2 October 2012 · Committee
Louisa Mine East, East Foxdale Road, Foxdale, Isle Of Man, IM4 3hl
Permission was granted for the remediation of a contaminated site at The Deads, Foxdale Road, Foxdale, Isle of Man, along with the erection of a detached dwelling and associated landscaping works. The site is part of a larger area known to have extreme levels of heavy metal contamination, which made remediation a central part of the proposal. A wildlife survey also recorded lizards on the site, indicating ecological sensitivities that would have been considered as part of the assessment. The Planning Committee approved the application on 2 October 2012, in line with the officer's recommendation. The approval was granted subject to 12 conditions.
The Planning Committee approved the application on 2 October 2012. The officer had also recommended approval. The decision was subject to 12 conditions, reflecting the complexity of the site, including its known heavy metal contamination and the presence of wildlife.
Policy F/P/E/2
## 2.17 F/P/E/2 - POLICY In areas where there is a known risk of heavy metal pollution (see paragraph 2.2i), the following guidelines must be applied when a development is proposed: i. any development proposal must be accompanied by a full site investigation including both geotechnical and geochemical reports. ii. planning applications should address the best practical options for dealing with any contaminated fill either by removal to an approved site or by isolating it in situ. iii. where, for historical reason mine spoil is existing within a development and it is unrealistic to remove/cap it, then adequate landscaping should be specified. This may include a low-cost solution of revegetation with indigenous species provided that the Department can be satisfied that an adequately stable surface can be created. This is particularly important where slopes in spoil are adjacent to stream courses and in such cases the Government may wish to enter into a joint scheme to obtain other benefits for the community such as an access, nature trail or river bank stabilisation programme. If possible, any future landscaping scheme should include an area of impeded drainage in the hope that nature can be assisted to re-create the varied and valuable plant community previously existing and including northern marsh orchid Dactylorchis and Adderstongue Fern, Ophioglossum Vulgatum. iv. where proposals contain existing or proposed slopes made or cut into toxic fill/mine waste adequate attention must be paid to slope stability, likelihood of gullying or other threats which may mobilise toxic materials to the environment. v. planning applications should show how any toxic fill is to be prevented from being mobilised both during the course of development and afterwards. vi. surface and stormwater drainage must be fully specified in plans where the land contains toxic fill/mine spoil. The general principle will be to keep surface waters and subsurface drainage away from the fill where practical. Thus drainage from roofs and tarmac/concrete must be routed through solid-walled pipes to the stream network. vii. if possible schemes should be value-added in environmental terms: for example where field drains carry water into an adjacent area of spoil the developers should be encouraged to construct interceptor drains to avoid water entering spoil beneath the development. viii. no soakaways will be permitted in these areas. ix. plans which show proposed open space (grassed areas, gardens, etc.) over toxic waste should show in adequate detail how toxic material is to be isolated from both exposure at the surface and the ingress of drainage water. This will normally mean either the use of clay or installation of a membrane barrier. x. no bare ground, either as open space or trackways, made of spoil or toxic waste should be permitted. Where activities are likely to cause wear to the surface then those areas should be capped with an inert cover to a standard specification. xi. a condition may be attached to any planning approval granted such that adequate aftercare/landscaping is undertaken. NOTE: Further to the Government obtaining other benefits from the development, such as a nature trail, the Manx Nature Conservation Trust may be of assistance in terms of practical land management to conserve and enhance the habitats and their constituent flora and fauna, production of a nature trail, provision of interpretation boards leading guided walks and field study/educational courses, giving talks and slideshows to the local community and other groups.
Environment Policy 27
Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores. 7.22 Unstable Land 7.22.1 The policy set out below aims to safeguard life and property from ground instability such as landslips and subsidence. Therefore, unless mitigating measures can be taken, development will not be permitted where it would be at risk from unstable land or increase the risk of ground instability elsewhere. 7.22.2 It may be necessary for a developer to undertake a specialist investigation and assessment to identify any remedial measures required to deal with ground instability. It may also be appropriate to carry out monitoring after the development has taken place. Ultimat ely it is the responsibility of the developer to ensure that land is safe and suitable for development. Whilst the Department will try to ensure that a development will not be put at unacceptable risk, the subsequent liability for safe development and sec ure occupancy of a site rests with the developer and / or landowner.
Condition 1
This permission relates to the erection of a dwelling and associated landscaping, access, remediation and drainage works all as shown in drawings 01A, 02B, 102, 103 A, 104A, 105, 106, 110A, 111B, 151A, 01D, 02F, 03E, 11A, 12A all received on 26th July, 2012 and 107B and 108B both received on 13th August, 2012, together with the method statement for The Translocation of Orchids, the Ecological Management Plan 2012-2022, the Planning Statement relating to site remediation, site hydrology and drainage, all date stamped 26th July 2012.
Condition 2
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 3
Once commenced, the approved works including site clearance, must all be completed within 2 years of the date of commencement.
Condition 4
Site clearance may be undertaken only within the period between May and September in order to mitigate the impact on lizards on the site. A watching brief for lizards must be maintained during site clearance and construction works and any lizards sighted must be relocated by a qualified ecologist.
Condition 5
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 6
During any works to existing mine shafts on site, the applicant must ensure that there is no adverse impact on bats which may be roosting there: bats are protected under the Wildlife Act 1990.
Condition 7
The implementation of the landscaping scheme may not include any species which falls under Section 14 of the Wildlife Act 1990 (Amendment) Order 2011. This includes montbretia.
Condition 8
The ecological management plan must include a means of measuring the success of the translocation of the orchids. Details of this must be approved by the Planning Authority prior to the occupation of the dwelling and the translocation carried out thereafter in accordance with the approved details. The ecological management plan must also include maps illustrating the proposed management.
Condition 9
During the undertaking of the approved works, including site clearance, and particularly in respect of areas of the site where there are features of archaeological interest, the applicant must undertake an archaeological watching brief with any findings recorded and reported to Manx National Heritage.
Condition 10
The land on the south western side of the road leading to Stoney Mountain Road may be used, after reclamation, as open space and not part of the residential curtilage of the approved dwelling.
Condition 11
The grassland habitat on the road verge must be retained and protected from clearance and planting during the proposed works (except for the reduction of the roadside mound which should be undertaken following agreed methodology to reduce damage to the orchids) unless otherwise agreed by the Planning Authority. The area of grassland in the centre of the site that includes the highest concentration of northern marsh orchids as identified on the ecological survey should not be excavated or otherwise worked until such times as the area of interest to marsh orchids has been translocated to an appropriate receptor site.
Condition 12
All willing to be created as habitat for lizards, must be unmortared so that the lizards have access to the core of the wall.
