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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Tel (01624) 685280 Email [email protected]

15th May 2023

Planning Application Ref No: 22/00626/B

Dear Sir /Madam,

THE TOWN AND COUNTRY PLANNING ACT 1999

The Town and Country Planning (Development Procedure) Order 2019

PA No: 22/01472/B Proposal: Refurbishment of the existing spillway at Cringle Impounding Reservoir Address: Cringle Impounding Reservoir, Corlea Road, Ballasalla

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On 4th May 2023 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

Mr Caldric Randall FCCA Interim Chief Executive

Date of Issue: 15th May 2023

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Conditions of Approval

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. The development hereby approved shall not be commenced until details of a 'Construction Environment Management Plan', which details 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, and will need to include at least the following:

• A methodology for the removal, storage and replacement of species rich grass land turfs, and protection measures to be put in place to prevent damage to the surrounding grassland; Reasonable Avoidance Measures (RAMs) for lizards; • Measures to prevent the entrapment of animals; • Measures to prevent the pollution or damage of the Silverburn River and the stilling basin (which has some nice plant populations)". All works carried out during the construction period shall be undertaken strictly in accordance with the approved CEMP.

Reason: To provide adequate safeguards for the ecological species existing on the site.

Yours faithfully,

Andy Johnstone Planning Appeals Administrator On behalf of the Interim Chief Executive

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

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Ref No: DF22/0003 Application No: 22/01472/B

Report on Planning Application

Written Representation Case: Site Inspection held on 23 January 2023

Application by: Manx Utilities Authority (Water Department) for: Refurbishment of the existing spillway at Cringle Impounding Reservoir, Corlea Road, Ballasalla, Isle of Man.

Introduction

1. The application site is owned by the Manx Utilities Authority (MUA) which in turn is sponsored by the Department of Infrastructure. In addition, the Department of Environment, Food and Agriculture, which the Planning Authority is part of, has a vested interest in the site, therefore it falls to be determined by the Council of Ministers under the provisions of section 10(1)(b) of the Town and Country Planning (Development Procedure)(No2) Order 2013.
2. This report provides a brief description of the application site, the surroundings and the proposals; background information and relevant policy and summaries of the written statements by the Planning Authority and MUA (fuller details are available for reference in the case file). My assessment, conclusion and recommendation then follow. The application site and surroundings
3. The application site is the spillway and the land either side that is found to the south of the Cringle reservoir and extends for approximately 90m to the weir. The spillway is characterised with Manx stone walls with quartz stone topping. The land to either side is laid to grass following the natural contours of the land and a timber rail safety fence can be found on either side of the spillway. The bed of the spillway is a stepped concrete slab with random Manx stone which helps dissipate the flow of water. That flow being generated when excess water spills over from the reservoir on its way to the river downstream of the reservoir dam. The proposal
4. The proposed works would refurbish the existing spillway with landscaping to the embankments either side. The works would include the installation of reinforced concrete walls and floor to line the existing spillway, and the installation of a drainage system to collect and dispose of any water from underneath the new structure. New walls either side of the bend would be raised 650mm above the ground. Background information, planning history and relevant policy
5. With the application, a supporting statement provides detailed analysis for the scope of works needed following an engineer's assessment. That identifies the need for the works, a specification of works, engineer's drawings, computer modelling and cross section detailing of the walls and channel. Assessment of the visual impact has been made along with an environmental appraisal, a flood risk assessment, a method statement and reference to all those who have been consulted as part of the process.

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6. The planning history for the site includes the installation of a timber fishing platform in 2018 and the construction of fishing platform and access ramp in 2014.
7. Turning to planning policy, the site lies within an area designated on the Area Plan for the South (2013) as not for any particular use and is further identified on the Constraints (Map 1) - Area of Ecological Importance- Draft and the Landscape Assessment Area (Map 2) - A2 'Uplands'. The overriding theme for the area is the protection of the countryside with its rural character and open views. There are a number of relevant policies of the Isle of Man Strategic Plan 2016 (IOMSP) as follows: General Policy 3 which sets out that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan unless they fall within certain exceptions. Environment Policy 1 which seeks to protect the countryside and its ecology for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements or which is not designated for future development in an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Environment Policy 4 sets out that development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Environment Policy 7 seeks developments to watercourses to comply with a number of criteria and overall that no demonstrable harm would occur. Environment Policy 22 sets out that development would not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties.

