Loading document...
The site represents part of the curtilage of Cronk-Y-Scotty, Coast Road, Jurby which is located on the north-western side of the Jurby Coast Road (A10) and southwest of Jurby West. The site forms part of the sand dunes along the coastline.
The site topography has a gentle slope from the south-eastern part of the site, which generally slopes down to the northwest boundaries of the site.
Currently, the site is accessed via an existing track which runs from the Jurby Coast Road in a northwest direction for approximately 300 metres to the entrance of the site which is currently secured by two locked gates.
The application seeks approval for the extension (Phase 5) of existing sand pit for extraction. The proposal is an extension to the existing sand quarry in a southwest direction. The site in question has an approximate width of 43 metres and a depth of 58 metres.
The area of the proposed extension is 0.168 hectares. The current area approved under application 04/00754/B as phase 4 is 0.23 ha and previous phases were phase 3 of 0.515ha and phase 1 and 2 of 0.506ha. The total area including the proposed phase 5 would therefore be 1.42 ha.
The sand is required for the Island's building industry.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'white land'; the site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
"Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3
at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding 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."
Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
Policy 11: Coastal development will only be permitted where it would not:
i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; ii) prejudice the capacity of the coast to form a natural sea defence; and iii) increase the need for additional coast protection works except where necessary to protect existing investment or development."
Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Policy 1: Development involving the winning and working of minerals will be permitted only where it is demonstrated that there is a need for the minerals which cannot be met through the provision of secondary aggregates. Applicants will be required to demonstrate also that:
iii. Registered Buildings or their settings; iv. the character and appearance of a Conservation Areas; v. sites of archaeological interest; vi. sites containing species or habitats of international, national and local importance; vii. land drainage and water resources; and viii. designated National Heritage Areas;
Exceptionally, national need for a particular mineral may warrant setting aside one or more of these constraints."
Under the Draft Landscape Character assessment the site is indicated as being within an area of Type G: Smooth Costal Strip. This statement has not been adopted, therefore does not have as much weight as the Isle of Man Strategic Plan or the Isle of Man Development Order 1982. However, it has been published by the Department and is open to consultation. Therefore, it is consider appropriate to consider. For the Smooth Costal Strip the assessments states that:-
"The overall strategy for the protection and enhancement of the Smooth Coastal Strip Landscape Character Type is to conserve and enhance: the simple and uncluttered inter-tidal landscape; the strong sense of remoteness and tranquillity; the expansive seascape views dominated by extensive beaches and wide, open skies; and the diverse patchwork of highly sensitive coastal habitats.
Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
The following planning applications are considered relevant in the assessment and determination of this application:-
Further extension of existing sand pit for extraction - 04/00754/B – APPROVED
Extension to sandpit - 97/01129/B – APPROVED
Creation of new sandpit for extraction purposes - 92/00814/B - APPROVED
Jurby Parish Commissioners:- “No objection”
Highways Division have no objection:- “This application is to extend an existing use by industrial vehicles. The anticipated use is not excessive and is not likely to have an adverse impact on traffic safety.”
Manx National heritage (MNH) have commented on the application which can be summarised as; previously consultation has been undertaken before submission with the applicant and MNH, the method of extraction, timing of preparation of the site and restoration proposals in the submission appear to be sensible, monitoring should be undertaken to ensure vegetation re-colonisation, and care should be taken to ensure all of the important nectar sources are not eliminated which support wildlife.
Environment Protection Unit comments below.
Department of the Environment, Food and Agriculture comments below.
When determining a application for mineral extraction Mineral Policy 1 is the most relevant planning policy to consider.
The applicants have indicated that sand extraction from the site has been taking place in this location (north of site now cease) since 1966 and this particular sand pit (application site) has been operating for 15 years supplying the building industry with sand from an indigenous source. The applicants indicate that this is the only location where this type of sand is found, it is particularly suitable for plaster.
The policy highlights a number of areas which require consideration.
The first is paragraph (a) which relates to the potential affect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the onsite operation itself. The applicants have indicated that the extraction of sand has taken place for many years and in that time they are not aware of any objections or complaints from local residents.
Pre-application advice was sort with the Environmental Protection Unit, who responded by stating:- “...no concerns given small extension proposed, we have had no complaints about noise or air pollution to the best of my knowledge and given its proximity would not anticipate any nuisance or annoyance to local residents”
The Environmental Protection Unit has subsequently (since application submitted) indicated that their comments still stand.
There are no residential properties near to the site, nor any which share the access lane. It is also important to note that no objections have been received by any local residents, which is especially important when an operation is currently ongoing.
