SOC DEFA Planning Officer Report

Planning Statement Statement on behalf of the Planning Authority relative to: Restoration of quarry by infill Billown Quarry Foxdale Road Ballasalla Isle Of Man PA Reference 22/00922/B Prepared on behalf of the Planning Authority by Principal Planner Miss Abigail Morgan Department of Environment Food and Agriculture, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 ## The Site

1.1 The application site is encompasses Billown Quarry, which is an operational limestone quarry to the west of Foxdale Road and to the north-east of Cross Four Ways. The site comprises the operational quarry, associated yard area and the consented extension - 1.2 The quarry consists of an existing material processing area which is completed landfilled quarry area closest to Foxdale Road (the A3). There is an asphalt processing plant in this area which produces asphalt products primarily for the private road building market. The main constituent of the asphalt is limestone aggregate quarried from the contemporary mining areas to the west. Whilst some limestone aggregate goes to asphalt production, the crushed limestone from Billown Quarry is also used as roadstone, concrete aggregate, agricultural limestone and for other specialist uses. - 1.3 Access from quarry is from the A3, apx 150m to the norths of the junction with the A7 at Cross Four Ways.

1.0 Surroundings - 2.1 The site is located to the west of the A3 Foxdale Road and to the north of the A7 Douglas Road. Lying within largely agricultural land in the open countryside, it is located approximately 1km to the west of Ballasalla, 1.2km to the east of Ballabeg, and 2km to the north of Castletown.

2.2 On the southern side, the application site is bounded by an agricultural field, which contains a standing stone, a prominent landmark of archaeological significance. There is also farmland to the north and west. - 2.3 The A7 meets the A3 at Cross Four-Ways southeast of the site and it is around this junction that most of the nearby houses are located. These dwellings are around 400 metres or more from the quarry areas proposed to be infilled in this application. There are isolated houses closer to the quarry along the A3 and bigger houses slightly further away to the south (Malew House) and to the south west (Billown Mansion). - 2.4 There are no protective designations or restrictions on the quarry with the nearest Registered Building being Malew Church half a mile to the south with the nearest Registered Trees on the edge of Ballasalla to the east and at Billown Mansion to the southwest. To the south, former mineral workings have been made an Area of Special Scientific Interest. A public right of way (265) runs north to south along the west of the quarry and is the subject of a diversion order, this was agreed as part of the 2018 approval. There is no proposal to reinstate the original route.

3.0 Proposed Development 3.1 The application seeks;

• • Reinstatement and restoration of the quarry void with inert waste, through the following means;

• o Continued regrading and placement of overburden; and
• o Importation of inert waste, which is to be sorted/processing in the existing processing yard.

• • Importation of waste, processing and onward sale of recycle aggregates
• • Phase 1 is to refill the quarry with predominantly on-site quarry waste for the first 15 years with a lower additional level of inert waste input (with hard material sorted out in

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the processing area first). Approximately 1/3 of imported materials will be recycled Then when the western extension of the quarry is finished;

• • Phase 2 will be to import by lorry greater volumes of inert waste, normally soils, rock and inert demolition materials, sort out the hard material for recycling as secondary aggregate (estimated to be about one third of waste arrivals) and the remainder to be tipped into the quarry.
• • Restoration of the void to broadly its previous landform with the potential for a return to agricultural use when complete.

3.2 To do this, it is calculated that 1.1 million cubic metres (1.65 million tonnes) of material will be required to fill the end void areas (existing capacity 780,000m3 and consented extension) importing at a rate of 30,000tpa (20,000tpa to go to the restoration and 10,000 to be sold on this is in addition to the current extract which is estimated to be around 50,000tpa) in Phase 1 rising to 75,000tpa (50,000tpa to go to fill) in Phase 2.

The landfilling operations are projected to last 42 to 43 years overall. The operations would be controlled by a Waste Disposal Licence.

3.3 No change is proposed to quarry operation hours which are 0700 to 1800 Monday to Friday and 0700 to 1300 on Saturdays for processing and until 1630 on Saturday for deliveries. No change is proposed to the access to the site. - 3.4 Existing site operations, such as user of bowser during dry periods, road cleaning/sweeping as required etc.

3.4 This application would also address the requirements of conditions imposed under 03/01981/B and 18/00161/B which required suitable restoration (including profiles at each stage and final form), any environmental impacts and should take account of the need to preserve access to potential future supplies of hard rock. - 3.5 Planning approval 18/00161/B was granted subject to the following condition;

The development hereby permitted shall proceed in three phases as shown in figures 3.1-3.3 of the EIA Report recivedon 14thFebruary 2018. Initial restoration of the enlarged quarry shall be to the profile show in Figure 3.4 of the EIA report. Work on this stage of the restoration shall proceed during Phase 1 of the development hereby permitted.

