DEC Decision Notice

Burroughs Stewart Associates Mr B Hawke 17A Victoria Street Douglas IM1 2LW

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Manx Utilities, Ref 22/01084/B, for the The construction of a new Sewage Treatment Works in place of the existing works at Crosby Pumping Station Sewage Treatment Works Old Church Road Crosby Isle Of Man IM4 2HA.

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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.

• 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.

• 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

• 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.
• 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.
• 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.
• 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.
• 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
• 9. No Permission is hereby granted for the external illumination of the site, save for emergency lighting. Reason; To prevent any light pollution
• 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 during the works.
• o Identification, careful removal and storage of species-rich turfs for reusing on site following construction. 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 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

NOTE 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.

NOTE 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.

Date of Issue: 20th June 2023

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £335); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.