**Document:** Planning Report 09/00970/LAW **Application:** 09/00970/LAW — Certificate of Lawfulness for storage and processing of inert waste **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2009-10-23 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63461-eairy-stoney-mountain-quarry/documents/1381931 --- # Planning Report 09/00970/LAW **Application No.:** 09/00970/LAW **Applicant:** Department Of Transport **Proposal:** Certificate of Lawfulness for storage and processing of inert waste **Site Address:** Stoney Mountain Quarry Stoney Mountain Road Eairy Isle Of Man IM4 3HJ ### Considerations Case Officer : Miss S E Corlett **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Douglas Corporation Notes : Consultee : Malew Parish Commissioners Notes: Do not object. Consultee : Waste Operations Manager Notes: Waste matters memo sent 16.06.09 PT Consultee : The Architects (DOLGE) Notes: No comment to make ### Officer's Report ### The Site The site represents the curtilage of Stoney Mountain Quarry as worked (and including a small area to the west which had up until recently been worked outwith the planning permission and lease agreement but for which retrospective planning permission has recently been sought and is recommended for approval - see below). The quarry lies to the south west of Stoney Mountain Road and is accessed from the B36 Tosaby Road to the south of the Eairy Dam. The quarry produces crushed rock aggregate, building stone and armour stone for coastal protection work from the Foxdale granite deposits on site. Also on site is the paraphernalia associated with quarrying including wheel wash facilities, drainage, stockpiles of mineral, weighbridge and site office. **PLANNING STATUS** Most of the site is identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Area for Surface Mineral Working. **PLANNING HISTORY** The following applications have been submitted in respect of this site: - PA 84/00882/A - Approval in principle to removal of existing plant and erection of buildings and plant for the purification of quartz, Renshent Quarry, Malew - Status - Permitted 1st January 1994 - PA 91/00986/B - Installation of a weighbridge, Stoney Mountain Quarry, Foxdale, Malew. - Status - Permitted 1st January 1994 - PA 92/01380/B - Extension of existing quarry, Stoney Mountain Quarry, Malew. - Status - Permitted 1st January 1994 - PA 03/01867/C - Continued operation of quarry for a further five years - Status - Permitted 10th May 2004 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. The approval is for a period of 5 years only from the date of commencement. 3. This approval relates to the following information, submitted as part of the application and date stamped 8th December 2003: WK/2218/S6, WK/2218/S10, WK/2218/S11, Statement of Case and Tree Statement. 4. All access to the quarry extension area for the purposes of stripping overburden and excavation must be taken from haul roads within the quarry. 5. The master plan for the after use of the whole quarry area must be agreed with the Department of Agriculture, Fisheries and Forestry and Department of Local Government and the Environment and submitted to the Planning Committee within 5 years of the date of the approval of this application. 6. Adequate provision must be made for the drainage of the site and there must be no pollution of adjacent watercourses, the Committee reserve the right to monitor the effect of the excavation in creating additional surface water and the effectiveness of the existing drainage system and to request additional works if necessary to cope with any problems arising. 7. The working hours of the operations on the site shall be restricted to Monday - Friday 0800 - 1700, Saturday 0800 - 1200. The site shall not be operated on Sundays and Bank or Public Holidays. For the purpose of this condition, operations include drilling, blasting, movement, crushing and screening of rock and grading of overburden. 8. There shall be no tipping of materials generated from outwith the site. 9. A separate planning application must be made for any new building, fixed plant and equipment. 10. No advertising matter of any description shall be exhibited at the site without the PRIOR written permission of the Committee. 15 October 2009 PA 08/01638/C - One year extension to existing planning permission (03/01867/C) Status - Permitted 13th October 2008 1. This permission relates to the amendment of condition 2 of the decision issued in respect of PA 03/1867 insofar as work in accordance with the terms of that permission may continue until 31st May, 2010. PA 09/00955 - retrospective planning permission for quarrying - recommended for approval ## THE PROPOSAL Proposed now is retrospective approval in the form of a Certificate of Lawfulness for the storage and processing of inert waste. The application states that "small quantities" of construction and demolition rubble from Department of Transport and other Government sites around the Island are brought to this site for inspection, sorting, crushing then re-used as aggregate. The material may be stockpiled until being taken from the site, depending upon demand. The incoming material is visually inspected, weighed and logged and any material which does not conform to the licence is redirected to landfill or returned to its point of origin. This operation has been on-going since 1995 virtually unchanged with all records kept on site and available for inspection. The records provided with the application include details of production from the quarry from 1991/2 when only dry stone aggregate was produced on site (36,026 tonnes). In 1992/3 stone began to be exported to Poortown Quarry (7,211 tonnes) but stopped in 1994 then recommenced for only one year in 2002. Construction rubble was imported to the site in 1995/6 to date and amounts varied from 6,128 tonnes in the first year down to 539 tonnes in 2007/8 to a maximum of 7,162 in 2006/7 with a total of 50,712 tonnes and an annual average of 3,622 tonnes and mean volume of 3,171 tonnes. This compares with a total aggregate production from the site of 713,988 tonnes, an average of 50,999 tonnes and a mean volume of 35,203 tonnes. In addition, from 1999/00 planings were imported to the site, resulting in an additional 7,404 tonnes over the ten years and between 73 tonnes and 2,883 (mean 1,000 tonnes). Materials excluded from the site are asbestos, batteries, gas cylinders, wood, plastic, paper and liquids. The period of storage of the imported material varies from days or weeks to years in the case of larger scale projects such as the airport runway extension. As the amount of material varies, so does the amount of traffic generated by the bringing and exportation of this material. REPRESENTATIONS Malew Parish Commissioners indicate that they do not object to the application Estates and Housing Directorate of Department of Local Government and the Environment indicate that they have no comment to make ## ASSESSMENT In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states: "PART 4 - ENFORCEMENT OF CONTROL 24.(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not a) any existing use of buildings or land is lawful c) any operations which have been carried out in, on over or under land are lawful (2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them." 15 October 2009 The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate." In this case the applicant has maintained a record of the material brought in and sorted at the site. Further information has also been solicited from the Department of Trade and Industry who provide further information confirming that they are aware of the recycling activities which have been ongoing at Stoney Mountain and provide evidence of one year's monitoring. This year is as recent as 2008 but they state that they have more information going back further in time in their archives. They also confirm that annual inspections have been carried out at the quarry in conjunction with the Minerals Licence and royalties audit. There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the use of the site for the recycling of Government demolition and construction waste in this case and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired. ## Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. ### Recommendation Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 28.07.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals C 1 . The submitted application reference, PA09/00970/LAW, contains evidence sufficient to demonstrate that: Stoney Mountain Quarry as defined in the submitted plans has been used in part for the recycling of construction and demolition material for a period in excess of ten years prior to 9th June 2009 subject to the following limitations: - (a) A maximum of 7,162 metric tonnes per annum - (b) Operating hours of Monday to Friday 8am to 5pm; Saturday 8am to 12 noon, and at no time on Sundays or Bank Holidays. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Certificate of Lawful Use Approved Date : Signed : Senior Planning Officer --- *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/63461-eairy-stoney-mountain-quarry/documents/1381931*