Prior to the commencement of Phase 3, a planning application for the full restoration of the enlarged quarry, to a condition suitable for the resumption of agricultural use, must be submitted to and approved by the Department. The application must include;

Details of the materials to be deposited; The profiles to be achieved at each stage; The means of controlling the impact of the restoration works on the environment and on residential amenity and final form of landscaping. It must also take account of the need to preserve access to potential future supplies of hard rock.

The full restoration work, as approved, shall begin after the completion of Phase 3 of the development hereby permitted and shall be completed in accordance with the approved progamme.

3.5 A scoping exercise was carried out with the Authority prior to the submission of this application and on this basis an Environmental Impact Assessment (dated July 2022) has been prepared and submitted with this application which includes the information below.

• Section 1 – introduction setting out application, legislative context and approach taken.

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• o Section 2 – Background to the Proposal, describes the requirement for restoration of the site and current waste policy in the Isle of Man, examining the site history and describing the area of the proposal including its geology and then also considers alternatives to this proposal.
• o Section 3 – The Proposed Development, describes the main stages of the proposed development.
• o Section 4 – Planning and Development Framework, presents a review of the Development Plan, including relevant planning policies.
• o Section 5 – Scoping, summarises the scoping process.
• o Sections 6, 7, and 8 – consider the areas of potential impacts, describing the existing situation and the potential effects that could result from the development in the absence of mitigation. Mitigation measures and their effectiveness are examined and residual impacts following mitigation are discussed. An assessment of these residual impacts is made by comparing them to known and accepted quantified standards.
• o Section 9 – concludes the EIA Report by summarising the main findings from each of the issues examined and compares the different positive and negative impacts of the proposal.

3.6 Environmental management and monitoring In light of the finding of the EIA;

• • No additional mitigation is proposed in relation to highways, including access and monitoring and cleaning/road sweeping
• • No additional mitigation is proposed in relation to dust suppression.
• • No additional mitigation is proposed in relation to geology, hydrology and hydrogeology.
• • Further details of the final form of landscaping and associated features will need to be considered prior to the completion of the landfill operations.

4.0 Planning History

4.1 The yard area at Billown was backfilled from about 1975, as a local government tip. Modern day quarry development for the western quarry areas at Billown received initial planning permission in October 1992 (PA91/4078). Final infill of the current yard area was undertaken in 1995 as part of the new Billown quarry development.

96/00019/A - Approval in principle for offices associated to the quarry, Billown Quarry, Billown, Malew (Refused)

96/01445/B - Erection of two storey office accommodation with associated parking and reopening of previous road access, Billown Quarry, Billown – approved

99/01988/B – Erection of Portakabins to create workshops and stores – approved April 2000 01/00309/B - Installation of replacement bitumen coating plant with associated tanks, hoppers, conveyors and access road – approved July 2001

03/01981/B - Extension to limestone quarry and relocation of stone processing operations (approved May 2004) – this permission effectively modernised the consent for quarrying operations on the current application site

16/00952/B - Erection of cabins to provide additional office accommodation at The Grounds of Broom House, Billown Quarry, Foxdale Road, Ballasalla - approved

18/00161/B - Extension to Existing Quarry was approved on 09/08/18.

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18/01193/B – Infilling of quarry and restoration of grassland – approved July 2019 (area of land adjacent to this application site)

22/00138/B – Replacement site office – approved April 2022 22/00140/B – Erection of a replacement dust shed – approved April 2022 March 2011 – A restoration scheme was prepared and consulted on without an application being made.

5.0 Development Plan Policies - 5.1 The site lies within the remit of The Area Plan for the South 2013 and the Isle of Man Strategic Plan 2016. The site is not designated for development other than being recognised in The Area Plan for the South constraints plan as a Minerals Extraction Site. The plan shows the location of Billown Quarry and in Chapter 9 of the Written Statement (paragraph 9.34) notes that it is an active quarry and paragraph 9.4.1 provides for options for restoration including infill for a suitable after-use. - 5.2 The site 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. - 5.3 The following policies of the Strategic Plan are relevant:

• Strategic Policy 1 – Best use of land
• Strategic Policy 2 and General Policy 3(e) – Settlement boundaries and allows for minerals development to be permitted in the countryside Strategic Policy 4 - Protection of landscape quality, natural and heritage assets Strategic Policy 10 – Sustainable transport / highway safety

• General Policy 2 - Development considerations, including local amenity
• General Policy 3 - restrictions on development in the countryside other than in certain circumstances, including, "development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative";

• Environment Policy 1 – protection of countryside - no development that would adversely affect the countryside unless overriding national need and no alternatives
• Environment Policy 2 - Protection of Landscape Environment Policy 4 - Biodiversity Protection

Environment Policy 7 and 8 – Protection of the water courses, wetlands and general water environment

Environment Policy 10/11/12 – Flood risk Environment Policy 14 – Best and most versatile farmland Environment Policy 21/22/23 - Development not accepted where unacceptable impact in terms of air or water pollution, vibration, odour or noise Environment Policy 24 – Environmental Impact Assessment Environment Policy 27 – Land reclamation Business Policy 1 – Employment growth Transport Policy 4 – Existing highway capacity

