Loading document...
Application No.: 24/91422/B Applicant: Corlett Building Materials Ltd Proposal: Extension of existing sand and gravel quarry, extraction of sand and gravel for processing on site, restoration of the land to natural habitat Site Address: Ballaharra Quarry Peel Road St Johns Isle Of Man IM4 3RB Planning Officer: Hamish Laird Photo Taken: 24.03.2025 Site Visit: 24.03.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 04.08.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
After which the site shall be restored and the aftercare period concluded in its entirety in accordance with the approved detailed restoration and aftercare schemes as required by conditions 5 and 7.
In the event that the projected extract-rate would not allow for the contours shown on Drwg PL07 to be achieved on or before 60 years from the date of this permission, the details to be submitted shall also include an alternative restoration scheme, or an alternative method for achieving the contours shown on said plan together with a timetable for implementation
Reason: to ensure that the development is carried out in accordance with the submitted and approved details.
Reason: To provide adequate safeguards for the retained areas of boundary vegetation around the site.
Reason: In the interests of visual amenity and to secure a high quality form of development that would readily assimilate into its surroundings.
Reason: To ensure the satisfactory restoration of the site and to assimilate the post development workings into the landscape in an effective and ecologically beneficial manner.
07.30 to 12.30 hrs. Saturday. The quarry shall not operate on Sundays or Bank Holidays, except in emergency situations.
Reason: In the interests of maintaining the visual amenity of the site and surroundings; and, to protect any nearby residential neighbours' amenities in respect of undue noise and disturbance
Reason: To protect public safety and prevent accidents or unauthorised access to potentially dangerous areas following the cessation of quarrying activities.
The planning application proposing the extension of the existing sand and gravel quarry, the extraction of sand and gravel to be processed on site, and the restoration of the land to natural habitat albeit still as a redundant quarry, is in this instance considered to represent an acceptable form of development that has been designed to ensure that it would not result in visual harm to the character of the site and its rural surroundings, or result in harm to the use and enjoyment of any nearby residential properties. It accords with planning policies Spatial Policy 5, General Policy 3 e) and g); and, Minerals Policy 1; Environment Policies ENV1, ENV4, ENV5, ENV22 and ENV23; Business Policy B1; Transport Policies 4, and 7; and in the Isle of Man Strategic P 2016.
This decision relates to the following drawings and supporting information received on 21st January, 2025, referenced:
and to the following additional information and Drawings received on 23rd June, 2025, comprising:
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Department of Infrastructure Highways Services - No objection. German Parish Commissioners - No objection.
_________________________________________________________________ Officer’s Report
THE APPLICATION IS BROUGHT TO THE PLANNING COMMITTEE FOR DECISION AT THE REQUEST OF THE ACTING HEAD OF DEVELOPMENT MANAGEMENT
0.0 PREAMBLE - 0.1 As an application that falls within the definition of General Importance (Section 45A of the Town and Country Planning Act) (the Act), which relates to applications that:
0.2 Pursuant to Section 11 of the Act, DEFA referred the application to Council for them to consider whether or not they wish to determine it, at its Meeting on 27th February, 2025, (Paper: 2025/089) where after consideration Council agreed that it did not wish to determine the application.
1.0 APPLICATION SITE - 1.1 The site is located in open countryside on the north side of the St. Johns to Peel Road (A1), German, Glenfaba, approx. 2 km to the east of Peel, and similarly, 2km to the west of St John's. It comprises an existing operational quarry for the extraction of sand and gravel materials. The Site also manufactures and supplies Ready Mixed Concrete, traditional and liquid floor screeds as well as a range of ready to use mortars and renders. The Site has been active in its current format since 1966. - 1.2 The Site also comprises adjacent pasture fields to the north and east as well as derelict farm buildings to the north-east of the quarry. Grassland pasture with scrub and hedgerow boundaries surround the Site on all sides. The River Neb is located c. 200 m south of the Site and approx. 300 m from the proposed extension area. A disused railway line, which is now a recreational bridleway and cycle path borders the Site to the east. Isolated areas of woodland are located in areas between pasture grassland fields. Single dwellings and farm buildings are scattered throughout the surrounding landscape.
