DEC Decision Notice

Department Of Infrastructure Sea Terminal Douglas IM1 2RF

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 Department Of Infrastructure, Ref 18/01293/B, for the Construction, operation and decommissioning of a temporary lagoon facility for dewatering and storing sediment dredged from Peel Marina and installation, operation and removal of temporary pipelines along and alongside the River Neb between Ballaterson Farm and Peel Marina at Field 315179 Ballaterson Farm Glenfaba Road Peel 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. This approval only relates to the construction, use and decommissioning of the contractors' area, lagoon and pipelines (transport and dewatering). No approval is given for any dredging works within Peel Marina as part of this application. No approval is given for any works outside the redline boundaries shown on drawing number 535/002/1 (date stamped as having been received 07.02.19) and drawing number 535/002/2 (date stamped

• as having been received 11.12.18).

Reason: The Environmental Impact Assessment has been produced to support a number of applications required to implement phase 1A however this approval only relates to certain works as set out on the planning application form.

• 3. Within 5 years of the date of this approval becoming final, the lagoon and pipework shall be decommissioned and the site restored in accordance with the details set out in paragraphs 2.6.16 - 2.6.22, 2.7.8 and 2.8.4 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.

Reason: To ensure that the site is restored within this time period and to prevent any long term loss of land, as the application has been submitted and assessed on the basis of it being a temporary use for up to 5 years.

• 4. Within 5 years of the date of this approval becoming final, the use of the contractors area as outlined in red on drawing number 535/002/2 (date stamped as having been received 11.12.18) shall cease, including the removal of all material and fencing.

• Reason: To ensure that the temporary contractors area is removed when the project is complete.
• 5. The timing of works shall only be as per paragraphs 2.10.1 - 2.10.2 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.

Reason: In the interests of local amenity and to ensure that the mitigation measure relating to timing of works is implemented.

• 6. The lagoon shall be constructed in accordance with the details set out in 2.6.1 2.6.15 of the of the Environmental Impact Assessment date stamped as having been received on 07.02.19 unless otherwise required by conditions set out in this notice.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

• 7. Prior to the use of the contractors area as outlined in red on drawing number 535/002/2 details shall be submitted to and approved in writing by the Department setting out:

• o how the area is to be used;
• o any temporary structures/buildings to be installed; and
• o any fencing to be installed.

Reason: To ensure that any impact, including visual, of the use of the area as a contractors' area is minimised.

• 8. Prior to the commencement of the development hereby approved, a Lighting Plan shall be submitted to and approved in writing by the Department, which includes, but is not limited to, measures to protect the river from light spill. The plan shall clarify for each element of lighting at what stage it shall be removed. The development shall not be carried out other than in accordance with the approved plan.

Reason: To ensure that the mitigation set out at 2.9.1 - 2.9.3 of the Environmental Impact Assessment is implemented and because the river corridor has been identified as an important feeding area for bats and a dark corridor should be maintained along the river. Bats are listed on Schedule 5 of the Wildlife Act 1990 and are protected from being intentionally or recklessly killed, injured or removed from the wild; in addition they are protected from disturbance and it is an offence to damage or destroy their place of shelter.

• 9. No pumps shall be used as part of the development hereby permitted unless the details of the pump to be used (including hours of use) have been approved in writing by the Department. Reason: To avoid any unacceptable noise impact from pumps.
• 10. Prior to the commencement of the development hereby approved, the following information shall be submitted to and approved in writing by the Department and the development shall not take place unless in accordance with the approved details:

• o calculations proving the structural integrity of the construction of the lagoons;
• o construction drawings showing how the bund would be constructed;
• o inspection regime for the lagoons in particular embankment checks;
• o explanation of how consideration has been given to overflow of the lagoons if heavy rainfall occurred would they over top if so will there be a spillway and where would it discharge to;

• o breach analysis if the lagoon embankment were to breach what would be consequence; and
• o Emergency procedures should breach analysis highlight risk.

Reasons: To ensure that the potential flood risk (including residual risk) caused by the development is understood and: avoided; minimised; and/or mitigated.