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• Transport Policy 7 - Parking Provision
• Transport Policy 8 – Major Development requires Transport Assessment Infrastructure Policy 5 - Water Conservation Waste Planning Policy

Policy 1: Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling, or recovery or materials from waste will be permitted provided that:

• (a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy;
• (b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby;
• (c) there would be no unacceptable adverse effect on:

• i. landscapes, geology/geomorphology and features of special interest or attraction;
• ii. Ancient Monuments or their settings;
• iii. Registered Buildings or their settings, or features of architectural importance;
• iv. the character and appearance of Conservation Areas;
• v. sites of archaeological interest;
• vi. sites containing species or habitats of international, national or local importance;
• vii. land drainage and water resources;
• viii. areas of woodland or the Island’s timber resources; or
• ix. designated National Heritage Areas.

• (d) the proposal is acceptable in terms of access arrangements and highway safety;
• (e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping;
• (f) the proposal does not sterilize other significant mineral deposits; and that
• (g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike.

Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations or facilities referred to in this Policy will require the submission of an Environmental Impact Assessment.

5.4 Waste Strategy (2018) – is silent on the disposal of inert waste such as soils, but promotes the waste hierarchy where landfill is the least favoured option. In general, landfill is acknowledged to be inevitable for certain waste streams. - 5.5 Waste Regulation Landfill Policy (March 2023) – sets down the environmental protection criteria for regulation of landfill subject to a Waste Disposal Licence (WDL) or Direction to ensure controlled waste is managed in ways which protect the environment and human health.

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6.0 Representations - 6.1 Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.2 Malew Commissioners (October 2022_– supports the aim of the development, but has concerns about increased traffic through Ballasalla village. - 6.3 Department of Infrastructure Highway Services (September 2022) – state that there will be no significant negative highway impact. - 6.4 Manx Natural Heritage (September 2022) – support the development and seek restoration of the land on completion to calcareous habit by adding lime to the top soil. - 6.5 DEFA Minerals (November 2022) – Billown is an important limestone provider and no future minerals should be sterilized by landfill restoration activities, for example future quarry extensions should not be prejudiced and the ‘toe’ of stone required to separate landfill and quarrying should not be lost if possible. - 6.6 DEFA Biodiversity (March 2023) have no issues with the proposals for the quarry infill, but encourage the applicant to consider the implementation of biodiversity net gain measures when undertaking the restoration, in collaboration with the Manx Wildlife Trust who they are already in collaboration with in regards to the their Broom House Quarry infilling operations. We can also confirm that though the work is to take place within 100m of Rosehill Quarry, Billown Area of Special Scientific Interest, we do not believe that there will be adverse impacts upon this statutorily protected site. - 6.7 Environmental Protection Unit (Feb and March 2023) has no objection to the application for landfill and have no reason to think that a waste disposal licence would not likely to be issued and state the following;

There is no requirement to comply with groundwater environmental protection standards of the EC Groundwater Directive (80/68/EEC) as this is not applicable in the Island. Groundwater Waste Disposal Licence or Direction environmental quality standards will be determined on the basis of risk of pollution of surface waters including rivers and coastal waters.

Whilst in the UK current environmental protection standards require pre-treatment of waste, waste management plans and duty in relation to waste hierarchy i.e. prevention programmes, reuse, recycling and recovery of waste before disposal to landfill will be permitted; given the absence of such policies in the Isle of Man the standards proposed relate just to environmental protection of human health and the environment. These other matters require to be determined through the Isle of Man Waste Strategy which is currently the responsibility of the DoI.

Further comments were provided in relation to Waste Policy 1 of the Strategic Plan and Appendix 3 of the Waste Strategy that it would be appropriate for the DOI to provide comments and that in accordance with the Public Health act 1990 s.59(3) a Waste Disposal Licence will only be issued if the operator can demonstrate there is no risk of pollution of water or danger to public health.

6.8 DOI Waste Management (March 2023) – do not wish to submit comments. - 6.9 No further comments received at the time of writing the report.

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7.0 Assessment - 7.1 It is considered that the main issues are:

• • Principle of Development (including need)
• • Principle of use of inert materials (Waste Policy 1)
• • Visual, Amenity and Environmental Impact
• • Highways

7.2 Principle of Development (including need)

• 7.2.1 The proposals are for restoration of Billown Quarry envisaged (but not designed) in the 2003 and 2018 approved proposals for limestone extraction and associated works. Both applications stated that the quarry would be filled with inert waste in two phases. The first phase using on-site materials such as overburden and waste stone from existing operations, the second phase by the importation of inert waste materials.
• 7.2.2 The programme of infilling operations in this application is laid out for the next 42 years with a further year for restoration of land to farmland.

