**Document:** Planning Officer Report
**Application:** 13/90996/B — Use of site for the screening, crushing and sorting of mainly inert construction materials
**Decision:** Permitted
**Decision Date:** 2013-11-12
**Parish:** Patrick
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/4818-patrick-landfill-site-land/documents/1293610

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# Planning Officer Report

Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level : Planning Committee

## Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND THE DESIGNATION OF THE SITE AS OPEN SPACE

## The Site

1.1 The site is a piece of land which lies on the southern side of Stoney Mountain Road, leading from just south of the Eairy Dam to Stoney Mountain Quarry, a stone quarry operated by Government and which has recently had permission for a physical extension and extension of the operational life of the quarry (PA 09/01544). The application site is an area of 1.8 hectares which lies at the end of a lane which is owned by the applicant, as is the land to the west of the lane and land to the south and west of the main part of the application site. The site is currently a landfill site which is in the process of slowly being restored. Planning approval has been granted for the deposit of waste on the site (PAs 07/00806, 00/01949) and whilst there has been a slight expansion of the area approved to the south of the approved infilled area, this has been regularised and the unauthorised area of work has been restored and is not within the proposed application site.

1.2 The landscape generally falls away from north to south and there is also a fall from east to west towards a watercourse which runs south from the Stoney Mountain Road to become the Santon Burn, joining the watercourse from the Eairy Dam.

1.3 There is a dwelling to the east of the junction of the access with the Stoney Mountain Road - Mountain View Farm and further towards the Eairy there is Cronk Froy, and further down towards the junction with the St. Mark's Road there are Vaghee Roostey, Eairy View, Ash Cottage and Creoi Obbyr (Manx for hard work).

1.4 To the north west there is an area which accommodates a number of industrial activities - Minimix concrete production, FPL recycling, Darren Chadwick paving (unauthorised) and further up the access lane to this area there is an industrial building and site used by a scaffolding operation and opposite this is Athen Rye, a residential property. To the south of Athen Rye is an area which has been the subject of a successful application for the principle of the erection of an industrial building intended for the building company which was previously using the area for storage, without the benefit of planning approval (PA 08/00764).

[Table omitted in markdown export]

That approval in principle was never implemented and subsequent applications for industrial development were refused (PAs 09/01945 and 10/01404).

1.5 To the immediate north of the application site is a disturbed area which has had the natural ground levels changed through excavation and tipping and there have been containers and other items of machinery deposited upon it. None of this has planning approval. To the north of this is a field leading up to the Stoney Mountain Road.

1.6 The site is currently uneven with areas of tipped material, bays for stored material along part of the eastern side of the site. No restoration as required by the previous applications has been undertaken (see below).

### The Proposal

2.1 This application is in conjunction with PA 13/90995 which proposes the continued tipping on the site to provide a profile which is different from that approved previously. In the previous applications, the profile would have been up to 161AOD at the northern end of the site (some 6.5m above existing level), rising up from the existing level of 151.5 at the bottom end and ending with a sharp edge at the western side of the site. The proposed profile is more of a mound, tying into existing levels at all four sides of the site and rising to a high point in the centre of the site which will be around 4m higher than the highest point of the existing site.

2.2 In that application, the plans show phasing, unlike the earlier application, such that the site is infilled from south to north, the whole site taking five years to complete. The applicant has described the process by which material comes to the site: skips are collected from the public and sorted at the skip transfer station which is located across Stoney Mountain Road at the top of the lane. Combustible material is then taken to the Energy from Waste Facility, asbestos is taken after being put into quarantine and then taken to an approved asbestos disposal site. Metals are taken to Manx Metals and inert waste is taken to the application site and sorted into soil and stone. Stone is sorted into large stone which is crushed and small stone which is left intact and all is then sold to the public and delivered: the public do not come to the site. Soil is sorted and top soil is removed and sold to the public and delivered, subsoil is used for landfill and any metal or subsoil is taken out and disposed of as described previously. The site will be used between 0800hrs and 1700hrs Monday to Friday and 0800hrs and 1300hrs on Saturdays. No lighting is proposed and in the seven year period of operation there have been no complaints from neighbours nor environmental health officers.