Turning to paragraph (b) this relates to being no unacceptable adverse effects upon the landscapes and geology/geomorphology features of special interest or attraction, Ancient Monuments, Registered Buildings, Conservation Areas, sites of archaeological interest, sites containing species or habitats of
international, national and local importance, land drainage and water resources and National Heritage Areas.
The applicant has discussed in detail with the Department of Environment, Food and Agriculture (DEFA), Manx Wildlife Trust and Manx National Heritage regarding these issues.
Certain issues do not apply on this site given it is not within a Conservation Area, there are no ancient monuments, there are no archaeological interest, no Registered Buildings on site, not within a National Heritage Area.
Certain issues do need further consideration, the first being the landscapes and geology/geomorphology features of special interest or attraction which would not result in an adverse impact by the proposals. The site is within an area of High Landscape Value or Coastal Value and Scenic Significance and therefore consideration needs to be taken to ensure the proposed works would not have a significant impact upon the visual amenities of the site, especially given the coastal footpath (foreshore) runs along the northwest boundary of the site.
Currently, when viewing the site from the foreshore none of the existing sandpit is apparent and it is not evident that works are/or have been operating at this site. This is mainly due to the topography of the land and gradient of the slope, but also as the ground level of the site is approximately 2 metres above the ground level of the foreshore which prevents significant views of the site. Whilst this is the current situation, there is the potential of the proposed works being apparent from the foreshore given the ground levels (see Sections B & C) do not benefit from ground levels along the northern boundary of the site being substantially above the finish floor levels of the extraction area.
It is still considered given the northern boundary would be 0.7 metres above the finished ground level of the extract area and given the foreshore is below the ground level of the quarry floor (2 metres) the proposal would not have a significant impacts upon the visual amenities of the coastline.
The proposed extension equates to 0.168 hectares and would result in a total area of the site (after 5 phases) being 1.42 hectares.
The applicants have submitted section drawings showing the existing ground levels and the proposed ground levels which help indicate that the visual impact of the development would be limited.
Regarding the potential impact upon species or habitats of international, national and local importance, the applicants have discussed these particular points with DEFA and Manx Wildlife Trust.
DEFA have indicated to the Planning Authority during pre-application advice that:-
"Habitats of conservation interest may be affected. The habitats on the affected area should be shown and the mitigation proposed. An updated survey regarding protected plants would be appropriate, eg. orchids and Isle of Man cabbage are possible in that area. Also bird information to show species breeding on or adjacent, that might be affected this should be addressed in their mitigation proposals/proposed working practices."
DEFA have submitted further views since the application was submitted which are summarised as:-
"...it is a small area and a long standing business on that site, producing a product not produced elsewhere on the island. Following a site visit last year typical specialist species were found. Liaison has resulted in a working and return plan that is an improvement on previous activity. I concur fully with the MNH comments and make no objection to the application."
The applicants have indicated that the site is a typical mature dune complex and consultations and site visits have identified the potential for the presence of a number of significant and protected species namely lizards, plants (orchids and IOM Cabbage), invertebrates and birds(nesting sand martins).
It should be noted that during site visits none of the invertebrates and certain plants (lizards, seed spikes and basal rosettes of orchids) where seen on site. However, the species/wildlife/plants indicated have been seen near to site and therefore Manx Wildlife Trust and the applicant have presumed a presence and their management plan takes these species into account.
Sand Martins were observed on site and nests where noted. It has been indicated in its un-worked state the faces of the dunes/quarry collapse and degrade, renders them unsuitable for the birds. The vertical faces created by the quarry works are however ideal for nesting and attract sand martins, therefore the applicant indicates this is a positive contribution to the habitat of the quarry operation.
The management plan includes the transplanting of marram grass which has partially worked previously on the site. The limited success has been due to the depth of turf being taken (including roots) being insufficient in depth. The new the transplanting scheme indicates that greater care and depth of soil/roots needs to be undertaken and these will be transplanted to previous worked areas of the sandpit.
Manx Wildlife Trust have indicated to the applicant that they have a harvester for seed and have offered assistance in harvesting marram grass seed should this be required. The applicant is happy to accept this offer.
The timing of the stripping of overburden will be planned to minimise disturbance to lizards/wildlife/plants. Autumn or winter has been identified best for plants, whilst autumn would be better for the lizards. The applicants have indicated autumn would be their preference.
A condition could be attached which required detailed plans (sections) which show the areas affected by the transplanting of marram grass to provide a restoration scheme.
Regarding the access arrangements and highway safety, the applicants have identified they have been operating from the site for 15 years and to their knowledge there have been no accidents connected with the operation of the quarry.