• 7.3.3 It should be noted that these proposals are not entirely new, an infill proposal was informally discussed around a decade ago. It has always been projected that the quarry would not be left in its excavated state and that the land would be filled and engineered to be returned to farmland. The information provided in the EIA states that the proposed final landform and land use is reflected in a covenant between the applicant and the landowner, while this would not be a planning consideration, stating it will revert back to agriculture.
• 7.4.4 Limestone quarry operations remain active and moving west on the site into the 2018 permitted western extension with the first blast into that area recently taking place. The restoration timeline is in two phases, phase 1 for at least 15 years will incorporate both the continued extraction and start of the infill with predominantly the placement of overburden to create the cell liner, totalling 43 years and therefore these plans are being laid out over long periods of time.
• 7.5.5 To facilitate this that proposals also include importing inert waste and sorting that waste for recycling where possible. For example, hard material will be removed, sorted and crushed to grade in the existing processing area. Such works are very similar to the existing quarry operations on the site.

7.3 Principle of Inert Landfill

• 7.3.1 Waste proposals are addressed in Waste Policy 1 of the Isle of Man Strategic Plan. In the first instance, the policy requirement seeks an acknowledgement that there is a need identified in the Waste Management Strategy (2018). However, with regards inert waste disposal, the 2018 Waste Management Strategy is silent on landfill streams but acknowledges a need for provision of strategic landfill void space.
• 7.3.2 It has always been envisaged that Billown Quarry will be restored using inert waste material. There is no preclusion of inert waste landfill restoration in the 2018 Waste Management Strategy and there are good recycling and landscape restoration reasons to enable the applicant to take, sort and recycle inert waste before restoring the quarry with the remaining material.
• 7.3.3 As such, it is consideration that there is a need for inert landfill capacity which could be met at this specific location and the first criteria of Waste Policy 1 is met. Much of the relevant information in relation to the following can be found in the EIA.

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• 7.3.4 Waste Policy 1 then requires visual amenity and landscapes to be protected. By restoring the deep quarry to its original landform, the rural landscape will be naturalised and enhanced. Therefore visual amenity and the character of the rural landscape will be improved in accordance with Policy.
• 7.3.5 Waste Policy 1 requires that dust, noise and vibration levels do not harm local amenity. Noise and vibration levels will be low and within the operational profile that already exist on site with the quarrying and rock processing operations. With the moving of soils, especially in dry weather, there will be the possibility of dust being generated. Whilst this is unlikely to adversely impact local residents due to the separation distances involved, it is considered necessary for a dust management strategy to be applied by planning condition, similar to the condition that which already exists for the quarry operations.
• 7.3.6 The Policy also requires protection of Conservation Areas, Registered Buildings and Ancient Monuments, none of which are affected by these proposals. It seeks the protection of woodlands, protected habitats and species, but as is explained later in this report, the landfilling areas are operational quarry workings which are of low habitat value and are not woodland or timber assets.
• 7.3.7 Waste Policy 1 seeks consideration of land drainage and hydrology and this is the primary assessment made in the applicant’s Environmental Impact Assessment. The consideration of how the water environment will be affected is assessed in the Hydrology section of this report.
• 7.3.8 All new waste development is required to be acceptable in terms of access and highway safety. The Department of Infrastructure have been consulted and state that they do not consider the highway implications to be unacceptable. This issue is assessed in the Highways section of this report.
• 7.3.9 In the case of landfill sites, Waste Policy 1 requires that there is a phased scheme of restoration and landscaping, both of which will be required by planning condition. The general premise of restoring the land to agriculture in a land profile similar to the previous landform is considered acceptable. The surrounding farmland is the highest Grade 1 and 2 classifications and is therefore some of the most versatile farmland on the Isle of Man. As such, the surrounding land is likely to remain in productive agricultural use in the future and therefore restoring the quarry to farmland is the most in keeping response to local land uses. While it is intended to return the land to agricultural use, it is not clear from the information submitted what grade this would be.
• 7.3.10 Waste Policy 1 protects air safety around the airport, however inert waste does not create air safety issues such as bird strikes.
• 7.3.11 Landfill is required to avoid sterilizing significant mineral deposits such as any future limestone around Billown Quarry. The applicant has demonstrated that the landfill can be separated from quarry working areas by a rock bund which will act as the toe of landfilling operation. Section 2.5.3 of the Environmental Impact Assessment Report (EIA) dated July 2022, addresses the alternative methods of site working and the potential for future mineral extraction.
• 7.3.12 The 5,000 cubic metres of stone contained in the separation bund toe is a relatively small scale of stone when compared to the 600,000 tonnes of stone available in the quarry consents. Although concerns about sterilization of limestone reserves have been raised by DEFA, there is no evidence that any significant amounts of stone will be lost due to infilling, which is an inevitable part of the quarrying process in the case of Billown. Even if the landfill restoration is complete, this does not sterilise the limestone resources nearby, which can still be dug down to. The viability of extracting those limestone reserves will be a commercial decision for the quarry company.

