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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01084/B Applicant : Manx Utilities Proposal The construction of a new Sewage Treatment Works in place of the existing works Site Address Crosby Pumping Station Sewage Treatment Works Old Church Road Crosby Isle Of Man IM4 2HA
Case Officer :
Mr Jason Singleton Photo Taken :
18.05.2023 Site Visit :
18.05.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 25.05.2023
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. Prior to the commencement of development the department requires the submission of a land contamination analysis and results with a sampling location map. This should also identify an excavation plan showing the extents of excavation and how the contaminated materials on site will be managed and disposed of.
REASON: To mitigate the presence of hydrocarbons and asbestos residues in certain areas of the site and appropriate methods of disposal.
C 3. Any works to the watercourse bank and channel are restricted to the period July to September (inclusive).
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk
C 4. Works to the river will be conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA.
Reason: To allow DEFA fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
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C 5. The proposed Tree and hedge planting shall be undertaken on site as per the updated tree planting plan (Drg no. PP-120722) in the nearest planting season following the construction of the new sewage treatment works;
REASON ; To ensure appropriate landscaping on site.
C 6. All of the trees shown to be retained in the Tree Impact Reduction plan (Drg. No TR- 120423) are retained and protected throughout the works.
REASON: Tree protection as identified.
C 7. Within 3 months of commencement on site further off-site mitigation tree planting along the heritage trail (as discussed and previously agreed with the Department and shown in blue on the Tree Impact Reduction Plan shall be implemented and retained in perpetuity.
Reason; Appropriate landscaping on site.
C 8. Prior to the commencement of development, the applicant shall install 6 bat and 6 bird boxes (including 1 barn owl box) are erected on trees around the Crosby STW site prior to the felling of any trees.
Reason; To ensure appropriate nesting habitat for protected species
C 9. No Permission is hereby granted for the external illumination of the site, save for emergency lighting.
Reason; To prevent any light pollution
C 10. No works to take place, including clearance and enabling works and the laying of any pipework, unless a Construction Environmental Management Plan (CEMP) has been provided to the Department and approved in writing.
The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to.
The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o A responsible eradication plan for Wildlife Act 1990 Schedule 8 montbretia, rhododendron and cotoneaster. o Measures to be taken to ensure that the proposals do not result in the degradation and pollution of the River Dhoo, either through direct impact or as a result of run-off entering the watercourse; o Construction exclusion areas and other measures to prevent damage to retained trees, wet ditches and surrounding vegetation. o Pre-felling bat assessments and the soft felling of all trees which were shown to have potential for bats, pre-felling checks on buildings to be removed, as well as measures to be taken should bats be encountered throughout the works. o Construction lighting which adheres to the BCT Guidance on Bats and Artificial Lighting in the UK. o Reasonable Avoidance Measures (RAMs) for nesting birds to ensure they are not harmed by the works - vegetation removal outside of the nesting season, or thorough checks prior to removal. o RAMs for common lizard and common frog to ensure they are not harmed by the works - checks by ecologists following removal of brash or wet ditches, measures to be taken should frogs or lizards be encountered
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during the works. o Identification, careful removal and storage of species-rich turfs for reusing on site following construction.
N 1. Please note, hydrocarbon contaminated soils and construction materials with less than 2.5% contamination can be deposited at Wrights Pit North only, this material is not permitted in Turkeylands, which is an inert landfill. Based on the previous results presented to EPU, Wrights Pit North had been identified as the only disposal location for the hydrocarbon contaminated soils. If the contamination is above 2.5% a transfronteir shipment (TFS) should be applied for, for UK disposal. Further support can be provided in relation to a TFS application. If necessary, please email [email protected].
Disposal of asbestos contaminated materials should also be taken to Wrights Pit North. Appropriate health and safety measures should be taken when excavating this material to protect the workforce and the wider public, who could come into close proximity of the site via the Old Railway Line path.
Please note that in accordance with the Public Health Act 1990 s.71B any person who produces, carries, keeps or processes controlled waste is required to ensure is recovered or disposed of at an appropriately licensed site. - should the waste then end up somewhere illegitimate then we can say they were made aware of their duty of care.