The wagons used to transport the sand are tipper wagons, 6.3 metres long, 2.4 metres wide and 3 metres high. At the quarry's peak operation (pre 2005) there were up to 8 wagon loads a day being extracted, 16 movements, 8 in 8 out. Over the last twelve to eighteen months the maximum number of loads extracted was 3 a day, 6 vehicles movements. Currently, there is 1 load a day, 2 vehicle movements.
The applicants have indicated that they believe the reduction is due to the current slowdown in the building industry.
It should also be noted that previously there were 2 operators, but now there is only 1 person operating the business. This will impact on the potential numbers of further movements which is anticipated will not reach the previous maximum numbers.
The applicants have indicated they they intend to work out phase 4 before commencing on phase 5 (application site) and there will be no overlap of working or vehicular movements. No works are proposed to the accessing access to the site or the lane.
The Highway Division have indicated that as this application is to extend an existing use by industrial vehicles. The anticipated use is not excessive and is not likely to have an adverse impact on traffic safety.
Mineral Policy 1 also requires any working to be in accordance with a phased scheme of restoration and landscaping. As indicated previously the transplanting scheme is the method to ensure the restoration and landscaping of the site is provided to acceptable levels. It should be noted the application does not, nor ever has, proposed the infilling of the site i.e. to restore the extracted ground levels to there previous levels.
The final aspect to consider under Mineral Policy 1 is to ensure the proposal does not sterilize other significant mineral deposits. The applicants have indicated that the only mineral found on the site is sand and therefore the proposed extension for the sandpit will not sterilise any other mineral deposits.
As the site is situated on a coastline which is subject to coastal erosion it is important to consider Environmental Policy 11 of the Isle of Man Strategic Plan. This states that Coastal development will only be permitted where it would not: increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; prejudice the capacity of the coast to form a natural sea defence; and increase the need for additional coast protection works except where necessary to protect existing investment or development.
The Authority has asked advice from DEFA who are responsible for coastal erosion. They have indicated that The Posford Duvivier Report places Cronk y Scotty in 'Sartfield – The Lhen' section with a predicted rate of accretion of 0.33 m/yr.
The advisor indicated that this would probably explain the good growth of marram grass and may explain why historically this site has been used for sand extraction.
He indicates that given the small size of sand pit compared to length of eroding coastline it is likely the sand pit will only have a local effect. Further to this the sand pit is not likely to re-fill / return to its original contours of its own accord.
Given these comments it is considered the proposal would comply with Environment Policy 11.
Overall, the proposal would comply with relevant policies as stated within the Isle of Man Strategic Plan for the reasons given and therefore it is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 16.01.2012
C : Conditions for approval
N : Notes attached to conditions
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the extension (Phase 5) of existing sand pit for extraction as proposed in the submitted documents and drawing 10/2330/06 all received on 4th October 2011.
Prior to the commencement of any works associated with the extraction from the area hereby approved, as annotated 5 on drawing no. 10/2330/06, a scheme for landscaping and recolonisation of all areas of extraction, within the area defined by the red line on drawing no. 10/2330/06, with natural vegetation must be submitted to and agreed by the Planning Authority.
All planting, seeding or turfing comprised in the approved details of landscaping and recolonisation must be carried out in the first planting and seeding seasons following the cessation of extraction works, in accordance with a phasing scheme to be submitted and approved by the Planning Authority. Any vegetation which within a period of five years from the completion of extraction from the area hereby approved, as annotated 5 on drawing no. 10/2330/06, which dies, is removed or becomes seriously damaged must be replaced in the next planting season with others of a similar species.
Prior to the commencement of any works associated with the extraction from the area hereby approved, as annotated 5 on drawing no. 10/2330/06, the proposed 1 metre high post and wire fence is to be erected around the boundaries, as annotated 5 on drawing no. 10/2330/06.
Stockpiles of extracted sand may only be stored within areas previously extracted, or within locations to be agreed in writing with the Planning Authority.
With regard to condition 3 of this approval the applicant is advised that any submitted scheme for landscaping and recolonisation should be devised in accordance with the advice and best practices of the Department of Environment, Food and Agriculture and Manx National Heritage. Any scheme must include details of how all areas of extraction will be restored and the time frames for undertaking such work. Evidence to show such consultation should be submitted with the submitted scheme.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date: 24/2/12
Determining officer (delete as appropriate)
Signed: _________________________ Anthony Holmes
Signed: _________________________ Sarah Corlett
| Senior Planning Officer | Senior Planning Officer |
| Signed :... Michael Gallagher | Signed : handwritten signature |
| Director of Planning and Building Control | Jennifer Chance |
| Development Control Manager |
Copyright in submitted documents remains with their authors. Request removal