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• 7.3.13 The landfill process is to backfill with existing inert waste into excavated areas of the quarry, physically screened from the western quarry extension working areas. This is projected to last 15 years as Phase 1. If any further minerals are considered viable for extraction, this work programme can be amended through a further application.
• 7.3.14 DEFA Minerals Officers in their consultation response state that quarrying in the western extension must be completed before waste operations move in and that is the proposal on the table by the applicant. As such it is considered that the proposals do not present a risk of sterilising limestone minerals and the supply of important minerals on the Isle of Man is secure. The potential loss of a 5000 or 6000 cubic metres of limestone in the toe bund is not considered a significant impact on the supply of limestone on the Island.
• 7.3.15 As a whole, the restoration of Billown Quarry by landfilling with inert waste is the optimum planning policy requirement for the land which has been in the pipeline for two decades. Sorting waste and recycling hard material is a sustainable method of processing the waste. The proposals accord with the requirements of Waste Policy 1. It will provide an additional recycling and disposal facility for inert waste and will enhance and restore the character of the countryside and the landfilling will not sterilize minerals still in the ground.
• 7.3.16 For all these reasons, the proposals accord with Waste Policy 1 of the Isle of Man Strategic Plan 2016.

7.4 Visual, Amenity and Environmental Impact 7.4.1 Landscape Impact and Restoration

• 7.4.1.1 At a local level, the landscape impact of the current quarry excavation is relatively low due to the workings being concealed from local roads and residential properties by the natural topography and vegetation. Nonetheless, the quarry is visible from the public right of way running through the west of the site and some other elements of this footpath, which has a medium sensitivity to change.
• 7.4.1.2 The quarry void is a sizeable scar in the landscape and its restoration to farmland and natural habitat will reduce its landscape impact. The application site is in ‘incised farmland’ in landscape character area D14, Ballamodha, Earystane and St Mark’s. A visual impact assessment as part of the EIA considers the visual impact of changes has been carried out with the significance of the effects normally being ‘none’ and occasionally ‘negligible’.
• 7.4.1.3 The need for landscape restoration of the quarry is highlighted by the Inspector considering the 2003 application for quarry workings and again in 2018. Restoration to the original landform and farming is considered the best option for the land with the lowest landscape and environmental footprint and in line with landscape character area D14. There will be moderate beneficial landscape effects of this restoration according to the applicant and this is agreed with.
• 7.4.1.4 The substantial challenge will be the lengthy process of restoring the topsoils to a productive agricultural quality (it is unlikely that Class 1 or 2 farmland can be achieved). Topsoils do not store well when stripped back from the land and become anaerobic. Restoring their organic qualities takes time and careful management and as such are best controlled by the implementation of a farm restoration scheme, controlled by planning condition, although the land Grade of the finished aftercare programme will be pragmatically applied through the scheme itself. Manx Natural Heritage request that lime could be added to the topsoil to create a calcareous habitat. It is possible to consult them when the farmland restoration is taking form in future decades as this is likely to 40 years in the future. This could be dealt with by condition.
• 7.4.1.5 The same method applies to the planting schedule and locations of hedgerows and trees. Given that over 4 decades of landfilling will be required before restoration and

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landscaping takes place, it is prudent that such details are required closer to completion of landfilling by planning condition.

• 7.4.2 Hydrology, hydrogeology

• 7.4.2.1 In terms of the water environment, this is the most sensitive environmental element of the proposals. The applicant’s EIA scoping matrix concludes that landfilling could have a medium potential impact on the water environment; the environmental factor with the highest potential impact as a result of this development.
• 7.4.2.2 Groundwater and surface water from the site runs through the quarry to two minor catchments before combining and running to the River Dumb and flowing South West to the Irish Sea via Maddrell’s Bridge. Dewatering at the quarry is run from a pump before water is sent via a ditch towards ornamental ponds at Billown Mansion before the water flows onwards as described above.
• 7.4.2.3 In the EIA, the impacts of landfilling the quarry have been identified as:

• • Emissions due to flushing of groundwater and rain through the inert waste
• • Particulate matter and sediment causing impacts on watercourses
• • On site contamination from plant and machinery

• 7.4.2.4 Surface waters such as rainwater are collected in a sump or catch ditches to allow particulate settlement during the course of landfilling. Any pumped water is then clear of particulates before it reaches the wider drainage network. All other waters percolate down into the groundwater.
• 7.4.2.5 Ultimately, the site will be totally reclaimed by landfilling and water will percolate through and run off the surface of the site, similar to how it once did before excavation took place. The EIA concludes that there is essentially no risk of particulates getting into surface water run off when the site is complete due to the natural process of percolation and ground filtration. With a substantial thickness of underlying waste material, effectively the entire void acts as a soakaway with a very large volume. As such the increased risk of flooding on site or off site is negligible.
• 7.4.2.6 There are no wells or extraction points in the area surrounding the development and no vulnerable aquifers. No additional particulates should be generated from the landfilling, a planning condition will ensure that the only wastes being landfilled are inert and therefore the only potential pollutants are oils or fuels from the machinery doing the landfilling work. The applicant has proposed a series of measures to control accidental and emergency site spillages from such machinery. This can be controlled by planning condition.
• 7.4.2.7 Overall, the risk of fuels, oils or particulates reaching local watercourses or the wider water environment is negligible and can be reinforced by applying planning conditions to control spills. The drainage capacity of the land is such that the risk of flooding from the development is also negligible. The accuracy of this assessment can be backed up by monitoring imposed by the Waste Management Licence that will be required for this landfill operation.
• 7.4.2.8 The proposals accord with the drainage policies of the Isle of Man Strategic Plan and the requirements of Waste Policy 1 of the same document.

