Manx National Heritage
ObjectionManx National Heritage is seriously concerned that the mitigation measures proposed in this application are not accompanied by any detail of engineering structures or site operation; Manx National Heritage remains unconvinced that the proposed landfill is practical in this situation, or that the important mire habitat will be sufficiently protected
Manx National Heritage
ObjectionManx National Heritage remains unconvinced that the proposed landfill is practical in this situation, or that the important mire habitat will be sufficiently protected
Manx Wildlife Trust
Objectionthe Manx Wildlife Trust is strongly opposed
Wildlife and Conservation Office
Objectionit would set a dangerous precedent to accept "mitigation" proposals that still result in a substantial proportion of a protected species population being destroyed
Wildlife and Conservation Office
Objectionextent of mitigation as shown would not protect all orchids or best habitat; no indication of treatment for orchids in unprotected area; surface water runoff and upper leachate could affect water quality alkalinity
DAFF Wildlife and Conservation Office
Objectionwe would object to this application... unless satisfactory mitigation measures are provided
Conditions requested: satisfactory mitigation measures showing how water quality (freedom from nutrients and lime) and quantity in lower part of field can be assured
The original application for creation of a landfill site for inert material on fields south of Stoney Mountain Road, East Foxdale, was initially refused but approved on review subject to conditions addressing ecological concerns. DAFF appealed the approval, arguing conflict with wildlife protection laws, planning policies, waste strategies, inadequate mitigation for protected orchids and mire habitat, and precedent risks. The applicant provided expert evidence on mire protection via bunds, drains, and restoration, with revised plans at inquiry reducing tipping area. The inspector found the revised scheme and agreed conditions adequately protected the habitat, traffic impacts acceptable on a designated HGV route, and recommended dismissing the appeal with permission granted under strict conditions including monitoring and translocation schemes.
Precedent Value
Demonstrates that appeals can succeed for controversial sites in conservation zones via revised schemes and agreed conditions at inquiry; stresses value of expert evidence, party agreement, and strict monitoring for ecological protection in waste proposals.
Inspector: R S Hawthorne