2.0 The Proposal - 2.1 The Full planning application proposes the extension of the existing sand and gravel quarry, extraction of sand and gravel for processing on site; and, the restoration of the land to natural habitat. The application is accompanied by a full set of drawings showing the sites location, extent of the existing quarry proposed site layout and the proposed restoration plan. An Environmental Impact Assessment (EIA) dated December, 2024 some amendments in June 2025, provides chapters covering the following details:
2.2 A full project description is provided in Chapter 2 of the EIAR. In summary this is as follows: "Development Overview & Phasing
4.9 The proposed quarry extension applied for under this current planning application is shown on Figure 2-2 - Quarry Extension Layout and Figure 2-3 Cross Sections for the EIAR and will consist of:
4.10 Extraction will be undertaken in two phases, as shown on Figure 2-2, Phase 1 extending the existing quarry face in a northerly direction, and Phase 2 extending the existing quarry face in a north-easterly / easterly direction. - 4.11 Future quarry extraction is expected to remain in line with the current levels c. 8,400 tonnes per year. Therefore, working hours, noise, dust, traffic and any other operational effects will be similar to those currently experienced from the existing quarry operations. - 4.12 At this annual extraction rate the estimate life of the reserves is c. 60 years. Removal of Topsoil & Overburden Soils - 4.13 Topsoil and overburden removed (if any arising) on phased basis as part of the quarry extension development will be utilised in restoration of the quarry as areas become available and in the final quarry restoration. - 4.14 There will be no requirement remove topsoil or overburden off site. Stability of the Quarry - 4.15 The final quarry faces have been designed for a final slope angle of 35 to 40 degrees (measured from the horizontal) that will facilitate natural vegetation and recolonisation as is evident within the existing quarry. This will ensure long term stability of the final quarry faces. - 4.16 Geotechnical assessments of the quarry are conducted on a regular basis, in accordance with the requirements of the health & safety authority. This facilitates an ongoing review of the stability of the quarry faces over the lifetime of the quarry. Method of Extraction - 4.17 Sand and gravel material will be extracted from the operational faces by mechanical excavation using tracked excavator and / or loading shovel. - 4.18 No blasting is required or will be required as part of the quarry operations. - 4.19 Once extracted, the sand & gravel will be transferred to the Processing Area for processing using the existing semi-mobile screening and washing plant located within the existing quarry floor.
2.3 Subsequent to discussions with the applicant, two emails were received on 18th June, 2025, containing the following additional information:
2.4 The covering letter outlined responses to questions raised with replies as follows: Case Officer: Concerns regarding areas of vegetation to be retained:
Response: "The vegetation to be retained along the boundaries of the extension area comprise existing gorse dominated hedgerow and proposed new native hedgerow. The root protection area required for such hedgerows is very small. Based on consultation with our landscape architect it is proposed to install a 1.2 metre high post & wire fence c. 1 metre distance from the edge of the existing and proposed hedgerows along the proposed extension area boundary, as delineated by the purple line on Drawing PL07 Rev01 enclosed."
Case Officer: Working hours: Regarding working hours and the potential impact of workings on Bats on and around the site area, this is as set out in the EIAR Chapter 2 - Project Description Section 2.21 Working Hours:
Response: "On this basis, the quarry will only be operating during the hours of darkness for a maximum of 2 to 3 hours a day during the winter months November, December, January. During these limited periods of operating in darkness the mobile machinery in the extension area will use their in-built lights. There will be no permanent lighting required in the quarry extension area, and there will be no change required to the current lighting in the existing operating quarry area.
