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22/00138/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00138/B Applicant : Colas (IOM) Ltd Proposal : Erection of replacement office accommodation cabins Site Address : Billown Quarry Foxdale Road Ballasalla Isle Of Man IM9 3DW
Head of Development Management: Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.04.2022 __
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.
C 2. The development hereby approved shall only be used in conjunction with the wider quarrying and (if necessary) restoration of the site. The development shall be removed from the site within 6 months of the cessation of these activities.
Reason: the development is approved as an exception to the normal presumption against development in the countryside as it relates to quarrying.
C 3. Prior to the commencement of the development hereby approved a tree protection scheme shall be submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes, but is not limited to, details of; a) The location of the trees to be retained and their canopy spreads; b) The location of a 'construction exclusion zone' c) The position of protective fencing and/or other protective measures required to prevent damage to retained trees.
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d) An appropriate specification for the protective measures proposed. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
C 4. No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department, which includes at least 2 heavy standards. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.
Reason: to compensate for the tree loss, to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location.
C 5. Prior to the commencement of the development hereby approved details of nest boxes which are designed and sited so as to be suitable for starlings shall be provided. The nest boxes shall be provided in accordance with the approved details prior to the use of the building hereby approved, and retained a such thereafter.
Reason: To compensate for the loss of nesting bird habitat.
This application has been recommended for approval for the following reason. The proposal is directly related to an active quarry and so complies with Strategic Plan General Policy 3(e). No unacceptable impacts have been identified in relation to visual impact or highways. Although the proposal will result in tree loss, the wider economic benefit of the continued operation of the quarry is considered to outweigh this (subject to compensatory tree planting), noting Strategic Plan paragraph 12.2.1.
Plans/Drawings/Information;
This approval relates to the following documents (received 03.02.2022): o Cover Letter dated 03.02.22 o Letter from Applicant dated 22/09/21 o 2108D/01 Topographical Measured Survey o 21 1579/01 Site & Location Plans o 21 1579/02 Proposed 1:200 Site Plan o 21 1579/03 Proposed Floor Plan & Elevations o 21 1579/04 Proposed Foundation Details o 1 - 15 Site Photographs
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Interested Person Status - Additional Persons
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None __
Officer’s Report
1.0 THE SITE 1.1 Red-line boundary encompasses Billown Quarry, to the West of Foxdale Road, to the North-East of Cross Four Ways. The existing cabin is a single storey flat roof building in green. It is visible from the road although partially screened by existing landscaping.
2.0 THE PROPOSAL 2.1 The new building would comprise a main office with smaller section to West, giving a larger footprint than the existing. The parking would be reconfigured with 7 parking spaces to the South (between the office and the edge of the quarry). The building would be similar to the existing - a simple single storey flat roof utilitarian design with goosewing grey cladding. It would be located adjacent to the weigh bridge and close to the entrance to the site from Foxdale Road, and as per the existing would be partially screened from the road by the topography and existing landscaping.
2.2 The Application Form Indicates: o Full Approval for erection of replacement office accommodation cabins. o The existing and proposed use of the site is office. o Creates 272 sqm of floorspace o No changes proposed to access or number of parking spaces (30) o No changes to site levels or services (rainwater and sewage to existing/proposed soakaways and existing/re-sited septic tank) o Development within 15m of trees/hedges but not within 9 m of a watercourse.
2.3 Applicant's cover letter indicates that: o Current offices onsite for 40 years and in need of refurbishment, which is not viable o New accommodation sits in approximately same area although slightly larger in foot print to allow better facilities o Enhanced landscape will be provided including low-level hedge and some additional trees on site boundary
2.4 The increased footprint of the office will result in the loss of several trees (see consultation responses).
3.0 PLANNING POLICY 3.1 Area Plan for the South shows the location of the quarry and notes its use a such, and that extraction is likely to cease within a few years. Requires restoration of former mineral workings. Site within an area not zoned for any particular purpose. Falls within the Ballamodha, Earystane and St Marks Landscape Character Area - reference to wooded valley bottoms, geometric fields delineated by Manx hedges. Natural Environment Section refers to ASSI, including Rosehill Quarry (to the South of Billown Quarry). Notes some of the most highly graded agricultural land is in the South, around Billown Farm.