N 2. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange an initial advisory site visit, should the proposal be granted planning approval.
Plans/Drawings/Information;
This decision relates to drawings received on 13 September 2022, referenced;
Planning Statement dated 11/11/20 Environmental Assessment Report dated 19/08/22
50089-BSA-GEN-CR-DR-C-0101 50089-BSA-GEN-CR-DR-C-0105 50089-BSA-GEN-CR-DR-C-0106 50089-BSA-GEN-CR-DR-C-0107 50089-BSA-GEN-CR-DR-C-0130 50089-BSA-GEN-CR-DR-C-0131 50089-BSA-GEN-CR-DR-C-0132 50089-BSA-GEN-CR-DR-C-0133 50089-BSA-GEN-CR-DR-C-0136 50089-BSA-GEN-CR-DR-C-0145
50089-BSA-HDG-CR-DR-C-0500 50089-BSA-HDG-CR-DR-C-0550 50089-BSA-HDG-CR-DR-C-0570
50089-BSA-HFE-CR-DR-C-0300 50089-BSA-HFE-CR-DR-C-0350
50089-BSA-HGN-CR-DR-C-0700 50089-BSA-HGN-CR-DR-C-0720 50089-BSA-HML-CR-DR-C-0701
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50089-BSA-HSC-CR-DR-C-0200
50089-BSA-GEN-CR-RP-C-1 50089-BSA-GEN-CR-RP-C-2 50089-BSA-GEN-CR-RP-C-3 50089-BSA-GEN-CR-RP-C-4 50089-BSA-GEN-CR-RP-C-5 50089-BSA-GEN-CR-RP-C-6 50089-BSA-GEN-CR-RP-C-7
Additional drawings and supporting information received on 30th January 2023, referenced; OTP260123 PP120722 Tree planting report
Amended drawings and supporting tree information received on 18th April 2023, referenced; Arboricultural Impact Assessment dated 26/12/22 Client and Developer Guidance TR-120423 __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Forestry Inland Fisheries Environmental Protection Unit Biodiveristy MUA Sewerage Manx National Heritage DoI Flood Risk Management
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy.
Also the late receipt of comment was relative to visual impact and their proximity did not extend to including them for party status
Lightwood 4 Keeil Pharick Glen Vine. __
Officer’s Report
THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS ACCOMPANIED BY AN ENVIRONMENTAL STATEMENT AND IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The application site is the existing Crosby Sewage Treatment Works situated just south of the village and consisting of two filtration beds and tanks with an outfall to the River Dhoo which runs along the southern boundary of the site.
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1.2 The site measurers approx. 125 metres long (west to east) and on average about 30 metres wide (north to south). It has vehicular access to Old Church Lane to the west via an area used for domestic recycling containers. The site is broadly surrounded by mature trees and secured on its boundaries with metal fencing and security gates for MUA access only for the removal of sludge and for maintenance to the existing sewer treatment works.
1.3 The surrounding character has the River Dhoo running along the southern boundary of the site beyond which there is open farmland that raises up to the south. Old Church Lane is to the west with an Ellerslie (DoI) depot the road to the west. To the northwest is the village playing field and the Heritage Trail, a former railway line, that's runs from Peel to Douglas past the northern boundary of the site. Beyond this public trail is a detached 80's style bungalow 'Close Jairg Beg' that is the nearest residential neighbour.
2.0 THE PROPOSAL 2.1 Proposed is a phased replacement of the existing Crosby and Glen Vine Sewage Treatment Works (STW) with a modern STW system at Crosby alone. Throughout the construction period the existing treatment works will remain fully operational and is intended to be demolished and site made good upon completion.
2.2 The new STW are proposed to be located within the confines of the site and would see the replacement of the existing process infrastructure with Integrated Rotating Biological Contactors (IRBC) process units and a control kiosk.
2.3 The proposed treatment process is to include sewage screening, lift pumps, three Integral Rotating Biological Contactors (IRBCs) and a storm water storage tank. The new STW will have the provision of odour control equipment.