• 7.4.3 Noise, Dust and Light Pollution

7.4.3.1 In terms of noise, the operations around the landfill void are remote from residential properties and involve ground engineering machinery similar to the extraction activities, but without explosive works. The noise of lorries going to and from the quarry already exists and is

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acceptable in planning terms. In totality, there is no further need to control noise generated by these proposals.

• 7.4.3.2 There are no proposals for outdoor lighting as part of the landfill operations or restoration and the operational hours are generally within daylight hours. Floodlighting could have the potential for landscape impacts and therefore a condition will be applied that any lighting activities be controlled by planning condition.
• 7.4.3.3 Waste arriving at the quarry will normally pass through the current processing area and may be sorted and separated at that stage. This action in itself can create dust in drier conditions and dust can drift long distances in windy conditions. For this reason, the proposal is required to agree a dust management plan which can be agreed with prior to operations commencing. This will enable good site management to be applied and any complaints or issues tackled promptly by officers and site managers.
• 7.4.4 Ecology and Trees

• 7.4.4.1 The proposals involve the utilisation of an existing working yard for the arrival of inert waste and a modern operational quarry for the landfilling of hard waste. Being an operational quarry, the walls and floor of the quarry are being actively worked by large machinery, which is noisy, vibrating and disturbing. As a result, the quarry is not a high quality habitat for protected species.
• 7.4.4.2 The operations to fill the void over time will be in an area of low ecological interest and providing normal legal norms are applied, for example not disturbing nesting birds during the nesting season, then the proposals will accord with Environment Policy 4 of the Isle of Man Strategic Plan.
• 7.4.4.3 In terms of trees, no mature trees or vegetation have colonised the quarry since extraction. There are no woodlands on the application area and no timber operations nearby.
• 7.4.4.4 The final form of the landscaping of the future farmland has not been provided at this stage. It is worth bearing in mind that the works are projected to be completed around 2066 and that the landscape standards and approach may be different at that date. As such, conditions requiring a landscape scheme and a farmland restoration scheme are considered appropriate with a submission date of prior to completion of landfilling operations.
• 7.5 Traffic and Access

• 7.5.1 The Transport Assessment in the EIA outlines the predicted movements of HGVs delivering inert waste to the site. Predictions are necessary because precise numbers of vehicles are dependent on market conditions for waste.
• 7.5.2 Phase 1 (the first 15 years) generates 20 additional movements per day, although backloads using existing quarry stone-carrying lorries may reduce those trip rates. This trip rate includes the recycling of secondary aggregate from the inert wastes.
• 7.5.3 Phase 2 (post 15 years) generates 50 additional movements per day, but this must be framed in the light of the excavation work potentially having ceased. If quarrying is still taking place, backloads on aggregate lorries are likely, thus reducing trip rates.
• 7.5.4 Put in context, the quarrying permission in 2018 predicted 52 HGV movements per day and submission arguments in 2018 stated that local road capacity of 100 trips a day would be acceptable.
• 7.5.5 In terms of the direction from where waste will arrive, the applicant predicts 55-60% from the east, 25% from the south, 10% from the north and 10% from the west. Numerically, the applicant predicts that at Cross Four Ways that the maximum increase in traffic would be 2

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movements in the peak hour (0700 to 0800), equating to a volume increase of less than 1% in overall traffic volumes at this junction.

• 7.5.6 Highways states in their consultation response that there will be no significant negative impact on highway safety or network functionality. They anticipate variations in lorry movements between the landfill sites over the years. However, Malew Commissioners are extremely concerned about increased traffic movements through Ballasalla village. The Commissioners seek control of HGVs through Ballasalla by the DOI.
• 7.5.7 Analysis of the data suggests that the HGV pattern will be similar to the current vehicle activity, with the usual peaks and troughs that happen on working sites. This appears to be the view of the DOI Highway Engineers who do not suggest further analysis or objections are raised. In relation to HGV restrictions on local roads, given that quarry lorries are already in motion, the Commissioners are advised to seek the advice of the DOI directly.
• 7.5.8 It is considered that the highway impact of infilling the quarry is acceptable and similar to current patterns of movement. The proposals accord with highway safety and capacity policy such as Transport Policy 4 of the Isle of Man Strategic Plan.

