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The application site represents an area of land to the west of the Glen Helen Road, and to the east of the Staarvey Road, German. Access to the site, which represents Fields 312346 and 312352, is through Glen Helen Farm, Laurel Bank. The area is currently being excavated and is visible within the landscape, particularly from across the valley.
The site is located within an area zoned as High Landscape Value and Scenic Significance in the 1982 Development Plan Order.
The following previous application is considered relevant to this application:
Excavation of steep bank part of field 312346 and 312348 to create level terraced grazing areas finished with top soil and seeded, Fields 312346 and 312348, Laurel Bank Farm, Laurel Bank, St Johns. Approved 12th May 2005.
The application seeks retrospective approval for revisions to the approved field excavations, extension and upgrading of track and the sitting of a temporary compound and levelling with topsoil.
German Parish Commissioners expressed concerns regarding the application and the SPMCE object to the proposal as the proposal interferes with the countryside’s natural contours. Mr Bigland of Ballakilley, St Johns expressed interest in the application. The Department of Transport Highways Division advise that they do not oppose the proposal.
At the time of the previous application (PA 04/02556 refers) the applicant sought approval to excavate a sloping bank to form a series of terraces to allow for the better use for agriculture. DAFF advised at that time that terracing was not generally seen in the Island due to the cost implications, but is considered standard practice in many other parts of the world. It was further considered at that time that once the work was complete, the terracing would blend into the landscape and enhance wildlife. At the time of that decision, the only Condition attached to that approval related to the plans submitted, with no time period or phasing in relation to completion of the works.
Since that time, there have been a number of queries as to whether the proposal was progressing in accordance with the approved plan which culminated in the submission of this retrospective application.
The current application indicates the proposed terracing extending over a larger area with the defined application site and whilst the area defined in red has not been enlarged since the previous application except for the inclusion of a temporary compound and additional track, the impact of the extended terracing must be considered. In addition, a temporary crushing plant is indicated outside the application site, but in an area identified as being within the ownership of the applicant.
A site visit undertaken as part of the consideration of the application indicated a significant level of excavation taking place on site and given the compound and crushing plant, it would appear that the works are tantamount to a quarrying operation. Enquiries with the Department of Trade and Industry indicate that in fact a quarrying licence has been granted.
The licence granted for the site expires in September 2007 (although the applicants agent advised November 2007), and the applicants agent stated in a letter dated 5th February 2007 that “I understand that the work will be completed before that date” although no firm date has been indicated by the applicant.
The work is clearly well advanced, with the majority of the area benefiting from a current planning approval. With regard to the impact on the landscape, the site is visible from across the valley, although not readily visible within the wider landscape. In addition the Department of Transport Highways Division do not object to the proposal and no objections from local residents have been received.
On balance, and having regard to the site history, the proposal is considered to be acceptable, subject to conditions in relation to the timescale of the development, and restoration of the site, which includes the reinstatement of the access tracks and compound area.
Although the applicant's agent was queried as to the applicant's timescale, none has been forthcoming other than with reference to the site licence. It is therefore considered appropriate to grant approval for the excavation works to cease by end September 2007, at which time the site licence expires. In addition, it is considered appropriate to attach a condition that states that within one month of the date of the final decision, a plan must be submitted to indicate the phasing schedule for the restoration works, together with a landscaping scheme.
The following parties who submitted comments are considered to accord with the requirements of Planning Circular 1/06, and are therefore afforded Interested Party Status:
Department of Transport Highways Division German Parish Commissioners German Parish Commissioners
Accordingly, the following applicants are not afforded Interested Party Status:
Mr Bigland, Ballakilley, St Johns.
Recommended Decision: Permitted
Date of Recommendation:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
This approval relates to the plans and information submitted as part of this application and date stamped 17th July 2006.
Within one month of the date of this decision becoming final, the applicant must submit a scheme to the Planning Authority for consideration and approval, indicating the phasing of the reinstatement works to include the access track and excavated area. In addition, a landscaping scheme must be submitted for the reinstated areas must be submitted to the Planning Authority for consideration and approval.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
In detia to tracing, tapay expand, cease and all medley All excavation works on the site must, by end September 2007. Note: For the evidence of doubt the relate to:
Decision Made: ... Committee Meeting Date: ...
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