2.3 This current application proposes the use of part of the site for the screening and crushing of material brought to the site for infilling in accordance with the proposal in PA 13/90995. This process will occur on the northern part of the site until such times as the infilling has progressed to this part of the site. By year 3 the crushing operations will start to become reduced as the infilling progresses into the crushing area and by year four the applicant will need to start removing the crushing equipment and vehicles from the site as the site becomes closer to becoming restored.

### Planning Status And Policy

3.1 The site lies within an area designated on the Southern Area Plan of 2013 as open space. The site and the field above and land to the west are identified for ecological importance and high voltage overhead electricity lines run across the site, alongside the water course outside the development area, and across the bottom edge of the proposed landfill area.

3.2 The site lies within an area of Incised Slopes on the draft Landscape Character Appraisal where key views include open views down and across the valley towards St. John's, the Greeba Valley and beyond to the peaks of the Northern Uplands from areas of higher ground and enclosed views up to the surrounding Southern Upland areas and Stoney Mountain

Plantation. The Plan recognises "the role which they play in the management of waste" and appreciates this (paragraph 9.8.1).

3.3 As the site is not designated for development, there is a presumption against development as set out in Environment Policy 1 of the Strategic Plan. The Plan also contains guidance on proposals for the disposal of waste, as follows:

Waste 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
11. 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. suites of archaeological interest
vi. sites containing species or habitats or 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 sterilise other significant mineral deposits
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 of facilities referred to in this policy will require the submission of an Environmental Impact Assessment."

## PLANNING HISTORY

4.1 The site has been the subject of two previous applications of note, both for tipping as described in paragraph 2.1. Both applications were subject to conditions which required that the tipping be completed to the approved profiles by a certain time, or by then if the tipping has not been completed to the approved profiles the tipped material must be graded, top soiled with stored material and allowed to re-seed naturally. The latest by which this was to have been completed by was 6th March, 2012 in accordance with PA 07/00806. The earlier application was the subject of objections on the basis of protection of existing mire habitat and orchids which were accommodated in the application proposal. The mire habitat lies to the west of the proposed works and orchids from the application site were moved to there under the provisions of the earlier applications. There is no ecologically important habitat remaining on the application site.

REPRESENTATIONS

5.1 Department of Environment, Food and Agriculture Waste Operations Management Unit recommends that the screening, crushing and sorting of material is a key part of their strategy and supports the delivery of their targets. 5.2 Malew Parish Commissioners do not object to the application.

5.3 Manx Electricity Authority comment on existing electricity supplies. As this includes an existing overhead supply within the site, this is a material consideration which is referred to in Energy Policy 2 where there is a presumption against work within 9m of the line. However, this concern is more about working practices in proximity to the line, which is more appropriately addressed as a note in any decision.

5.4 The owners of Renshent on the Tosaby Road, which is a little over 300m to the south of the site, express concern at the noise levels and dust from the proposed works and potential pollution of the stream which passes the site then runs south past Renshent. They supplement this with a further submission which expresses concern that the material to be deposited differs from that in previous applications in that it will now be "mainly inert materials", they query whether there is enough information in the application to ensure that the environmental concerns have been addressed and note the lack or urgency in completing the original application.

### Assessment

6.1 The site is not attractive and can be seen from a distance, from the Braaid area on the A24 Foxdale Road. This view is part of a larger area of industrial works, including the land to the west which accommodates MiniMix, FPL and other users and Stoney Mountain Quarry which has a significant impact in the landscape. As such, it is important that this site, which is further east than any other authorised industrial activity in this area, is restored acceptably as soon as is practicable.

6.2 It is highly relevant that the previous permissions which were granted would have resulted in potentially a greater and less natural landform than what is proposed now and that not having been implemented, there is now an opportunity to improve that impact. It is also relevant that the applicant's waste transfer station is located close by so that it renders this site perhaps more suitable than some for "infilling". It is important, however that as this area is not designated for development and it is visible in the longer view, that any works which would interrupt or spoil this view should be temporary and only approved if there is an end result of an improvement to the visual appearance of the site. In considering this, it should be remembered that the applicant has already had two permissions which required that the works should be completed by a certain time and that he has failed to comply with that. It is therefore available to the Committee to accept no further deferral of the restoration and topsoiling works and could require that the site is restored without any further importation of material.

