Minister Appeal Decision Notice

, Application No. PA03/1843 ON APPEAL

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Ref: RAH/MC

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TOWN AND COUNTRY PLANNING ACTS 1934-1981 ISLE OF MAN PLANNING SCHEME (DEVELOPMENT PLAN) ORDER 1982 TO: Messrs. Dickinson,Cruickshank& Co., PO Box 33, 33-37 Athol Street, Douglas, 1M! !LB (Your ref: D56.038jRL/SES)

[Copies as per Circulation Ust]

In pursuanceof his powers under the above Acts and Order the MINISTER for Local

Government and the Environment, following report by the appointed person, does hereby APPROVE the application by - Department of Transport - Extension of

existing quarry in an easterly direction for the extraction of mineral reserves. Works to include: construction of new vehicular access and closure of existing access with associated restoration/landscaping works; relocation of and replacement of existing plant; relocation of and replacement of existing site offices and ancillary facilities; new water management system (Parcel A); and relocation of existing magazine facilities to Ballakilmurray Farm B), Poortown Quarry, POOl"town, German subject to compliance with the conditions specified on the attached schedule and numbered 1 to 32 inclusive.

Dated this 6~ day of May 2005. By Order of the Minister Chief-Executive Murray House, Mount Havelock, Douglas, Isle of Man.

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• Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.
• Note 2: A copy of the report of the appointed person is appended hereto.

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.' PA03/1843 - ONAPPEAL

Ref: RAH/MC

• 1. (a) The development hereby permitted shall commence before the expiration of four years from the date of this notice.

• (b) Within 6 months of the date of this notice the applicant shall notify the planning authority as to the date when it intends to commence the development hereby penmitted as distinct from continuing the development authorised by PAg5/1261.
• (c) The existing magazines shall be removed permanently from the site within 12 months of the commencement date of the development or such later date as the Planning Authority may agree in writing.

• 2. This approval relates to the extension of the existing quarry in an easterly direction for the extraction of mineral reserves and associated developments as shown on drawings POOlRev 8; P002 Rev 8; P003- P0012; P013 Rev A - P020 Rev A; P021; 2034/01 Rev 8; 2034/02 Rev C; 2034/038; 2034/04; P1001- 1004; 1800 LP/28 - 1800 lP/29; and as indicated within the Planning Statement and the Planning and Environmental Statement Volumes A - G submitted with the application; and the Report on Trees and Woodland dated February 2004. Where there are inconsistencies between the approved plans and the Planning Statement or the Environmental Impact Assessment, the approved plans shall prevail. The development including the phasing and direction of working shall be carried out strictly in accordance with the approved particulars save as may be varied by the following conditionsl later planning approval or as subsequently approved in writing by the planning authority.
• 3. (a) Prior to the commencement of any extraction in Fields 2098 (1) and 2098 (2) the existing quarry shall be extended in an easterly direction through Field 2096 until all the mineral reserves in Field 2096 are substantially worked out strictly in accordance with all 5 stages of the extraction strategy indicated in plan and crossM section on drawing PlO02. If the reserves in Field 2096 are substantially worked out prior to the completion of all 5 stages of the extraction strategy the operator shall apply for and obtain a variation of the pianning approval before proceeding to excavate Fields 2098 (1) and 2098 (2).

• (b) The extension of the haul route from Field 2096 into Field 2098(1), including the measures for the mitigation of its visual impact on the landscape, shall accord with

that must be to and approved by the Planning Authority in advance of the extension being commenced.

• (c) The eastern slope of Rockmount Hill above Field 2050 shall be retained permanently unexcavated up to at least the 120 metre contour in accordance with detailed plans and sections which shall be submitted to and approved in advance by the Planning Authority prior to the commencement of development.

• 4. (a) Unlessotherwise approved in advance by the PlanningAuthority the new accessroad shail be completed and opened to traffic within 2 years following the commencement of development.

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(b) Unless othelWise approved in advance by the Planning Authority the existing access from the quarry to the AlO road shall be closed off permanently to quarry customers and the public within 3 months of the date that the new access road is first opened for quarry traffic.

• 5. The landscaping works including all planting identified as Phase 1 on Figure 13 in Voiume C of the Environmental Impact Statement and as detailed on drawing no. IBOOLP/20B shall be carried out in the first planting season following the commencement of the development.
• 6. The landscaping works including all planting identified as Phase 2 on Rgure 13 in Volume C of the EnvironmentalImpact Statement and as detailed on drawing no. IBOOLP/20Bshall be carried out in the first pianting season following the first date that the new office is available for use.
• 7. The landscaping works identified as Phase 3 on Figure 13 in Volume C of the EnvironmentalImpact Statement must be completed as detailed on drawing nos. IBOOLP/20B,IBOOLE/21A,IBOOLE/IBAand IBOOLE/19Awithin 12 months of the date (whichever is the latest) that the new plant is operational, the new office is available for use and the existing plant proposed to be replaced has been decommissioned. All the proposed planting must be carried out in the first planting season following the completion of to the gabion retaining wall structure.

