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                                      21/00487/B                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00487/B Applicant : Manx Utilities Authority Proposal : Removal of an existing bulk fuel storage tank and installation of a new bulk fuel storage tank on site of a previously decommissioned tank Site Address : Power Station Pulrose Road Douglas Isle Of Man IM2 1AD

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 29.06.2021 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The bulk storage bank hereby approved should be finishes/painted in a grey colour and be retained thereafter.

Reason: In the interests of the visual amenities of the area.

C 3. During the construction/demolition of the tanks the measures outlined within the Environmental Appraisal Assessment to be implemented to control the risk of spillage shall be fully adhered to.

Reason: To ensure appropriate measures are in place to prevent any pollution into the nearby river/watercourse.

This application has been recommended for approval for the following reason. It is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and Area Plan for the East as it would not have a significant impact upon private or public amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 10.05.2021.

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Interested Person Status - Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:

Flood Management Division (DOI) __

Officer’s Report

1.0 APPLICATION SITE 1.1 The application site is the curtilage of the Power Station, Pulrose Road, Douglas which is a significant building/complex and site located on the corner plot, with Pulrose Road to the south and Groves Road to the west. The River Douglas is to the east of the boundary.

1.2 Within the site there are two main buildings, one (western side of site) is the older building on the site which still accommodates diesel generators, while the eastern building is the new building (has large amounts of glazing to the eastern elevation) which accommodates two gas turbines. The main chimney stack is located between the two buildings. There are also other ancillary buildings to the north of these two main buildings as well as two bulk fuel storage tanks which are sizeable in size. There was a third bulk fuel storage tank; however, this was recently removed.

2.0 THE PROPOSAL 2.1 The application seek approval for the removal of an existing bulk fuel storage tank and installation of a new bulk fuel storage tank on site of a previously decommissioned tank. The new tank would reuse the exiting concrete plinth which until recent times accommodated a bulk fuel storage tank (tank 1), albeit was removed. The works would result in a total of two tanks on site (as there are today) (tank 1 & tank 2).

2.2 The bulk fuel storage tank is 12.8m in height with a diameter of 12.3m. 2.3 The applicants state: "The scope of the design work relates to the decommission and removal of one existing fuel storage tank and the installation of a new replacement storage tank sited on the concrete base of a previously decommissioned and removed tank also located within the existing concrete bund. All works are designed with the purpose of allowing the MUA to continue with their operations on the site as a statutory services provider on the Island.

One of the existing tanks is 50 years old and due a major refurbishment in 2023. It is more cost effective to now undertake the installation of a new tank on the concrete base of the former no 1 tank which meet modern standards and decommission the existing tank (no.3) rather than undertaking the refurbishment work.

The remaining Tank (no 2), which is to be retained, has previously undergone a full refurbishment and upgrade.

Existing parking and access to the site is to remain unchanged.

The proposed replacement tank will be approximately the same size as the tanks currently on site."

3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous applications; however, none are considered relevant in the determination of this application.

4.0 DEVELOPMENT PLAN POLICIES

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4.1 In terms of local plan policy, the site falls within an area of "Industrial' under the Area Plan for the East. The site is not within a Conservation Area. 4.2 General Policy 2 states; "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality". (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;

4.3 Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

4.4 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

5.0 REPRESENTATIONS 5.1 Douglas Borough Council do not object (21.05.2021).

5.2 The Department of Infrastructure Highway Services comment (18.05.2021): "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking." 5.3 Inland Fisheries (DEFA) comment (04.06.2021): "This planning application has been checked by Fisheries Officers. I can confirm that DEFA Fisheries have no concerns in relation to this development from a fisheries perspective. This is due to the nature of the works being conducted on existing concrete bases which will not cause harm to aquatic life."

5.4 Flood Risk Management Division (DOI) do not oppose (07.06.2021).

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this current planning application are: (i) Principle of the proposed facility in this location (General Policy 2 b &c); (ii) Potential visual impact upon the area; (iii) Potential impact upon ecology/river; and (iv) The impact of the tank on the residential amenity.

