DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 21/01551/B Applicant: Mr Adam Young Proposal: Installation of 3 tanks for the storage of chemical, Yara Nutriox. Site Address: Meary Veg Sewage Treatment Works Balnahowe Santon Isle Of Man IM4 1HL Planning Officer: Mrs Vanessa Porter Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 16.05.2022

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.

This application has been recommended for approval for the following reason. The proposal complies with Environment Policy 22 and 24 of the Isle of Man Strategic Plan 2016 and is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 20th December 2021;

• o Location Plan
• o Planning
• o Safety Data Sheet

This decision also relates to the Nutriox Storage Risk Assessment received on the 6th May 2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.

THE APPLICATION SITE

1.1 The application site is within the curtilage of Meary Veg Sewerage Treatment Works, which is situated in Santon. The site comprises the sewage treatment works which are a collection of agricultural-style clad large span buildings, silo-like structures and surface level tanks, associated offices within converted farm buildings and electricity substations, The site is around 430m in length at its longest point and 234m wide. - 1.2 The specific site is situated to the South of the Meary Veg Sewerage Treatment Works between an old drier building and the Technicians workshop. The site used to house 3 diesel storage containers of similar sizing to what is proposed within this application. The previous storage were decommissioned and removed approximately 4 years ago. THE PROPOSAL

2.1 The current planning application seeks approval for the installation of 3 GRP tanks within an existing bund for the storage of Yara Nutriox, which is used in the sewer maintenance to prevent the formation of hydrogen sulphide. - 2.2 The tanks are to measure 3.05m across with a height of 4.34m, which will have a capacity of 30 cubic metres each. The proposed existing bund can carry approximately 52 cubic meters. - 2.3 For information Yara Nutriox is a chemical which is liquid and is composed of Calcium Nitrate Tetrahydrate and water, the MUA use this chemical within their pumping stations to maintain safe levels of Hydrogen Sulphite within the sewerage infrastructure. PLANNING HISTORY

3.1 The sewage treatment facilities were initially approved under PA 99/0845. Subsequent to this, applications have been submitted and approved for the installation of a mezzanine floor and staircase to an existing tractor store (PA 05/0510), installation of an additional cake silo (PA 01/0208), the construction of a concrete base as a foundation for the installation of an oil;/water separation unit (PA 07/0593) and the increase in the height of an existing storage silo (PA 07/1504), erection of a sludge treatment building facility (13/91000/B and 14/00578/B), erection of a detached substation (15/00200/B) and most recently the refurbishment of redundant sludge processing buildings to provide storage, archive and workshop space (18/01175/B). PLANNING POLICY - 4.1 The site lies within an area zoned as "not designated for development" and also within an "Area of Ecological Importance - Draft" on the Area Plan for the East. The site is not within a Conservation Area and whilst parts of Meary Veg are within a Flood Risk Zone, the site itself is not.

- 4.2 AREA PLAN FOR THE EAST

• 4.2.1 When looking at the Area Plan for the East it can be seen within the written statement and attached documents that Meary Veg Sludge Treatment Facility is situated within an landscape character area of D13 and within a Key Asset area, of which the Area Plan for the East states, "7.3.5 The Strategy concludes that the Island's key assets are currently maintained to an appropriate standard and have been designed to withstand future change."

4.3 STATEGIC PLAN

• 4.3.1 Given the nature of the proposal, the most relevant Strategic Policies are Environment Policy 22, which seeks that development will not be permitted where it would unacceptably

harm the environment and Environment Policy 24 (EIA) in connection with Appendix 5 which seeks that Development that is likely to have a significant effect on the environment will be accompanied by either a EIA or by suitable supporting environmental information.

• 4.3.2 These policies are followed by;
• 4.3.3 Strategic Policy 1 which seeks that development make best use of resources,
• 4.3.4 Strategic Policy 4(c) which seeks that development must not cause or lead to unacceptable environmental pollution or disturbance,
• 4.3.5 General Policy 3 states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions,
• 4.3.6 Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances,
• 4.3.7 Environment Policy 4 which seeks that development will not adversely affect wildlife and specially that the Department will seek site specific advice if proposals are brought forward,
• 4.3.8 Environment Policy 5 which seeks that development which is accepted under Environment Policy 4, minimalizes disturbance, conserves and manages ecological interest and where damage is unavoidable, provides new or replacement habitats,

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (20.01.22 & 11.05.22) - 5.3 Santon Commissioners have considered the proposal and whilst they have no objection to the proposal they are worried with the amount capacity that the proposal has and suggest that the height of the bunded wall be increased. (18.02.22) - 5.4 Environmental Protection Officer had written in to state that, the proposal would not impact the current discharge license conditions and that a review of the bund is advisable to ensure it has sufficient capacity. (09.05.22). - 5.5 After a request for clarification the Ecosystem Policy Officer has written in to state that they do not think that the proposal will have an impact upon the remaining habitat. (10.05.22)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle
• - character and appearance
• - EIA/ impact on ecology

- 6.2 PRINCIPLE

• 6.2.1 The site is not designated for development, nor does the proposal meet the expectation criteria in General Policy 3. However, it is necessary to note the past history of the site, in which there is a long standing history of the site being used as a Treatment Works and also in 1995 there was the Santon Head Amendment Order which put Meary Veg zoned as Sewerage Disposal Works and an Area of High Landscape or Coastal Value and Scenic Significance. Whilst it is unsure on why this was not transferred through in the Area Plan for the East, it is deemed that the principle of works in connection to the Treatment Works is acceptable upon this site.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed tanks, it should be noted that there were tanks within this site previously which as the applicant has started were decommissioned around 2018. The area in which the tanks are proposed is surrounded by mature trees and hedging, as such given the fact the area is surrounded by structures and the

• tanks are to be situated upon a site where there were already tanks in place, the impact upon the character and appearance of the area is minimal.
• 6.4 EIA/ IMAPCT ON ECOLOGY

• 6.4.1 Firstly it is necessary to note that the proposed works would require an Environmental Impact Assessment (EIA) as per Environment Policy 24 in connection with Appendix 5 of the Isle of Man Strategic Plan 2016 due to the works being the storage of chemical products.
• 6.4.2 On the fact of it, therefore, it would appear that an EIA would be necessary. Whilst this is the case the information provided within Appendix 5 states that failing a Planning Policy Statement, which the Department has not done yet, the Department will adopt the current practice from England and Wales.
• 6.4.3 The proposed works are not on the list requiring an EIA within England and Wales, whilst this should not instantly mean that an EIA would not be required, representations have been requested from the Departments which would normally be asked for representations, of which none have raised any issues. Add in the fact that the proposed works are within a working sewerage treatment works, where it is understood that the workers would understand how to effectively store and use the chemical in this instance it is deemed that an EIA is not required.
• 6.4.4 Turning towards the land zoning of the site, in which it was zoned as an "Area of Ecological Importance - Draft," clarification was sought from the Ecosystem Policy Officer who states that whilst there might have been a habitat which was there approximately 8-10 years ago little remains now. As such they do not think the proposed tanks would impact of any remaining ecology. It is then deemed that there is nothing within the proposal which would deem refusal on the basis of ecology.

CONCLUSION

7.1 The proposed tanks are to be situated within a site which is already being used as a Sewerage Treatment works and as such an EIA is not required for the reasoning's above and the proposed works are deemed to comply with Environment Policy 22 & 24. 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

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 23.05.2022

Signed : V PORTER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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