6.3 However, it is considered that there is an opportunity for the disposal of further material here which would deal acceptably with waste which may then have to be disposed of elsewhere, and the completion of the restored site within a 5 year period, within the provisions of Waste Policy 1. This would enable the continued employment of staff who are currently engaged in the works on the site and at the waste transfer station across Stoney Mountain Road and the assured completion of the works in a form which will complement the surrounding landform. As such, it is recommended that the contemporaneous application for infilling is approved, subject to conditions which refer to the phasing proposed in the application and the restoration of the site within 5 years and that as part of this the applicant is permitted to crush and screen the material on site until the infilling catches up. It is important to anticipate potential changes to this phasing but to retain control over the completion of the works within the specified time and as such a condition should be imposed which requires that the works including topsoiling and seeding/turfing must be completed prior to 31st December, 2018 and the approved levels have not been achieved by this time, the site must be restored to the level reached by that time.

6.4 Whilst there are concerns which have been raised by the owners of Renshent, this is a little distance from the site and any noise nuisance would be difficult to distinguish from the

noise levels emitted from the adjacent industrial activities, the majority of which are lawful in planning terms. The works proposed here require a disposal licence from DEFA which will involve the consideration of potential pollution of watercourses and as such these concerns are not considered sufficient to warrant refusal of the application.

### Party Status

7.1 The local authority, Rushen Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 MEA do not raise material concerns and should not be afforded party status in this case.

7.3 Renshent is some distance from the site and should not be afforded party status in this case.

7.4 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

7.5 The residents of Maughold are not directly affected by the proposal and as such should not be afforded party status.

7.6 The Environmental Protection Officer and the Waste Operations Management Unit represent statutory authorities and should be afforded party status in this case.

### Supplementary Report

The Planning Committee considered the application at its meeting of 11th November, 2013 where it approved the application, but subject to additional conditions which had been circulated to the members beforehand. The Committee were advised that the local authority cited at paragraph 7.1 should be Malew Parish Commissioners not Rushen Parish Commissioners.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 04.11.2013

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

C 1.

The planning permission relates to the crushing, sorting and screening of inert waste material as shown and described in drawings TS-00, TS02RC, SEK-02C, unreferenced final contour drawing, TS-01RC A, Planning Statement, Environmental Impact Assessment Summary, all received on 7th August, 2013.

C 2. The development permitted shall cease on or before 31 July 2018, and all unprocessed waste material, plus any plant, equipment and machinery used for the crushing, sorting and screening shall be removed from the site.

C 3. All crushing, screening and sorting to be undertaken within the 'low level' area identified on drawing TS02 RC.

C 4. The storage of recycled inert material awaiting removal off site shall be contained within the 'Storage Area' identified on drawing TS02RC.

C 5. No recycled material may be sold directly to the public from the site.

C 6. Any non-inert wastes identified following on-site screening shall be held in a quarantine area for removal and management off-site.

C 7. The working hours of operation are restricted to 0800 to 1700 Monday to Friday, and 0800 to 1300 Saturday. No working shall take place on Sundays or Bank and Public Holidays.

C 8. No artificial light is permitted on site unless an application for that purpose is submitted to and approved in writing by the Planning Authority.

C 9. No burning shall take place on the site.

C 10. No skips or other materials not connected with the use hereby approved, are be stored on site.

C 11. The perimeter of the site shall be secured to prevent unauthorised access in accordance with details to be submitted to and approved by the Planning Authority and shall be retained thereafter.

C 12. A water bowser shall be made available for use to suppress dust as necessary, and/or as may be required by the Planning Authority.

C 13. No caravans, portable buildings or vehicles not associated with the use of the site hereby permitted shall be stored on the site for any purpose.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ...
... Committee Meeting Date :

Signed : ...
Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/4818-patrick-landfill-site-land/documents/1293610*