2.4 The application also includes visibility and turning improvements to the highway entrance to the STW and the improvement of the Department of Infrastructure Waste Management Unit's recycling facility.
2.5 The agent notes that the Glen Vine and the Crosby Sewage Treatment Works are at the end of their respective operational lives and a scheme of improvements is required to meet the more stringent discharge standards to the River Dhoo set by the Department of Environment Food and Agriculture (DEFA), in particular for ammonia levels and for the projected increase in the population of the drainage catchment areas. In addition, the existing Crosby wastewater process becomes overloaded during rainfall events and is subject to inundation with flood waters from the River Dhoo. "The new system will provide more efficient treatment of the wastewater, in line with current industry regulations. The resulting outfall into the River Dhoo will be of a better effluent quality than the existing process provides...particularly with respect to Ammonia, providing environmental benefits".
2.6 A number of Technical Reports are provided to support the application: o Bat Roost Risk Assessment o Arboricultural Assessment o Environmental Assessment o Cultural heritage assessment o Preliminary Ecological Appraisal Report o Flood Risk Assessment
2.7 The Flood Risk Assessment with hydraulic modelling which can be summarised as follows; o The proposed development is free from flooding for both 30 year and 100 year design events. During a 100 year CC event the western extent of the 39.7mAD02 hardstanding is flooded by depths below 0.1m.
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o The site is still flooded by the flow route south over the heritage trail and east over Old Church Road, although the 41mAD02 wall prevents water entering the WWTW area from the north.
o Flood depths along Church Road make access and aggress to the site via the proposed access road unsafe during the 100 year CC event. If remote operation of the WWTW is possible this would omit the need to access the site during a flood event. The access road could be realigned southwards within the south boundary towards shallower flood depths of Old Church Road.
o The development has a minimal impact on in-channel water levels as the flood risk associated with the existing site results mostly from flood waters from Crosby Beck and upstream from Old Church Road bridge on the River Dhoo.
o Surface water flood depths observed for the existing site suggest that a WWTW design that meets the 100 year CC fluvial standard of protection should also protect the new WWTW from a surface water event of a similar magnitude.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site lies within an area on the Area Plan for the East (2020) as not for any particular use on Map 10 'Crosby and Glen Vine'. The site sits outside of the settlement boundary and is further identified on the;
o Constraints (Map 1) - White land
o Landscape Assessment Area (Map 2) - C3 - "Broad Lowland Valley"
3.2 The site is not within a Conservation Area
3.3 The site is identified at a "High Likelihood" of surface water flooding on the DoI flood risk maps.
3.4 There are no registered trees or groups of registered trees on site. However to the north of the site and north of the trail path (former railway line) is an area designated as a 'Wildlife Site' ref; 3378/001 with no public access.
3.5 With the Witten statement accompanying the plans, the Landscape category D3 is referenced at para 4.7.7 Union Mills, Glen Vine & Crosby. The landscape character areas here notes; "Conserve and enhance: a) the character, quality and distinctiveness of the well-treed valley with some scattered and nucleated settlements. Key Views - Open views up to the Northern Uplands and the upper slopes of Foxdale in places. Glimpsed views in the East towards the urban edge of Douglas". The overriding theme is the protection of the countryside with its rural character and open views.
3.6 Utilities Proposal 5 - Water supply, sewerage and drainage "Intention - To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet community needs and protect the natural environment. This shall be taken to represent a policy statement on Utilities in the East".
3.7 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources
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2 Priority for new development to identified towns and villages 4b Protection of the landscape and biodiversity 5 Design and positive contribution to environment
Spatial Policy 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations (a-n) 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 3 Protection of Trees and woodland 4 Wildlife and Nature Conservation 7 Protection of existing watercourses 10 Need for flooding risk assessment and mitigation 13 Presumption against development with unacceptable risk of flooding 22 Protection of the wider environment and properties through nuisances 23 Pollution sensitive improvements to existing facilities 24 Requirement for an EIA 26 Development on contaminated land 40 Disturbance to Ancient Monuments 41 Archaeological evaluations on site
Waste Policy 1 Consideration for waste management facilities
Other material Considerations; 3.8 Residential Design Guide (2021) This document provides detailed advice including sustainable development and climate change resilience, design of new houses and extensions to existing residential properties as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
3.9 Isle Of Man Future Energy Scenarios (2020), in which the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following: "Key Targets - To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050."