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The Planning Authority statement 8. The points made, in summary, are as follows: • The general principle of undertaking repair and refurbishment works to an already existing structure / spillway would, subject to assessment, be aligned with the exceptions given within General Policy 3. • In terms of visual impact, consideration should be had for the impact of the walls that will go from Manx stone to bare concrete and the starkness of the concrete on the walls and the loss of the appearance of the Manx stone wall with Quartz / granite topping and its effect on the rural landscape. However, this is mainly driven to ensure safety of the dam and its operation which would far outweigh any adverse visual impact. • Furthermore, the refurbishment works would only be seen from a distance and the works are essentially below the level of the ground and to the existing spillway. The Quartz topping would remain and essentially a concrete reinforced liner installed. • Comments from the commissioners are noted regarding the handrails but given the proposal is not seeking to increase the width or add any other aspects of built development on site, the overall impact on the wider countryside would be neutral and would align with the principles of EP1. • Some may consider the visual difference harmful. However, if there is an over-riding national need in land use planning terms (as is the case here) that can outweigh the requirement to protect these areas and an exception can be made in accordance with policy in any event. • The proposal would also reinforce a critical part of the reservoirs function and for the safety of those further downstream. A comprehensive analysis has been undertaken and as the scope of works are seen as an improvement to facilitate the flow of water, that is considered not to be any adverse impact upon the water course. Any aspects of pollution or harm to the water course and controlling measures during these works can be addressed. As such this aspect would accord with Policies EP7 and EP22. • In terms of ecology, a Construction Environmental Management Plan (CEMP) as recommended by the Ecosystems Policy Officer would ensure protection of habitats and species. The inclusion of a condition for this would not be unreasonable to add to any approval, especially as a CEMP is also referenced in the applicants planning statement. • The proposed scheme of works would be largely contained to the existing water course spillway and other than landscaping to the sides of the spillway would ensure the works are confined and would not have any detrimental impact upon the wider ecology or to the localised grassland and its species. As such the proposal would also accord with Policy EP4.

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Manx Utilities submissions 9. The points made, in summary, are as follows: • The reservoir spillway is an original 80-year-old structure designed to act as an overflow for the reservoir diverting excess water from the reservoir to the downstream river. Recent inspections have highlighted the poor condition of the spillway and need for refurbishment to mitigate the risk of the structure being undermined during a heavy rainfall or flood event • Stone masonry walls are not recommended any longer for spillways as they cannot withstand high flow rates which may subsequently lead to the failure of the spillway, erosion of the dam. The Cringle reservoir holds over 25,000 cubic metres of water which could impose a threat to life and property in the event of a dam breach. The works are therefore required in the interests of reservoir safety a mandatory requirement as specified by the Water Act 1991. • The refurbishment will require installation of reinforced concrete walls and floor. The design endeavours to minimise the visual change as much as practicable and the existing quartz capping will remain intact wherever possible. • Manx Utilities have consulted with a number of parties with no major objections. The works will take into account the ecological value of the grass surrounding the spillway and the public footpath will be partially closed during the works which are planned for the spring/summer 2023. • In terms of work detail, in order to prevent the water spill at the spillway bend, it's required to raise the wall locally by 0.65 of a metre above the existing wall height, either side of the spillway bend. The raised wall at this location will help contain any water spray and future proof the structure in the event of a more severe flow. To allow the structure to maintain its symmetry, the grounds to the North and South along the high wall sections will be raised to reduce visual impact. The raised wall each end will also be tapered to match the new walls. The length of the wall that will be raised above the current ground level will be approximately 23 metres either side of the spillway. • Various options were considered to minimise the visual impact including rebuilding in stone, or lining the concrete spillway walls with stone, or stone panels, but the spillway must be a robust functional and reliable structure complying with modern standards. The proposal seeks to deliver that and meet those requirements. The new walls will be set against existing ones leaving the quartz stone in its current location. This will provide some resemblance and connection between the old and the new. • Moreover, bringing the spillway up to modern standards should be considered as an overriding national need. It will allow for the safe and robust operation of the spillway and the reservoir for many years to come and will continue to protect lives, properties and livelihoods and maintain the reservoir as a valuable public amenity.

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Other Representations 10. Malew Commissioners do not object but have concerns regarding proposed stainless-steel handrails. Highways Services advise that a partial temporary closure of the Public Right of Way, No 634 is necessary to facilitate the works and contact with the DOI has been initiated over this matter. DoI Flood Risk Management raise no objections, neither does the DEFA Ecosystems Policy Officer. The latter does comment that the grassland around the spillway is of ecological importance and there is potential for lizards in the working area and responsible working methods should be put in place before and during construction, secured by way of condition. The Ecosystem Policy Officer requested a bat survey to be undertaken. That was subsequently carried out and an agreed recommended provision for bats was made, secured by way of condition.