• 11. Any dewatering shall use the methods set out in paragraphs 2.5.1 - 2.5.16 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

• 12. There shall be no discharge of dewatering effluent other than as set out in paragraphs per 2.5.17 - 2.5.19 of the Environmental Impact Assessment.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

• 13. Prior to the treatment of any dewatered sediment, as set out in paragraphs 2.5.15 2.5.16 of the Environmental Impact Assessment date stamped as having been received on 07.02.19, a method statement shall be submitted to and approved in writing by the Department. No treatment may take place other than in accordance with the approved details.

Reason: The treatment set out in paragraphs 2.5.15 - 2.5.16 Treatment is a fall-back position in the event that the preferred disposal option is not available, consequently limited detail is included within the Environmental Impact Assessment.

• 14. If a transport pipeline is used to transport dredged material into the lagoons, it shall be installed, used and decommissioned in accordance with 2.7.1 - 2.7.8 of the Environmental Impact Assessment date stamped as having been received on 07.02.19, unless otherwise required by the conditions set out on this notice.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

• 15. The discharge pipeline shall be installed, used and decommissioned in accordance with 2.8.1 - 2.8.4 of the Environmental Impact Assessment date stamped as having been received on 07.02.19. unless otherwise required by the conditions set out on this notice.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved details.

• 16. No transport or discharge pipeline shall:

• o be installed which is placed on, or attached to, the river bed; or
• o be installed which is more than 500mm wide.

Reason: For the avoidance of doubt, to ensure that the development is carried out in accordance with the approved details and to ensure that there is no impact on the river bed.

• 17. No pipeline shall cross a footpath unless it is covered by a ramp which is in accordance with figure 2-10 and paragraph 11.3.17 of the Environmental Impact

Assessment date stamped as having been received on 07.02.19 or other details which have first been approved in writing by the Department.

Reason: To ensure that the mitigation as set out in 2.7.7 and paragraph 11.3.17 of the Environmental Impact Assessment is implemented in a way that does not unacceptably impact on users of the footpath (including, but not limited to, visual amenity).

• 18. In the event that a raised walkway is required to retain the footpath at a width as required by the condition below, details of this, including any timings for installation and end date for removal, shall be submitted to and approved in writing by the Department and the walkway shall be installed and removed in accordance with the approved details.

Reason: To ensure that the mitigation as set out in 2.7.6 and 11.3.17 of the Environmental Impact Assessment is implemented in a way that does not unacceptably impact on users of the footpath (including, but not limited to, visual amenity).

• 19. The width of the Heritage Trail footpath shall not be reduced to below 1.5 metres or its current width, whichever is less.

Reason: To ensure that the mitigation as set out in 2.7.6 of the Environmental Impact Assessment is implemented in a way that does not unacceptably impact on users of the footpath (including, but not limited to, visual amenity).

• 20. No vegetation clearance (including tree cutting or felling) shall be undertaken unless in accordance with details which have first been approved in writing by the Department, and such details shall include details of any replacement planting that is proposed.

Reason: To ensure that the mitigation as set out in 2.7.6 of the Environmental Impact Assessment is implemented.

• 21. Prior to the commencement of any works to install any pipeline hereby approved, a suitably qualified ecologist shall undertake a site walkover survey of the pipeline route corridor to identify any routing opportunities and/or constraints relating to common lizard habitat, and prepare a species mitigation plan.

The plan shall be submitted to and approved in writing by the Department prior to the commencement of any works to install a pipeline, and the development shall be undertaken in full accordance with the approved plan. The plan shall include the following information:

• o The preferred pipeline route between the riverbank and the dewatering lagoon.
• o The preferred locations for pipeline anchors and public / vehicular access ramps
• o across the pipeline route.
• o A precautionary method of working detailing a methodology for vegetation
• o Clearance and dismantling of refugia during pipeline installation and removal
• o works;
• o Measures to protect areas of suitable adjacent common lizard habitat (e.g. fencing
• o to protect important refugia); and
• o A translocation protocol to be followed if reptiles are found on site, including the
• o location of a suitable receptor area.

Reason: To ensure that the mitigation measures set out at 9.3.27 of the Environmental Impact Assessment are implemented.