8.0 Conclusion - 8.1 The restoration of Billown Quarry to previous land levels using inert waste has been the long term understanding of how the land would be completed. Planning conditions in the 2003 and 2018 applications for limestone quarrying require a further planning application to restore the site. This is that planning application. - 8.2 In applying a planning balance, the lack of viable alternatives for using the quarry as anything other than landfill followed by farmland is a material starting point for this consideration. The proposals are considered to provide a significant landscape improvement, providing a regulated site for the disposal of inert waste where there is a need for such facilities as confirmed in the national Waste Strategy. The finished proposals create very low impacts on local residential amenity, groundwater, drainage and flood risk, little to no impact on trees and protected ecology. - 8.3 Anticipated HGV traffic levels will increase but will be similar to existing quarry patterns of movement and whilst HGV vehicle movements are rarely preferred, Highways do not raise objections and although variations in vehicle flows are expected to arise it is considered they will only have a net minimal impact as works progress and movements are altered throughout the phases. - 8.4 Against the proposals, landfilling is the least preferable option in the waste hierarchy, but this is counterbalanced by the fact that inert wastes are difficult to eliminate where built development is occurring. The recycling of hard material from the inert deliveries is a positive measure to utilise any value from the waste. The level of mineral sterilization is very minor with the potential loss of around 5,000 cubic metres of limestone material which is considered a low volume overall and future mineral expansion areas to the quarry will not be sterilized. - 8.5 It has always been envisaged that some form of ground engineering will be the future restoration of Billown Quarry and with few alternatives identified by either the applicant or authority, the most sustainable option is for landfill restoration. The landscape and environmental benefits of the proposal far outweighs the relatively minor negative elements of the scheme. - 8.6 There are no significant objections to the proposals and conditions can be applied to regulate operations over the life of the works to the final farmland restoration. The proposals accord with the Policies of the Isle of Man Strategic Plan 2016 (particularly WP1) and the directives of the Isle of Man Waste Management Strategy 2018 and no other material factors indicate otherwise.

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Appendix A – Recommended Conditions and Reason for Approval

Documents This decision relates to the following information, received 22nd July 2022:

• • Application Form which confirms full approval being sought for operational development (e.g. involving building or engineering works)
• • Environmental Impact Assessment Report and NTS (dated July 2022)
• • 01 Site Location Plan
• • 02 Minerals Context Plan
• • 03.1 Site layout Plan
• • 03.2 Intermediate Infill Design
• • 03.3 Proposed Final Infill Design
• • 03.4 Cross Sections
• • 04 Restoration Masterplan
• • 07 Hydrological Sub Catchments

Reason for Approval: There is an accepted need for the infilling of the existing and currently approved quarry and its restoration to agriculture through its planning history. No significant environmental, amenity or health concerns have been raised. The site is an existing and established site with existing void space, which is a considered an asset. It is not considered that the proposed use of inert waste would result in any additional/unacceptable impacts nor would, in itself, result in a sterilisation of any existing minerals if carefully managed. It is noted that there are aspirations to increase the legislation around environmental protection and that whilst the current proposal would not meet these, improvements could be implemented via the WDL.

Conditions Statutory, Time Limits and other Controls

• 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 processing and recycling hereby approved as part of the restoration landfill shall only take place on the blue area as shown on 04 Restoration Masterplan received 22 July 2022.

Reason: the development is approved as an exception to the normal presumption against development in the countryside as it relates to quarrying and associated restoration.

• C3. Subject to and unless required by the other conditions in this notice, the development hereby permitted shall proceed in two phases as set out in Section 3 of the Environmental Impact Assessment (dated July 2022) and the landform in each completed phase and surface restoration shall be carried out in accordance with the approved plans;

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• • 03.2 Intermediate Infill Design
• • 03.3 Proposed Final Infill Design
• • 03.4 Cross Sections
• • 04 Restoration Masterplan

Reason: To ensure that the development takes place in accordance with the approved details.

C 4 The total amount of waste tipped at the site in Phase 1 (first 15 years ) shall be no more than 20,000 tonnes per annum and in Phase 2 (years 15-48) no more than 50,000 tonnes per annum.

Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details.

C5 Subject to the other conditions in this notice, no waste shall be deposited at the site other than inert waste as specified in the application and the Environmental Impact Assessment dated July 2022.

Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details. The introduction of new waste streams would necessitate a fresh planning consideration of the need for the site and the methods of working.

C6 Within 42 years of the approval becoming final the importation of waste to the site shall cease and within one year after that date the final restoration works for returning land to agricultural use shall be finished.

All equipment, plant, buildings and fencing (subject to any other conditions of this approval) shall be removed from the site and its locality by the end of year 43.

Reason: To control the overall life of the landfill and to ensure that the site is restored in a timely manner.

C7 No re-extraction of mining waste or other material already deposited at the site shall take place, except where this is required to assist in securing the stability of quarry slopes and the integrity of adjoining land for restoration.

Reason: To define the terms of the permission and secure the effective use of materials at the site.

C8 No later than the 31st December 2038 (end of year of Phase 1) details shall be submitted to and approved in writing by the Department of the contours of the site, rate of filling since first operation and projected fill rate for Phase 2.