3.2 The following policies of the Strategic Plan are relevant: o Strategic Policy 1 - Optimise Re-Use of scare building materials o Strategic Policy 2 and General Policy 3(e) - allow for minerals development to be permitted in the countryside o Strategic Policy 4 - protection of landscape quality and no unacceptable environmental pollution o Strategic Policy 10 - Transport Issues
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o General Policy 2 - general 'Development Control' considerations, including (f), "incorporates where possible existing topography and landscape features, particularly trees and sod banks" o Environment Policy 1 - No development that would adversely affect the countryside unless overriding national need and no alternatives o Environment Policy 3 seeks to protect existing woodland areas o Environment Policy 2 - Protection of Landscape o Environment Policy 4 - Biodiversity Protection o Environment Policy 22 - development not accepted where unacceptable impact in terms of air or water pollution, vibration, odour or noise o Business Policy 1 - encourages growth of employment opportunities o Transport Policy 7 - Parking Provision Community Policy 7 - Designing Out Crime o Community Policy 11 - Preventing Outbreak and Spread of Fire o Infrastructure Policy 5 - Water Conservation o Energy Policy 5 - Provision of Energy Impact Assessment for commercial development of more than 100 sqm o Paragraph 12.2.1 states (in part), "...there is a need to ensure an adequate supply to meet our needs but also to ensure that the environmental impacts caused by mineral exploitation are kept, as far as is practicable, to a minimum".
3.3 Minerals Policy 1 states, in full, "Development involving the winning and working of minerals will be permitted only where it is demonstrated that there is a need for the minerals which cannot be met through the provision of secondary aggregates. Applicants will be required to demonstrate also that; (a) there would be no unacceptable adverse effect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the on site operation itself (including development, maintenance and restoration) or the traffic generated thereby; (b) there would be no unacceptable adverse effect on: i. landscapes and geology/geomorphology features of special interest or attraction; ii. Ancient Monuments or their settings; iii. Registered Buildings or their settings; iv. the character and appearance of a Conservation Areas; v. sites of archaeological interest; vi. sites containing species or habitats of international, national and local importance; vii. land drainage and water resources; and viii. designated National Heritage Areas; (c) the proposal is acceptable in terms of access arrangements and highway safety; (d) working will be in accordance with a phased scheme of restoration and landscaping; and that (e) the proposal does not sterilize other significant mineral deposits. Exceptionally, national need for a particular mineral may warrant setting aside one or more of these constraints.
3.4 MP1 also states, "An Environmental Impact Assessment will be required for applications including the winning and working of minerals".
4.0 PLANNING HISTORY 4.1 There is a contemporary application for a replacement dust shed (PA22/00140/B).
4.2 18/00161/B for Extension to Existing Quarry was approved on 09/08/18 subject to 16 conditions.
4.3 16/00952/B for , "Erection of cabins to provide additional office accommodation at The Grounds Of Broom House Billown Quarry Foxdale Road Ballasalla" was approved subject to 3 conditions - 4 years, remove by 30/09/21 and measures for protection of trees. The Officer's Assessment included,
"6.1 The units are required for a period in the region of five years after which the company will have found alternative premises either in permanent accommodation on the site or elsewhere.
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At present, they have no information on how the company will evolve and where the staff will need to be located. ... 6.4 The existing use of the site includes office accommodation for those associated with the company operating the quarry and as such, the proposed use of the units is compatible with that. It is also relevant that the proposed use is short term and temporary. ... 6.6 The proposal is considered to be acceptable subject to conditions relating to the use and life of the units on site and relating to the tree protection measures".