• 22. Prior to commencement of any works or development a detailed Mitigation Strategy and Management Plan for protection of nesting birds both during construction and

decommissioning of the development, carried out by a suitably qualified ecologist, shall be submitted to and approved in writing by the Department.

Any site clearance cannot be undertaken prior to the condition being discharged and the development shall not be commenced prior to the written approval of the scheme by the Department. The developer shall thereafter secure and implement such measures in accordance with the requirements of the approved scheme.

Reason: Birds, their nests, eggs and dependant young are legally protected under the Wildlife Act 1990. In addition, species listed on Schedule 1 of the Act are protected from disturbance. The applicant should be aware that there may be birds' nests on the route proposed for the transport pipes from the Heritage Trail to the temporary lagoon system. If reasonable avoidance measures are not undertaken there is potential that a nest, eggs or chicks could be destroyed.

• 23. During the pipeline installation and removal works, a suitably qualified ecologist shall be present as an Ecological Clerk of Works to ensure that the works will be undertaken in accordance with the species mitigation plan (as required by condition 19).

• Reason: To ensure that the mitigation measure set out at 9.3.28 of the Environmental Impact Assessment and the conditions attached to this notice are implemented.

1. Prior to and during the construction of the lagoon the Archaeological Disturbance mitigation measures as set out 12.3.12 - 12.3.13 of the Environmental Impact Assessment date stamped as having been received on 07.02.19, shall be fully implemented.

Reason: To ensure that the archaeological mitigation measures (chance find procedure and toolbox talks) set out in the Environmental Impact Assessment are implemented and protect any possible archaeological material.

1. Prior to the completion of the lagoon details of the proposed treatment to be applied to the external sides and crest of the bunds shall be submitted to and approved in writing by the Department. Unless stipulated and agreed otherwise, within one month of the details being approved the external sides and crest of the bunds shall be treated in accordance with details and thereafter maintained for the period of the project until decommissioning. The details shall provide for seeding at least the sides up to a height of at least 300 mm below the top, together with measures for maintenance and re-seeding if any part fails.

• Reason: To ensure that the mitigation measure set out at 10.3.22 of the Environmental Impact Assessment to reduce the visual impact of the lagoon in the wider landscape are implemented as far as practicable, whilst also ensuring that there is an appropriate surface for staff and plant to use, and to minimise any dust emissions.

• 26. Prior to the commencement of the construction of the lagoon hereby approved, details shall be submitted to and approved in writing by the Department which set out the vehicles to be used to access the site (including during its construction) and, in the event that any of these are more than 10 metres in length, the details shall include updated swept path analysis which demonstrates that the vehicles can access the site safely.

Reason: To ensure that information is provided to demonstrate that the site can be safely accessed.

• 27. Prior to the commencement of the development hereby permitted, a parking strategy shall be submitted to and approved in writing by the Department. The strategy shall include details of both staff parking and any work vehicles. Reason: To ensure adequate consideration is given to parking issues by the operator.
• 28. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department, which set out how the vehicles to be used to access the site will safely pass pedestrians using the Public Right of Way which runs along the Southern boundary of the lagoon site and joins Mill Road and how any mitigation measures identified will be implemented.

Reason: To ensure that information is provided to demonstrate that the site can be safely accessed.

This approval relates to the following plans/drawings/information:

• 1. Project Strategy - Dredging, Storage and Disposal of contaminated Material, Peel Marina date stamped as having been received 07.02.19
• 2. Peel Marina Maintenance Dredging 2019-21 Phase 1A Planning Application Cover Document: Brief Project Description, Site Photographs, Planning Application Attachment Summary (date stamped as having been received 11.12.18)
• 3. Peel Marina Maintenance Dredging 2019-21 Design and Access Statement (date stamped as having been received 11.12.18) including the drawings included as appendix A, other than those highlighted as being superseded:

• o Drawing No. 535/001/1 entitled 'Site Location Plan - Lagoon'
• o Drawing No. 535/001/2 entitled 'Site Location Plan - Contractors Area'
• o Drawing No. 535/002/1 entitled 'Site Plan - Lagoon A1' (superseded)
• o Drawing No. 535/002/2 entitled 'Site Plan - Contractors Area'
• o Drawing No. 535/003 entitled 'Topographic Survey - Ballaterson Farm'
• o Drawing No. 535/004/1 entitled 'Pipeline Route' (superseded)
• o Drawing No. 535/005/1 entitled 'General Layout - Marina/Dredging' (superseded)
• o Drawing No. 535/006/1 entitled 'Concept Lagoon (Plan)'
• o Drawing No. 535/008/1 entitled 'Concept Lagoon (Traffic/Entry Layout)'
• o Drawing No. 535/009/1 entitled 'Concept Lagoon (Lagoon Fencing)'
• o Drawing No. 535/010/1 entitled 'Pipe Ramp - (Vehicle / Pedestrian) - Outline Plan'
• o Drawing No. 535/011/1 entitled 'Trucking Route Accommodation Works'
• o 2 x Untitled Plans Showing Swept Path Analysis

• 4. Peel Marina - Maintenance Dredging Environmental Impact Assessment - NonTechnical Summary (Revised) date stamped as having been received 07.02.19
• 5. Peel Marina - Maintenance Dredging Environmental Impact Assessment (Revised) date stamped as having been received 07.02.19
• 6. E-mail from Jeremy Reece dated 06.02.19 (11:57)
• 7. Table entitled "Response to Planning Consultation" and date stamped as having been received 07.02.19
• 8. Sample Analysis - Peel Harbour (report from Socotec) date stamped as having been received 07.02.19
• 9. Outline Treatment Methodology: Peel Marina, Isle of Man - Dredging, Treatment and Disposal of Problematic Waste date stamped as having been received 07.02.19
• 10. Amended Plans date stamped as having been received 07.02.19 - No. 535/002/1 entitled, 'Site Plan - Lagoon A1', No. 535/004/1 entitled, 'Pipeline Route' and No. 535/005/1 entitled, 'General Layout - Marina/Dredging'
• 11. Plans as set out below:

• o Drawing No. 535/001/1 entitled 'Site Location Plan - Lagoon'
• o Drawing No. 535/001/2 entitled 'Site Location Plan - Contractors Area'
• o Drawing No. 535/002/2 entitled 'Site Plan - Contractors Area'

• o Drawing No. 535/003 entitled 'Topographic Survey - Ballaterson Farm'
• o Drawing No. 535/006/1 entitled 'Concept Lagoon (Plan)'
• o Drawing No. 535/007/1-1 entitled 'Concept Lagoon (Elevation) - KEY
• o Drawing No. 535/007/1-2 entitled 'Concept Lagoon (Elevation) - 1/3 1:50
• o Drawing No. 535/007/1-3 entitled 'Concept Lagoon (Elevation) - 2/3 1:50
• o Drawing No. 535/007/1-4 entitled 'Concept Lagoon (Elevation) - 3/3 1:50
• o Drawing No. 535/008/1 entitled 'Concept Lagoon (Traffic/Entry Layout)'
• o Drawing No. 535/009/1 entitled 'Concept Lagoon (Lagoon Fencing)'
• o Drawing No. 535/010/1 entitled 'Pipe Ramp - (Vehicle / Pedestrian) - Outline Plan'
• o Drawing No. 535/011/1 entitled 'Trucking Route Accommodation Works'
• o Drawing No. 535/012/1-1 entitled 'East and South Lagoon Elevations'
• o Drawing No. 535/012/1-2 entitled 'East and South Lagoon Elevations'
• o Drawing No. 535/007/1-(2,3,4) entitled, 'Concept Lagoon (Elevation) - A1 1:100

• 12. Supporting Information as set out below

• o Untitled Plan showing rights of way in blue and brown, date stamped as having been received 30.11.18
• o Two Plans showing Registered Trees, both date stamped as having been received

• 11.12.18

• o Two drawings entitled, 'Multibeam Bathymetric Survey, Peel Harbour Marina both date stamped as having been received 11.12.18
• o Six Manx Utilities Asset Maps (drainage, water and electricity) all date stamped as having been received 11.12.18
• o Six Maps from Vodafone all date stamped as having been received 11.12.18.

Date of Issue: 8th March 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

All correspondence which led to the assessment and decision is 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 This decision refers only to that applied for 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/

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.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.