Assessment and conclusions 15. The main consideration is the effect of the refurbishment works on the character and appearance of the area and countryside location. 16. The slipway is an engineered structure surrounded by, and in contrast to, the gently undulating open countryside. When first seen from the road it leads the viewer to question how it came to be and why. Although, given its form one is quickly led to that purpose being water related. Furthermore, when viewed within the context of the reservoir, that function becomes clear and justifies the engineered form in the countryside location. Moreover, it has been a feature for some 80 years and as such is established in the landscape. The proposed refurbishment works should be viewed against that background. 17. In that light, the effect of the works whilst not minimal in themselves would have little effect on the current structure and its impact on the landscape. The works would involve the installation of reinforced concrete walls and floor to line the existing spillway but would, in the main, be below ground level. The height of the walls would remain the same save for a 23-metre section which coincides with the bend in the spillway. 18. I am satisfied that raising the wall here by 0.65 metres above the existing height is necessary to prevent water spill. In addition, the visual effect of the increase in height would be offset by tapering the height to the existing wall and raising the ground either side of the raised section. Alongside that the quartz capping, a feature of the slipway, would be retained where the wall height remains the same. 19. I have some sympathy with the views of the commissioners regarding the inclusion a new stainless steel hand railing and the desire for timber to be used. However, whilst stainless steel rails are uncommon in a countryside setting, the rail would be seen in context with, and as part of, the engineered structure and as such any harm to the countryside location would be minimal. Furthermore, from my site visit and all that I have read it is clear that the slipway plays an important part in the functioning of the reservoir. The refurbishment would ensure that it continues to be fit for purpose. In addition, given the overriding national need for the reservoir to function correctly, policy would allow a degree of harm in any event. 20. For these reasons I find that the proposal would not lead to unacceptable harm to the character and appearance of the countryside location.

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21. Turning to other matters, the works would be of benefit to the watercourse and any effects on pollution or potential harm to it would be managed effectively by Manx Utilities in accordance with a CEMP secured by condition. In turn, the CEMP would also ensure the scope of work is confined such that there would be minimal effect upon the surrounding grassland, protected species and wider ecology.

22. Overall therefore there is little, if anything, to find against the scheme and it would, in my view, be acceptable and of long-term benefit in ensuring the protection of lives and properties downstream. It would also maintain the reservoir as a public amenity, a further benefit.

23. For these reasons there would be no detrimental effect on the character and appearance of the countryside or upon its ecology location area. Thus, the scheme would accord with Policies GP3, EP1, 4, 7 and 22 of the IOMSP as set out above and planning approval ought to be granted for the scheme (subject to conditions). Recommendation.

24. I recommend that planning approval be granted for Refurbishment of the existing spillway at Cringle Impounding Reservoir, Corlea Road, Ballasalla, Isle of Man in accordance with the application dated 16 November 2022 for the reason below and subject to the following conditions: Reason: The proposal is considered to comply with GP3 and Environment Policy 1, 4, 7 and 22 of the Isle of Man Strategic Plan 2016 whereby it would not have any significant impacts upon the rural landscape or its ecology.

Conditions:

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The development hereby approved shall not be commenced until details of a 'Construction Environment Management Plan', which details 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, and will need to include at least the following: • A methodology for the removal, storage and replacement of species rich grass land turfs, and protection measures to be put in place to prevent damage to the surrounding grassland; Reasonable Avoidance Measures (RAMs) for lizards; • Measures to prevent the entrapment of animals; • Measures to prevent the pollution or damage of the Silverburn River and the stilling basin (which has some nice plant populations)". All works carried out during the construction period shall be undertaken strictly in accordance with the approved CEMP.

Reason: To provide adequate safeguards for the ecological species existing on the site.

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Plans/Drawings/Information on which recommendations have been based and upon which any approval should rely.

This decision relates to drawings and supporting information received on 16 November 2022, referenced: CS-ACM-ZZ-XX-DR-CE-2000 - site location CS-ACM-ZZ-XX-DR-CE-2001 - existing site plan CS-ACM-ZZ-XX-DR-CE-2003

existing sections CS-ACM-ZZ-XX-DR-CE- 2004 - proposed plan CS-ACM-ZZ-XX-DR-CE-2005

proposed sections CS-ACM-ZZ-XX-DR-CE-2006

proposed section

Richard Perrins MA

Inspector