3.10 Climate Change Act 2021 - sets out the legal requirement; "to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes".
3.11 Climate change plan 2022-2027 - Statutory document for climate change which seeks to reduce greenhouse gasses across the Island to become a carbon neutral Island by 2050 and meet interim targets of a 35% reduction in emissions by 2030 and 45% by 2035 and is expected to affect various economic, social and environmental factors.
4.0 PLANNING HISTORY 4.1 The site has not been subject to any previous planning applications.
5.0 REPRESENTATIONS (this report only contain summaries of the latest comments noted on the amended plans - Full reps can be reads online)
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5.1 Marown Commissioners (21/10/22) commented with no objection but sought clarity on the capacity of the units and if the design could accommodate any future expansion of the catchment area as noted in TAPE. On amended plans (20/02/23) reiterate the above and this time remain to object with regard to concerns on the size of the units and whether there is capacity for future expansion of the area, unless further clarification is received.
5.2 Highways Services (01.02.23) do not object but seeks conditions for; a) Site access and internal layout to accord with Drawing 50089-BSA-GEN-CR-DR-C-0101 rev P5.0 b) Visibility splays to accord with Drawing 50089-BSA-HGN-CR-DR-C-0720 rev P4.0 c) Surface water drainage d) CEMP.
5.3 DoI - Flood Risk Management commented 05/10/22 - "FRM would like to see the results of modelling for effects to the properties upstream of the proposed site as a result of flood mitigations in particular Ellerslie Engineering Works". On receipt of a Flood Risk assessment (16/02/23) Do Not Object.
5.4 Manx National Heritage (12/10/22) concerned if there is any loss of habitat and seeks an alternative site is found.
5.5 DEFA - Forestry (13/01/23) initially sought to object regarding;
On the amended plans and the submission of an amended Tree plan, tree planting plan and Planting proposals, Forestry have not commented at the time of writing.
5.6 DEFA - Inland Fisheries (18/10/23) & (20/02/23) supports but requires a condition that securers a completed 'Development within 9m of a water course'
5.7 DEFA - Environmental Protection Unit (19/10/22) supports the application and seeks additional information regarding the need for a discharge license, notes the presence of asbestos and hydrocarbon contaminated soils on site and requires mitigation to remove this as noted in the BSA report;
5.8 DEFA - Biodiversity (20/10/22) Objected on account of the removal of trees and loss of habitat. On the receipt of amended plans (24/04/23) commented to support the application subject to conditions to protect;
Tree and hedge planting is undertaken on site as per the updated tree planting plan (Drg no. PP-120722) in the nearest planting season following the construction of the new sewage treatment works;
All of the trees shown to be retained in the Tree Impact Reduction plan (Drg. No TR 120423) are retained and protected throughout the works.
An agreement is secured for further off-site mitigation tree planting along the heritage trail (as discussed and agreed with the Do and shown in blue on the Tree Impact Reduction Plan);
6 bat and 6 bird boxes (including 1 barn owl box) are erected on trees around the Crosby STW site prior to the felling of any trees;
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No external lighting to be installed, apart from emergency lighting;
No works to take place, including clearance and enabling works and the laying of any pipework, unless a Construction Environmental Management Plan (CEMP) has been provided to Planning and approved in writing. The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures:
o A responsible eradication plan for Wildlife Act 1990 Schedule 8 montbretia, rhododendron and cotoneaster.
o Measures to be taken to ensure that the proposals do not result in the degradation and pollution of the River Dhoo, either through direct impact or as a result of run-off entering the watercourse;
o Construction exclusion areas and other measures to prevent damage to retained trees, wet ditches and surrounding vegetation.
o Pre-felling bat assessments and the soft felling of all trees which were shown to have potential for bats, pre-felling checks on buildings to be removed, as well as measures to be taken should bats be encountered throughout the works.
o Construction lighting which adheres to the BCT Guidance on Bats and Artificial Lighting in the UK.
o Reasonable Avoidance Measures (RAMs) for nesting birds to ensure they are not harmed by the works - vegetation removal outside of the nesting season, or thorough checks prior to removal.
o RAMs for common lizard and common frog to ensure they are not harmed by the works
o Identification, careful removal and storage of species-rich turfs for reusing on site following construction.