4.4 The following applications are also noted: o 03/01981/B - Extension to limestone quarry and relocation of stone processing operations o 01/00309/B - Installation of replacement bitumen coating plant with associated tanks, hoppers, conveyors and access road o 99/01988/B - Erection of portacabins to create workshop and stores, o 96/01445/B - Erection of two storey office accommodation with associated parking and re-opening of previous road access, Billown Quarry, Billown, o 96/00019/A - Approval in principle for offices associated to the quarry, Billown Quarry, Billown, Malew (Refused) o 91/04078/B - Extension to limestone quarry, part Field 6800, adjoining Billown Quarry, Foxdale Road, Malew.
5.0 REPRESENTATIONS 5.1 DOI (Highways) - Do not oppose (18.02.22)
5.2 Malew Parish Commissioners - No objections (03.03.22)
5.3 DEFA (Arboriculture) (10.03.22) - objects to this application on the grounds that:
5.4 DEFA (Ecology) (10.03.22) - Support objection from Arboriculture and also request bird boxes to compensate for loss of nesting habitat on the proposed buildings (Eastern or Western elevations)
5.5 DEFA (Minerals) (31.03.22) - Investment in buildings could be seen as assurance of long term mineral extraction on the site, and the output from Billown is important to the demand and supply balance for Indigenous minerals.
5.6 DEFA (Environmental Health) (31.03.22) - Commented on PA21/00138/B but not comments in relation to the office.
5.7 DEFA (EPU) were consulted on 31.03.22 and have not responded, although it is noted that DEFA (Environmental Health) have responded.
6.0 ASSESSMENT 6.1 APPROACH TO ASSESSMENT 6.1.1 It is considered that the main issues are:
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6.1.2 Given the nature of the proposal, as it is related to an existing quarry and not in itself involving quarrying it is considered that MPS1 is of limited relevance, and it is not considered that the proposal requires an EIA.
6.2 PRINCIPLE OF DEVELOPMENT (INCLUDING NEED) 6.2.1 The development is directly related and required for the operation of an active quarry and where the advice from DEFA (Minerals) that the quarry is important for overall supply of minerals. It is considered that the proposal complies with General Policy 3(e) the principle is acceptable subject to a condition linking it's presence on site to the use of the quarry.
6.3 VISUAL IMPACT 6.3.1 The development will be close to a main road and visible from it. Furthermore it is a utilitarian and unattractive building. However, it replaces an existing and similar building. Although larger it is not considered that this will materially increase the visual impact. Furthermore, the building is read within the context of a quarry entrance and is clearly designed for the purpose. It is there considered that the visual impact is acceptable.
6.4 ECOLOGY AND TREES 6.4.1 The concerns raised are noted. The positioning of the office is adjacent to the weighbridge and so operationally appropriate. The loss of trees is unfortunate however must be weighed against the value of the continued operation of the site and on balance are not considered to be a reason for refusal. It is noted that additional landscaping is proposed which would provide an opportunity for compensatory planting. The lack of details of landscaping and tree protection measures is noted and would need to be conditioned.
6.5 HIGHWAYS 6.5.1 The comments from highways are noted and relied upon. In terms of parking the proposals would appear to be an improvement on the existing.
7.0 CONCLUSION 7.1 The proposal is directly related to an active quarry and so complies with strategic Plan General Policy 3(e). No unacceptable impacts have been identified in relation to visual impact or highways. Although the proposal will result in tree loss, the wider economic benefit of the continued operation of the quarry is considered to outweigh this (subject to compensatory tree planting), noting Strategic Plan paragraph 12.2.1.
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
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o whether there are other persons to those listed above who should be given Interested Person Status
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 a Principal Planner 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: 04.04.2022
Determining officer
Signed : A MORGAN Abigail Morgan
Principal Planner
Customer note
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