B. The landscaping works including all the proposed planting identified as Phase 4 on Rgure 13 in Volume C of the Environmental Impact Statement and as detailed on drawing no. IBOOLP/20Bshall be carried within 12 months of the planting being completed in Phase 3 as set out in Condition 7 above.

• 9. Prior to the cessation of each phase of the approved quarrying a scheme including a phasing scheduie shall be submitted to and approved by the Planning Authority showing the final grading of the slopes of the excavations and the measures to be taken to encourage the quarry sides, which are no longer required for quarrying purposes, to be colonised by vegetation. Each phase of the scheme shall be carried out within 2-years of the conclusion of quarrying in that area unless agreed otherwise in writing by the PlanningAuthority.
• 10. Any trees, shrubs or plants planted in accordance with conditions 5, 6, 7, 8 and 9 which within a period of five years of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
• 11. Prior to the commencement of any part of the approved development a Landscape Management Pian shall be submitted to and approved by the Planning Authority setting out the period of the plan, the long-term objectives, management responsibilities, performance measures, maintenance schedules and provisions for reviewing the plan every 5 years. The plan shall include all the areas landscapedand pianted in accordance with conditions 5, 6, 7, B, 9 and 10 and any planting in Relds 2096 and 2154 undertaken as required by planning approval PA95/1261.
• 12. The mound proposed adjacent to the proposed magazine at BaHakilmurray must be in place before any storage of explosives is commenced and shall be permanently retained.

• •. 13. No more than a 20 metre wide strip of overburden shall be stripped in advance of

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_mineral excavation unless otherwise approved in advance in writing by the Planning

Authority.

• 14. Prior to the commencement of any works in Reid 2098(2) a staged archaeological assessmentin line with that already undertaken by the applicant in Reid 2098(1) shall be completed. A method statement detailing how this assessment is to take place must first be approved by the Planning Committee with guidance from Manx National Heritage. Proper reports shall be made of all archaeological findings and shall be deposited with Manx National Heritage. The applicant's attention is drawn to the terms of the Manx Museum and National Trust Acts 1959 - 1986.
• 15. Working of the quarry, including the operation of machinery, shall be carried out only between the hours of 08.00 and 16.00 Monday to Friday. There shall be no working outside of these hours (apart from water pumping, servicing, environmental monitoring and maintenance) unless otherwise approved in advance in writing by the Planning Authority. NOTE: This condition does not relate to operation of the bitumen plant.
• 16. Except as may be specified otherwise in these conditions or approved in writing by the Planning Authority, no development, mineral extraction or processing shaH take place except in accordance with the recommendations for the monitoring and mitigation of noise and vibration contained in Section 9 of the Environmental Impact Assessment Volume 8.
• 17. No driiling or biasting shall take piace on Saturdays, Sundays, Bank holidays or other pubiic holidays. No drilling and blasting shall take place on any other day except between the hours of 09.00 and 15.30.
• 18. No secondary biasting shail take place at any time.
• 19. (a) Ground vibration as a result of blasting operations shall not exceed a peak particle veiocity of 6mm/s in 95% of all blasts measured over a 12-month period and no individual blast shall exceed a peak particle velOcityof 12 mm/s as measured at vibration sensitive buildings. The measurements shall be taken at three mutually perpendicular directions taken at the ground surface of any vibration sensitive buildings.

• (b) Within 6 months of the date of this notice or other period as may be approved in advance in writing by the Planning Authority details of the methods to minimise the effects of air overpressure arising from blasting and the agreed limits on air overpressure levels at specified properties be for the written approval of the Planning Authority. No blasting operation shall take place except in accordance with the approved scheme, unless otherwise approved in advance in writing by the Planning Authority.
• (c) Within 6 months of the date of this notice or other period as may be approved in advance in writing by the Planning Authority a scheme for the monitoring of blasting shail be submitted to the Planning Authority for written approval. The scheme shail include blast-monitoring locations, the frequency of monitoring, the equipment to be used and the procedures to be adopted if vibration exceeds a certain level. No blasting operation shall take place except in accordance with the approved scheme, unless otherwise approved in writing by the PlanningAuthority.

• 20. The vibration monitoring shall be extended to the stone cairn known as the Giant's Grave when the blast site is within 100 metres of this location. At the same time,

, mitigation measures must be put in place to protect the stones and such measures must

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be approved in writing in advance by the Planning Authority .