(i) Principle of the proposed facility

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                                      21/00487/B                                     Page  4  of  6

6.2 The area is zoned for industrial use, and is located in the centre of the power station complex. The proposal would replace and formerly demolished tank with one of similar size. The proposal raise no concerns; and is clearly required for the operation of the power station. The removal of tank 3 raise no concern.

(ii) Potential visual impact upon the area 6.3 As with the existing tanks, given the size of the main power station buildings and the chimney stack, the tanks are subordinate features within the site and generally go unnoticed, even given their substantial size. The new tank would be located adjacent to the main power station building, while the tank to be demolished is located furthest away from the main power station building. Accordingly, this is likely to reduce the appearance of built development on the site. Overall, while the size of the tank is large; it is considered given it siting close to the main buildings and other buildings/tank within the site; the proposal would not have a significant impact to warrant a refusal.

(iii) Potential impact upon ecology/river/pollution 6.4 An schemes which includes the storage of bulk fuels have the risk of potential leaks etc into watercourses/rivers etc. Inland Fisheries have considered the scheme and raised no objection. The applicants on this matter comment within their Environmental Appraisal Assessment that: "The existing tanks are situated in a concrete reinforced bund, with a concrete floor. The bund is sealed and has a rainwater handing system incorporating oil separation and detection, which has been designed to prevent oil from entering the watercourse or drains, in the eventuality of an operational incident, component failure or tank failure."

And

"The design specification for the new tank offers significant improvements on the existing 50- year-old tanks, with higher standards for the tank welds, giving a higher factor of safety. The oil leak detection system with its butyl membrane, that is built into the base of the tank, will highlight any seepage of oil through the base and prevent it from entering the ground. The existing concrete reinforced concrete bund meets the 110% capacity requirements to cover the unlikely failure of either of the large tanks. During tank dismantling and construction, the integrity of the bund wall will not be breached, any excavations in the bund floor will be protected and existing water handling systems will be used to handle rainwater."

6.5 Accordingly, there appears to be safeguards in place to ensure adequate protection of rivers/watercourse from spilt/leaks from the fuel tanks.

6.6 In terms of ecology the applicants comment that: "The site is already developed as an industrial zone and the footprint of the new tanks will not exceed the original bunded areas and therefore will not require additional land to be developed. The site does not lie within any designated wildlife areas, nor is it known to support protected species. Wildlife surveys are not planned as part of the works, however, should protected species be found on site during the course of the works, the works will cease, and advice sought from DEFA."

It is considered this assessment is reasonable and the proposal raise no concerns upon the ecology of the area.

(iv) Residential amenity 6.7 In terms of the actual structure of the tank, given the significant ground levels differences of the site and surrounding neighbouring properties (to west), there would be no adverse impacts through loss of light and/or overbearing impacts upon outlooks from residential properties. The sole issues relates to the potential pollution caused to neighbouring properties namely through odours.

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6.8 The applicants indicate that: "Once operational the replacement oil storage tank is not expected to place an additional load on the local air quality. The tanks will contain gasoil which is a high-density fuel and less volatile than other fuels. The replacement tank will be vented, as the existing tanks are. 3

Refilling will be infrequent (every 3-6 months) and will be in small quantities to minimise releases to atmosphere."

And

"Odour nuisance can be caused by volatile chemicals such as fuels oils, however the perceived strength of an odour by a human nose is not directly proportional to the odour concentration as the relationship between concentration and intensity is not linear and depends upon the mixture of odorants. The IoM Government has not published specific odour regulation guidance and although an odour may be deemed to be offensive it may not necessarily constitute a statutory nuisance. The term "offensiveness" comprises of a number of factors including frequency, intensity, duration, relative offensiveness, and location. If it is necessary to establish whether an odour is a statutory nuisance DEFA will provide judgement."

6.9 From the information provided, the Department considers the impact of odours would not be so significant it warrants a refusal.

6.10 The applicants also comment on issues of noise and dust but they consider there would be no significant impacts.

Other Matters 6.11 Given the size of the tank (2500m3 of gasoil liquid fuel) a Building Control application would also be required. This would ensure the structure of the tank is appropriate and fire safety aspects are also considered.

7.0 CONCLUSION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and Area Plan for the East as it would not have a significant impact upon private or public amenities, it is recommended for approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

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8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 07.07.2021

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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