5.9 Manx Utility (Sewerage) (05 01/23) submitted a flood risk Assessment and hydraulically modelling plan. (06/01/23) In response to Marown Commissioners comments and reason to object the applicants provided the following reasons; "For clarification, the capacity of the installation has taken into consideration "errors" approved by Tynwald, and have factored a future population growth to approximately 1,480 residents. There is also possibility of expansion of the treatment process, if necessary, within the site Boundaries".
5.10 There has not been any neighbouring comments received.
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are; i- Principle of development ii- Design & Visual impact iii- Neighbouring amenity iv- EIA/ Ecology and Trees v- Statutory Nuisance vi- Highway Safety
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i. Principle 6.1 Generally development within the countryside that sits outside of any defined villages or settlements is strictly controlled to through Strategic Policy 2 that seeks to limit further development to existing towns and villages and for development in the countryside links to GP3. The site and that of the existing sewer treatment works literally just falls outside of a defined settlement boundary of Crosby and sits within the open countryside which is not designated for any development.
6.2 Therefore, when assessed against the current policies of the Strategic plan, regard must be given to the reasonableness of the scale and siting of the proposed development within this defined curtilage of the existing treatment plant and whether site in view of their subsequent visual impacts on the character of the area and whether there is any wider impact upon the countryside (Ep1). This is further echoed through TAPE (written statement) in Utilities Policy 5 for Water supply, sewerage and drainage services that efficiently and effectively meet community needs and protect the natural environment.
6.3 General Policy 3(e) and its supporting text do include the provision for; "location dependant in connection with...the provision of necessary services". In terms of a replacement for the existing, it would demonstrate and effective use of the land, or even previously developed land, without spreading out any further into the surrounding countryside as sought through SP1a which is a supportive approach.
6.4 Whilst an exception to the general policy against development in the countryside can be found within GP3(e), as is in this case, this must be carefully assessed whether on balance of the competing planning policies noted above, the proposals must not detract from the amenities of the countryside in such a way which helps preserve the rural character. The strategic plan is clear at para 7.4.1 "In cases where development cannot is not capable of being sensitively and unobtrusively integrated into the landscape, permission will not be granted". As such a balance has to be struck but the broad principle of a replacement sewer treatment works on this site would be acceptable in accordance with Sp2 & GP3e.
ii. Design and visual impact 6.5 A new Sewage Treatment Works (STW) is proposed, located on the existing STW site at Crosby. This proposal will involve removing of the existing infrastructure and construction of three Integrated Rotating Biological Contactors (IRBC). The proposal will be housed within the existing site boundary. The treatment process will also include sewage screening, lift pumps and an underground storm storage tank. The new STW will benefit from the provision of odour control equipment. It is noted that throughout the construction period the existing treatment works is to remain fully operational and will be filled in when the replacement comes into operation and landscaped appropriately..
6.6 The existing use of the site has two tanks, generally submerged with the tops being at ground level, and arguably a low profile appearance. By contrast this proposal and a more modern method of foul water treatment and has a design that would have a greater footprint and increased appearance on site but essentially would be used for the same purpose and not introducing anything new or a new activity to the site. It has to be noted that two thirds of the larger elements of the proposal (IRBC tanks) would be below ground.
6.7 The design and size is borne out of function and necessity for the catchment area and is contained within the confines of the current operating area of the site, whilst the overall visual impact would be increased, partially due to the increase of ground level, the highest part would be higher than the boundary fencing adjacent to the former railway line. However this is only single pieces of equipment and not an overall massing of built development. The top of the IRBC tanks and the motor control kiosk would be the prominent features on site and these have intentionally been coloured green to help mitigate any visual appearance.