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• 21. (a)Apart from during blasting operations, noise emitted from the site shall not exceed 56 dBLAeq (lhour) (free field) when measured 1m from the fa~ade of any noise sensitive property, except from the removal of soil and construction or removal of landscape or baffle mounds, at which time noise from these activities shall not exceed 70 dBLAeq (lhour) (free field) when measured 1m from the fa~adeof any noise sensitive property.

• (b) Within 6 months of the date of this notice or other period as approved in writing by the Planning Authority a scheme for the monitoring of noise in the vicinity noise sensitive properties shall be submitted to the Planning Authority for written approval. The scheme shall include noise-monitoring locations, the frequency of monitoring, the equipment to be used and the procedures to be adopted if noise exceeds the maximum levels prescribed in condition 21 (a).
• (c) Details of the noise attenuation measures for the coating plant shall be submitted to and approved by the Planning Authority before work on the erection of the plant is commenced. The approved details shall be strictly adhered to unless otherwise agreed in writing by the PlanningAuthority.

• 22. (a)Except as may be stipulated otherwise by these conditions or approved in writing by the Planning Authority, no development, mineral extraction or processing shall take place except in accordance with the recommendations for the monitoring and mitigation of dust and gaseous emissions contained in Section 6.0 of the Environmental Impact Assessment Volume D.

• (b) Within 6 months of the date of this notice or other period as may be approved in writing by the Planning Authority, a scheme for the monitoring and suppression of dust shall be submitted to the Planning Authority for written approval. The scheme shall include the identification of dust monitoring locations around the site boundary, the frequency of monitoring, the dust monitoring procedures, the identification of maximum airborne dust levels and the procedures to be adopted for dust suppression if airborne dust levels exceed these prescribed levels.
• (c) Best practical means shall be employed to minimise dust nuisance and shall include sheeting of vehicles carrying unwashed stone under 75mm in diameter, wheel cleaning facilities at the top of the access road, fixed water spray heads to reduce dust on the approachesto the and damping of stockpiles and roadways in dry weather.

• 23. All machinery used on the site shall be maintained or replaced as appropriate such that best practicable means are used in controlling emissions from all Without prejudice to the generality of the foregoing efficient silencers on engines and plant shall be maintained strictly in accordance with manufacturers' specifications.
• 24. No other part of the approved development shall be begun until the approved water monitoring programme is fully operational and contingency measures for water management approved by the Planning Authority are available. The monitoring and water management measures shall be in accordance with the approved details unless approved otherwise in writing by the Planning Authority.
• 25. Prior to the commencement of the new access road details of the measures proposed to prevent the egress of surface water and the deposit of mud onto the public highway shall be submitted and approved by the Planning Authority. The approved details shall be strictly adhered to unlessotherwise agreed in writing by the PlanningAuthority.

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• 26. Details shall be submitted to and approved by the Planning Authority in advance of instailation of any extemal proposed (which shall be designed to minimise the potential nuisance of light spillage outside the site) including the location, height, design, sensors and luminance of lighting units.

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• 27. No part of the development shail be commenced until a method statement which sets out the mitigation measures in respect of the ecology of the site shall be submitted to and approved by the PlanningAuthority, The approved scheme must include:

• a) A management programme for the remaining grassland area.
• b) Identification of "habitat compensation areas" and measures for their protection.
• c) A programme of replacement gorse scnubhabitat.
• d) Measures to recover the native bluebell
• e) Measures to maintain water supply to ensure the protection of amphibian habitats. The approved scheme shall be strictly adhered to unless otherwise agreed in writing by the PlanningAuthority.

• 28. Prior to the commencement of any part of the approved quarrying details of the minimum stand off distances of working faces from boundaries and the fencing of boundaries shall be submitted to and approved by the Planning Authority. The approved details shall be strictly adhered to unless otherwise agreed in writing by the Planning Authority.
• 29. Prior to the commencement of any part of the approved quarrying details of the location and maximum height of the stockpiles shall be submitted to and approved by the Planning Authority. The approved details shall be strictly adhered to unless otherwise agreed in writing by the PlanningAuthority.
• 30. No topsoil shall be removed from the site and no waste may be deposited in the quarry unless and until approval is granted therefor in response to a planning application seeking to use the quarry for that purpose.
• 31. No advertisement matter shall be exhibited at the site without the prior written permissionof the Planning Authority.
• 32. Within 2 years of the completion or permanent cessation of the quarrying hereby approved or the permanent cessation of the winning and processing of minerals within the application site, whichever is the later, a scheme for the closure of the quarry shall be submitted to and approved by the Planning Authority. The scheme shall include details of the removal from the site of all plant, structures and buildings, the arrangements for ongoing water management and the detailed proposals for the reclamation of the site to use or, alternatively, final restoration for purposes of nature conservation and the promotion of bio~diversity. The approved scheme shall be fully implemented within 3 years of the written approval issuing unless agreed otherwise in writing by the PlanningAuthority.

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