1 October 2004 · Planning Committee at review
Land At The Old Airfield Braust Andreas Isle Of Man
The proposal involved creating a waste processing facility on a 0.06 ha site within the former Andreas Airfield, surrounded by earth bunds 2-3m high, to accept, stockpile, crush, and screen inert construction waste like soil, stone, concrete using a Chieftain 600 Powerscreen on an existing concrete slab.
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Planning Committee initially refused due to noise from concrete crusher likely causing unacceptable detriment to residential amenity at Woodside/Woodcroft Cottages (64 dB measured, 34 dB above backgro…
Waste Policy 1
Requires waste facilities have no unacceptable impact on residential amenity, no adverse effect on woodland/timber, land drainage/water resources. Assessed acceptable with noise/drainage conditions and waste license; objectors cited rural countryside policy tension but industrial precedent on airfield prevailed.
Environment Policy 27
Prohibits development unacceptably harming amenity/environment via noise, dust, pollution, vibration. Noise reports showed compliance possible below nuisance thresholds; dust/pollution deferred to waste license.
Time limit for commencement
The development and use hereby permitted shall be commenced before the expiration of four years from the date of this notice in order for the approval to remain valid after that time.
Approved drawings
This approval relates to drawing no.s 0432/1/1 and 0432/1/2 date stamped the 20th April 2004 and drawing no. 0432/1/3 date stamped the 28th July 2004.
Temporary permission
This approval for the development and use of the site is hereby limited to a period of five years from the date of this notice. After this time, unless further planning approval is granted, the application site must be cleared and returned to its previous state.
Inert waste only
This approval permits the acceptance, crushing and screening of inert waste only. For the avoidance of doubt inert waste is hereby defined as waste which when disposed of in or on land does not undergo any significant physical, chemical or biological transformation and may include soil, clays, sand, stone, brick, concrete, ceramic materials, glass and slate.
Operating hours
No plant or machinery associated to this approval shall operate within the application site before 09:00 on weekdays and Saturdays or after 18:00 on weekdays and Saturdays, or at any time on Sundays or Bank Holidays.
Noise limit
The rating level of noise from the operation of plant and machinery on the application site shall not exceed L(A)eq, 1 hour - 50dB measured at the boundary of Woodside, Woodside Cottage, Woodcroft Cottage or Decca House.
No foul drainage discharge
There must be no discharge of surface water (directly or indirectly) from the development and use to any foul drainage system(s).
No objection subject to controls on dust, noise emissions, and no Sunday use
No objection subject to no surface water to foul drainage and pollution prevention measures
No objection
Department of Transport Drainage Division raised no objection subject to conditions on drainage and pollution prevention; multiple objection letters from local residents David CM Stiles and Mrs W Stiles expressing strong concerns over noise, dust, traffic, drainage, wildlife impact, and industrial proliferation in a rural area.
Key concern: noise, dust, pollution, and drainage impacts on nearby residents, pond, and wildlife
Department of Transport Drainage Division
Conditional No ObjectionThere must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses
Conditions requested: NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); installation of petrol/oil interceptors on the surface water system; appropriate measures such as the installation of petrol/oil interceptors on the surface water system must be taken to ensure compliance with the legislation; comments to be incorporated in the approval notice
Department of Transport Drainage Division
Conditional No ObjectionIt should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any watercourse
Conditions requested: Appropriate measures must be taken by the developer/occupier of this facility to ensure compliance with the legislation; above comments could be included in the schedule of Conditions
David CM Stiles and Mrs W Stiles
ObjectionThe addition of another source of noise, that of a crushing plant is not, we feel, to be encouraged.; We are very worried about the amount of pollution that such a site might generate.
David CM Stiles and Mrs W Stiles
ObjectionAs far as we are concerned, it was not a realistic test.; We ask you to confirm in writing that this surface water will not find its way into our pond.
Conditions requested: confirm in writing that this surface water will not find its way into our pond
David CM Stiles and Mrs W Stiles
ObjectionWho is going to prevent these companies from working just whenever they please?; It goes without saying, that dust would be generated in copious quantities.
David CM Stiles and Mrs W Stiles
ObjectionIt would therefore be something of a paradox to pass the above application following the publication of such an important and far seeing document.
David CM Stiles and Mrs V.M. Stiles
ObjectionWe do not see any request for a plan to be produced to show how the Applicant is going to achieve these aims, this, PRIOR to Planning Permission being granted.
Conditions requested: request for a plan to be produced to show how the Applicant is going to achieve these aims, PRIOR to Planning Permission being granted
The original application for a facility to accept, crush and screen inert construction waste at The Technical Site, former Andreas Airfield, Andreas (ref 04/00807/B) was initially refused by the Planning Committee on 30 September 2004 due to potential noise nuisance to nearby residents, but approved on review on 28 January 2005 following revised Environmental Protection Unit advice and imposition of noise conditions. Mr D Stiles, a nearby resident, appealed the approval, arguing unrealistic noise tests, dust/pollution risks, traffic impacts, wildlife harm, and conflict with the Isle of Man Strategic Plan Waste Policy 1. The applicants (Paul Carey & Sons Ltd) and Planning Committee defended the approval citing industrial context, professional noise assessments, enforceable conditions, and Waste Disposal License controls. Inspector Michael Hurley conducted written representations and a site visit on 11 April 2005, found the site suitable in its industrial setting 250m from nearest homes, accepted the Environmental Protection Unit's noise evidence, deemed conditions adequate, and recommended dismissing the appeal. The appeal was dismissed, upholding the 5-year approval with conditions.
Precedent Value
This appeal demonstrates that in established industrial areas, inspector will prioritise expert technical assessments (e.g. noise measurements) and enforceable conditions/licensing over third-party amenity concerns, provided separation distances exist. Future objectors need robust technical evidence to challenge professional evaluations; applicants should proactively engage consultees.
Inspector: Michael Hurley