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6.8 In terms of visual impact, when compared to the existing it would be different in the appearance, however not that different that would see the introduction of an incongruous feature. Arguably given the surrounding topography, the STW would only really be apparent from those users of the PROW on the old railway line and here its appearance would be read within the context of the site for that specific purpose of waste water treatment and landscaped appropriately.
6.9 The proposal would be secured by perimeter fencing and landscaped accordingly to help mitigate any visual amenity and to offset for the loss of trees as noted below. As such the proposal would be limited to the defined site of the existing STW area at the bottom of a natural valley which has limited public views that area heavily screened by the natural topography ensuring there is no detrimental impact to the wider character of the rural area or would be seen to be contrary to EP1.
iii. Neighbouring Amenity 6.10 The site sits remote in the landscape with considerable distance to the nearest neighbours, as such there are no immediate neighbours that are considered to be impacted by the proposed development. As such, these aspects would be considered to be compliant with those sections of General Policy 2(g) and the Residential Design Guide 2021.
iv. EA/ Ecology / trees 6.11 A statutory EIA with Environmental Statement (ES) is not proposed as the development is not likely to have significant effect on the environment. However, an Environmental Assessment has been completed and has identified the key environmental issues being addressed thematically below:
Biodiversity; 6.12 In terms of ecology on site, references are made to the decommissioning of the STW and the construction of the replacement and proposed landscaping measurers. The ES and the supporting reports from the PEAR and Manx Wildlife Trusts on 'Ecology assessment' find no reasons to object to this proposal. The agent notes in their summary that; "It is not anticipated that the decommissioning or construction of the replacement STW will involve a significant loss of habitat or overall biodiversity... and only general enhancements for biodiversity are suggested to help in improving the overall value for biodiversity of the STW at Crosby".
6.13 The biodiversity officer has assessed the above documents and their comments are noted in para 5.8 and on the amended plans following further consultation. As such they now do not object but seek a number of conditions to ensure the desired outcome and mitigation measures are achieved as listed in para 5.8. As such the proposal is not considered to have any adverse impact and where there are deemed to be contentious areas, these can be overcome through the CEMP as discussed below in 'construction'.
Trees; 6.14 An Arboricultural survey has been completed. The proposal will require the removal of 1no category A tree; 6no category B trees; 20no category C trees; 1no category B tree group and 1no category C tree group in order to facilitate the proposal. The applicant notes that these trees cannot realistically be retained due to the position of the proposed excavation, structures and works access.
6.15 Also submitted in support of the application (and to address concerns on the loss of trees) is an (amended) Tree protection plan with construction exclusion zones and protective fencing around those trees to be retained; a comprehensive landscaping plan that proposed a mixture of 9 species planting trees (Oak, hazel Rowan & Field Maple; Manx native hedging in a single row of hawthorn and blackthorn. These plans are accompanied with a written statement for the hedge and tree proposals that details the types and size of trees to be planted and their aftercare and maintenance.
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6.16 The comments from the forestry department are helpful in understanding the overall impact given the significant loss and as they don't object given the health and type of trees. Whilst there initial objection on tree loss is acknowledged, and given a number of trees are to be felled irrespective of this application due to their health, the proposed replacement planting would be acceptable and is noted (in lack of forestry's amended comments) biodiversity who commented on the amended plans accept the proposals.
6.17 On balance, this aspect of the proposal would be acceptable and the replacement landscaping would be appropriate for this site without having a negative impact upon its visual impact and once matured would help to conceal the site and would help provide a habitat for ecology.
Water Environment 6.18 A Flood Risk Assessment has been completed with hydraulic modelling and identified from the data set that the site is currently identified at risk of flooding as shown on the DoI flood risk map. The proposed development has demonstrated that the site would be free of flooding for both 30-year and 100-year design events give the raising of the ground level. There remains residual flood risk through a flow route south over the heritage trail and east over Old Church Road. It is noted that the MUA would have remote operation of the STW and that would omit the need to access the site during a flood event and further reduce any residual flood risk.