In the event that the projected fill rate will not result in the approved contours being achieved, the details shall include a lower level restoration scheme or an alternative

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method for achieving the contours proposed, and the site shall be restored in accordance with the approved scheme.

Reason: To ensure that details of tipping rates are provided and in the event that an alternative restoration scheme is required, that details are provided in a timely manner to avoid either unnecessary delays to the restoration of the site or the unnecessary importation of virgin aggregates to the site.

Physical Environment, Landscaping and trees

C9 Within 10 years of the date of this approval details of the a final landscape masterplan shall be submitted to the Department for approval showing/including the following;

• • Final depth of top soil, including any details of required soil stabilisation, proposed methods to avoid compaction i.e. the upper one metre of the restored profile should be replaced using low ground pressure machinery;
• • All the topsoil and subsoil used in restoration should be replaced evenly and sequentially across the site following the final contours of the reinstated land;
• • Details of proposals in relation to the existing and proposed soil bunds and if relevant their disposal;
• • Final landscaping and landcover, including hedgerow field boundaries and tree planting ;
• • Aftercare, management and replacement for a period of at least 10 years; and
• • Monitoring.

All works shall be carried out in accordance with the approval details. Reason: to ensure the satisfactory integration of the site with the adjacent land and features and that the final restoration is suitable for the end use and that any landscaping can establish itself.

C10 Prior to any import of materials a soil (topsoil and subsoil) management plan shall be submitted to the Department for approval showing/including the following;

• • Storage methods and locations for all topsoil and subsoil, including the location, profile and height;
• • Soil handling, cultivation and moving of vehicles or machinery over the topsoil and subsoils material;
• • Proposed methods of movement of topsoil, subsoil and other soil-forming materials; and
• • Proposed measures for minimising risk of compacting sub-soil and damaging the structure of top-soil to be used in the final layer of the restoration scheme.

The details shall be carried out in accordance with the approved details. Reason: to conserve prime quality soils, as an irreplaceable natural resource , to minimise future problems where soil has been poorly managed during the course of collection and storage and to ensure that site are prepared more effectively for future landscaping.

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• C11 No topsoil, subsoil, soil-making materials or overburden originating from within, or imported onto the site shall be removed, except where required for temporary storage on adjacent land within the control of the site operator pending use in restoration.

Reason: To define the terms of the permission and secure the effective use of materials at the site.

• C12 No storage of materials shall take place within 200m of any dwelling.

Reason: In the interests of residential amenity and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B).

Local Amenity

• C13 Reasonable steps shall be taken to minimise the incidence of airborne dust caused by the operations, including the following:

• • Use of a bowser to spray water onto active site areas and site roads, as and when the conditions dictate;
• • The establishment, where appropriate, of vegetation covers on mounds of stored material;
• • The regular cleaning and maintenance of site roads, including those used for access to the public highway;
• • At no time shall operations take place which, despite the use of dust control measures, would give rise to visible air borne dust emissions beyond the boundary of the active quarrying complex. In such circumstances operations that cause dust shall temporarily cease until such time as weather conditions change favourably or dust suppression becomes effective.

Reason: To avoid impacts on amenity arising from dust and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B).

• C14 No water, mud or contaminants shall be permitted to drain, flow or be transferred by vehicle wheels on to the highway.

Reason: In the interests of highway safety and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B)

• C15 The boundary / fences around the site shall be retained until the restoration is finalised unless otherwise required by conditions as set out in this notice.

Reason: In the interests of public safety to prevent access until the site is safely restored.

• C16 Working of the quarry, including the restoration work and use of any machinery by staff, shall be carried out only between 0700 and 1800 hrs Mondays to Fridays and 0700 to 1300 hrs on Saturday.

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Maintenance of plant may be carried out within these hours and between 0700 and 1630 hrs on Saturday and between 0800 and 1630 hrs on a Sunday. There shall be no working outside these hours.

Reason: To accord with the proposed method of working and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B) and to prevent vehicle movements through residential areas on route to the landfill outside of acceptable working hours, in the interests of amenity and highway safety.

• C17 No audible reversing alarms shall be employed on any vehicle on the site, except directional broadband multi frequency alarms.

Reason: to control the noise experienced by those living in residential properties near the site and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B).

• C18 All machinery used in connection with the operations hereby approved, and in any maintenance of the site, shall be equipped with effective silencing or solid sound proofing, to the standard of design set out in the manufacturer’s specification, and shall be maintained in accordance with that specification at all times through the development.

Reason: to minimise the environmental impact of the operation of machinery and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B).

• C19 Noise emitted from the site shall not exceed 55dBLAeq(1hr) (free field) when measure 1m from the façade of any noise sensitive property, except for the removal of soil, and the construction and removal of landscape or baffle mounds, at which time noise from these activities will not exceed 70dBLAeq(1hr) (free field) when measured 1m from the façade of any noise sensitive property.

Reason: to control noise experienced by those living in residential property near the site and to be consistent with the previous conditions for approval for the initially quarry (03/01981/B) and the extension (18/00161/B).

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