Decision Notice

M P Associates Ltd 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Lynwill Farms Ltd, Ref 16/00200/C, for the Change of use of site for vehicle, equipment and material storage and waste transfer station for tipping road sweepings, trimmings, top soil and excavated materials, inert and organic vegetation at Ellerslie Depot Old Church Road Crosby Isle Of Man subject to compliance with the following condition(s) and notes (if any) :

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Other than the use of the land hatched in black on Drawing 1020/PL01 Rev D (datestamped as having been received 22nd February 2016) as a Waste Transfer Station, no waste transfer, storage, treatment, recycling, composting or disposal operations shall take place on any part of the site edged in red on 1020/PL01 Rev D (date-stamped as having been received 22nd February 2016).

Reason: To ensure the Waste Transfer Station is kept within a defined area in order to protect the appearance of the site and general amenity, and to minimise the impact of airborne particulates and noise on the site and surrounding area.

• 3. The use of the land hatched in black on plan 1020/PL01 Rev D (date-stamped as having been received 22nd February 2016) as a Waste Transfer Station shall exclude crushing and/or composting operations.

Reason: To minimise the impact of airborne particulates and noise on the site and surrounding area.

• 4. No waste shall be brought onto the site edged in black on plan 1020/PL01 Rev D (date-stamped as having been received 22nd February 2016) other than road sweepings, trimmings, top soil and excavated materials, inert and organic vegetation. Reason: To safeguard the amenities of the surrounding area.

• 5. Not more than 1500 tonnes of waste shall be brought into the area hatched in black on plan 1020/PL01 Rev D (date-stamped as having been received 22nd February 2016) in any rolling 12 month period.

Reason: To safeguard the amenities of the surrounding area, including the local highway network.

• 6. The operator of the site shall keep a log of all materials brought to the Waste Transfer Station, such records to be kept for a minimum of two consecutive calendars years and made available to the Department for inspection at its request.

Reason: To provide safeguards with regard the monitoring of Condition 5, and to safeguard the amenities of the surrounding area.

• 7. No hazardous or contaminated material shall be brought onto the site hatched in black on plan 1020/PL01 Rev D (date-stamped as having been received 22nd February 2016).

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

Drawings 1020/PL01 Rev D (date-stamped as having been received 22nd February 2016), Drawing 1020/PL10 (date-stamped as having been received 29th August 2017), the Traffic Statement (date-stamped as having been received 6th July 2017) and the Environmental Impact Assessment (date-stamped as having been received 22nd February 2016).

Date of Issue: 3rd October 2017

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

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

https://www.gov.im/planningapplication/services/planning/search.iom

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.