6.19 The development has a minimal impact on in-channel water levels as the flood risk associated with the existing site results mostly from floodwaters from Crosby Beck and upstream from Old Church Road bridge on the river Dhoo. The agent notes that; "Surface water flood depths observed for the existing site suggest that a STW design that meets the 100-year CC fluvial standard of protection should also protect the new STW from a surface water event of a similar magnitude". On balance the proposal would be acceptable and is noted in the Environmental Assessment that the design should protect the STW from any flooding.
Archaeology and Heritage Appraisal. 6.20 This Archaeology and Heritage Appraisal has been prepared to identify the potential impacts on archaeological remains that may arise on site. The appraisal has been undertaken with consultation of the Isle of Man Historic Environment Record (HER). A site visit by JBA personnel, online historic mapping, site investigation trial pit logs and secondary sources have also been utilised in the preparation of this report.
6.21 The results of this appraisal suggest that there is a low potential for sub-surface archaeological remains within the development site. The report concludes that; "Due to the low potential of further heritage assets being encountered or disturbed during the proposed works, further evaluation or monitoring prior to, or during the works is deemed unnecessary". This aspect of the proposal would be compliant with Ep40 and Ep41 in terms of archaeological findings on site or heritage assets in the area.
Construction 6.22 The Contractor will be required to prepare a Construction Environmental Management Plan (CEMP) to describe site activities and mitigation activities to manage any adverse impacts during the construction phase. Prior to the commencement the CEMP would be available for approval by the planning authority with consultations with other department of the Isle of Man Government being included. The CEMP would integrate the agreed conditions from the planning approval.
6.23 The CEMP will ensure that environmental impacts identified within this report, will be properly managed and that controls will be put in place to reduce the impacts of the development on the natural and human environment during the construction phase. A CEMP will help ensure that construction work considers aspects of environmental protection within the context of compliance with relevant Isle of Man legislation and conditioned accordingly.
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Ground contamination 6.24 The comments from the Environmental Protection Unit in para 5.7 are noted and the presence of asbestos and Hydrocarbons on the site would need to be disposed of appropriately as an approved waste facility on Island. As such this element of demolition/ excavation and removal from site is more concerned with the implementation and site works of the proposal and can be addressed through a condition. It is also noted in section 7.9 of the EA that this aspect of ground contaminates ins acknowledged and identified a small pocked of the ground was encountered with hydro-carbons being present, mainly on the hardstanding where vehicles have been parked over the years and leaked onto the ground. The report notes; "Liaison with DEFA Environmental Protection Unit confirmed that the tests conducted for the Crosby site is considered to be non-hazardous under the waste acceptance criteria".
v. Nuisance. 6.25 In terms of any environmental impact from the proposal and statutory nuisances through, noise, vibration, odour, lighting, traffic and ground contamination. The EA report notes that the proposed design of the STW would be acceptable and has been design t conform to the relevant British Standards to prevent any statutory nuisance that would ensure the proposal meets the requirement to EP22 where the STW would not have an unacceptable harm to the environment or to the nearby properties.
vi. Highway Safety 6.26 The improvements to the entrance from Old Church Road will also benefit the Waste Management Unit and the DOI collection vehicles for the recycling bins and will have improved access / egress to the site. In this application, Highway Services have considered the merits of the proposal, access to and from the site from the highway noting the proposed visibility splays, as well as parking and highway safety. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be considered to align with the principles of General Policy 2h&I in terms of highways safety.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the proposed redevelopment of the site for a replacement STW would accord with the aforementioned pertinent policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with a number of conditions.
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 o whether there are other persons to those listed above who should be given Interested Person Status. __
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 19.06.2023
Signed : J SINGLETON Presenting Officer
Further to the decision of the Committee an additional person required their IPS to be defined (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 19.06.2023
Application No 22/01084/B Applicant Manx Utilities Proposal The construction of a new Sewage Treatment Works in place of the existing works Site Address Crosby Pumping Station Sewage Treatment Works Old Church Road Crosby Isle Of Man IM4 2HA Senior Planning Officer Mr Jason Singleton Presenting Officer As above Addendum to the Officer Report
The receipt of comment was relative to the visual impact and their proximity did not extend to including them for party status
Lightwood 4 Keeil Pharick Glen Vine.
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