Officer Report

Application No.: 25/10101/AIR Applicant: Mr Oliver O'Meara Proposal: Information in relation to condition 2 of PA 23/01042/B providing details for the Construction Environmental Management Plan (CEMP) and Construction Environmental Statement (CES) outlining measures to be put in place to protect nesting birds, roosting bats and surrounding habitats. Site Address: Claughbane Quarry Claughbane Plantation Mountain Road Ramsey Isle Of Man Recommending Officer: Charlotte Crowe Recommended Decision: Permitted Date of Recommendation: 22.07.2025 In this instance of the submitted documentation and after consultation with the relevant Department confirming that they are happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning condition 2 of application 23/01042/B, under the understanding that the development shall not be carried out unless in accordance with the approved details. ## Plans/Drawings/Information; This decision hereby approved relates to documents submitted to the Department titled: APPLICATION FORM and 25_18 CLAUGHBANE PLANTATION CAR PARK CEMP FINAL, recorded as being electronically received by the Department on 14.07.2025 __________________________________________________________________________

Officer’s Report

1.0 Description - 1.1 The proposed application 23/01042/B for creation of a car park was approved after appeal on 13.05.2025 subject to 5 conditions, some of which required submission of additional information prior to the commencement of works. - 1.2 This report is specific to Condition (2) which the applicants are seeking to satisfy.

The specific wording of the condition is as follows: No works shall commence until a Construction Environmental Statement (CES), has been submitted to and approved in writing by DEFA Planning. The CES shall outline details of the measures to be put in place to protect nesting birds, roosting bats and surrounding habitats.

The CES must include the mitigation recommendations contained in section 5 of the MWT's Protected Species Report - Tree Inspection for Bats (Chiroptera) dated October 2023 and the eradication measures contained in sections 1.6, 1.7, 1.9 and 1.10 of the MWT's INNS Management Plan (Technical note) dated October 2023. The works must be undertaken in strict accordance with this agreed statement.

REASON: In the interests of preserving, maintaining and enhancing the Ecology of the site and offering protection to nest birds and Protected Species such as Bats in accordance with the provisions of Policies ENV4 and ENV5 in the Isle of Man Strategic Plan 2016.

2.0 Proposal - 2.1 The applicant's agent has submitted a detailed Construction Environmental Management Plan (CEMP), along with a duly completed AIRC form on the 14.07.2025. - 2.2 The Construction Environmental Management Plan (CEMP) outlines the following (in Part):

This CEMP acts as a CES for the site. The aim of the CEMP is to provide a document for the development that enables site managers and operatives to carry out the proposed development in such a way that mitigates any significant adverse impacts upon the ecological/biodiversity interest of the site. More practically it contains a table of action for site team to use and sign off to ensure integration of environmental/ecological measures.

From these surveys the key biodiversity receptors and requirements for this CEMP identified are:

• o Avoidance of disturbing and/or mortality of bats as well as their habitat on site.
• o Avoidance of disturbing and/or mortality of nesting birds on site.
• o Avoidance of negative impacts to retained habitats including woodland and ground flora.
• o Avoidance of the spreading schedule 8 non-native invasive plants (IoM Wildlife Act 1990)

2.3 Tables have been provided which summarise the main potential environmental/ ecological issues and addresses key requirements of the condition that has been imposed (condition 2) along with a site plan for the proposed car park. - 2.4 The following Reasonable Avoidance Measures (RAMs) will be adhered to for any enablement and construction work on the site.

• o The cutting back or removal of tall shrubs and trees will be done outside the bird nesting season (March to August inclusive).
• o If this is not possible shrubs and trees will first be checked by a suitably experienced ecologist prior to any removal / cutting. Checks will be done no more than five days prior to the work being undertaken.
• o As birds can potentially nest at any time of year, if there is (at any time) any clear evidence or suspected evidence of breeding birds within the working area or in proximity to works so as to be adversely impacted by the works, all works must be temporarily suspended and advice sought from a suitably qualified ecologist. Examples of activity to consider are the finding of nests, nests with eggs, adults carrying nest material or food in their beaks, sounds of calling young birds, agitated adult birds repeatedly calling.
• o If any nests are found (including in the process of being built) the nest is to be safeguarded until all young have fledged and are independent of the nest.
• o Any bird injury or mortality is to be reported to the Ecology Vannin and details of Manx Wild Bird Aid (https://www.wildbirdaid.com/ mob 242777) are available to the site manager if any bird rescue is required. If the bird is in immediate danger operatives can place the bird in a suitable receptacle (with ventilation) prior to calling for assistance.

2.4 Mitigation & Precautionary Working Methods:

• o A suitably qualified ecologist should carry out a more thorough inspection of PRFs no more than 3 days prior to felling and should supervise any felling activities.
• o Trees containing PRFs (as identified in Table 1 of the Tree Inspection Report) should be soft felled, as follows: o Any PRF's identified must be carefully removed without cutting directly through any rot holes or crevices. These parts must be laid on the ground for 48 hours with any access points open to allow any bats that may be using the features to leave. The remainder of the felled / logged tree should also be left on the ground for 48 hours before moving or chipping the wood.
• o Should any bats be encountered during felling activities work should stop immediately and Ecology Vannin should be contacted on 07624 261233 for further advice. If the bat is in immediate danger, site operatives can place the bat in a ventilated receptacle and contact Manx Bat Group Helpline 366177.
• o Should any crevices, rot holes or plates of lifting bark be found (and are requiring to be impacted) that have not been highlighted by this report, the advice of an ecologist should be sought.
• o If any trees not identified in the report require felling for this development, then an ecologist should be consulted for inspection of those trees prior to felling.

2.5 Ongoing Management:

• o Hand weeding of Pendulous Sedge once per year (to occur in late summer when the plants are visible and large enough to handle) within the Carpark boundary or immediate area will likely be required for the next 10+ years until the seedbank is exhausted.
• o Continued monitoring of Schedule 8 non-native invasive species should occur following completion of the car park with further efforts employed to prevent the spread of these species.

3.0 Consultation - 3.1 The recommending officer of the original application was consulted for advice on the satisfaction of condition. The advice received on (30.07.2025), after their review of the submitted documents, concludes that they are pleased to confirm that the information satisfies the relevant clauses. - 3.2 The Department's Ecosystems Policy Team were consulted for advice on the information that has been provided. The following comments were received:

"The Ecosystem Policy Team are content with Ecology Vannin's Construction Environmental Management Plan dated July 2025. All construction work on site should be undertaken in full compliance with the listed protection measures." 21.07.2025

4.0 Recommendation - 4.1 In this instance of the submitted documentation and after consultation with the relevant Department confirming that they are happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning condition 2 of application 23/01042/B, under the understanding that the development shall not be carried out unless in accordance with the approved details.