Furthermore, bats enter hibernation in November for 4 to 5 months (i.e. to March / April). On this basis there will be no bat activity around the quarry extension area during the winter months when the operations are being carried out during limited periods of darkness."
Case Officer: Concerns raised regarding the submitted plans indicating what appears to be an area of grassland to be retained as being quarried: Response: "The proposed quarry extension extraction area is shown on planning drawing PL05. An updated EIAR Figure 4-3 Habitat map enclosed with the red line planning application boundary clarified shows the location of an area of neutral grassland within the proposed extraction area and EIAR Chapter 4 Biodiversity Section 4.134 Other Neutral Grassland (g3c) states: "An area of other neutral grassland was located to the east of the existing quarry and forms part of the proposed extraction area. The total area of this habitat was c. 0.09 ha. This habitat comprised unmanaged grasses that were not grazed and formed a long sward of largely tussocky grasses with few forbs." It is proposed to quarry this area and EIAR Chapter 4 Biodiversity - Table 4-13 under Common Lizard provides for retained habitats within the overall site (refer to other neutral grassland areas south of the application area indicated on EIAR Figure 4-3 enclosed) to continue to protect and support this species during the operational and restoration phases of the development:
Case Officer: Drawing No. PL07 does not show that existing hedging on the site would be sufficiently protected as the development progresses and I question whether any aftercare proposed would be sufficient to ensure the hedges retention and longevity.
Response: "Drawing PL07 Rev1 enclosed has been updated to show the installation of protective fencing set back c. 1 metre distance from the edge of the existing hedgerows and proposed hedgerows along the perimeter of the proposed extension area, refer also to the first clarification response above."
Case Officer: Concerns raised that Drawing No. PL07 by SLR Landscaping that allow works of restoration are proposed to be carried out as per the details shown on the drawing. The EIA indicates that the site is proposed to be restored to agricultural use but does not advise how this would be achieved. Drawing No. PL07 does not specify finished land levels, proposed fill material (if any); how any water within the quarry area is to be managed, or whether it is to be left as a wetland feature/lake; or, how any drainage of the site post development would be undertaken, implemented and managed to ensure that there was no flooding or groundwater pollution arising from the site post restoration.
Response: "The site will be restored to natural habitat afteruse as detailed on Drawing PL07 Rev1 and the Landscape, Restoration and Aftercare Management Plan (May 2025) enclosed. As detailed in the Restoration Phase text on the drawing:
"On completion of the extraction works all plant, stockpiles and machinery will be removed from the quarry floor. Any overburden materials stored on site will be spread over the quarry floor and all will be left for natural regeneration. This will result in the establishment of grass / wildflower / scrub species suitable for the sandy ground conditions, as is already the case in
part s of the site that have not been worked for a number of years. Any existing vegetation and the settlement pond will be retained for additional biodiversity benefit (note: rainwater will naturally infiltrate the sandy ground, so that no further drainage needs to be installed".
There will be no risk of flooding arising from the site post-restoration.
The final restoration provides for removal of all plant and machinery from the extension area, refer to Section 2.3 of the Landscape, Restoration and Aftercare Management Plan (May 2025) enclosed. There will be no fuel storage within the quarry extension area. On this basis all potential sources of pollution will be removed during the final restoration of the extension area and there will be no risk of groundwater pollution arising post-restoration.. Typographical errors in EIAR Chapter 1 Introduction; Chapter 2 Project Description and Chapter 4 Biodiversity have been corrected to confirm the site will be restored to natural habitat afteruse, refer to Chapter 1 Rev1; Chapter 2 Rev1 and Chapter 4 Rev1 enclosed."
Case Officer: Requirement for a full Aftercare Management Plan for the site should be submitted to demonstrate that the aftercare management of the site, and the timings of the works involved, to show that when fully implemented, the Plan is robust and effective. More details of these elements were requested so that any and all aftercare proposals can be comprehensively considered.
Response: A detailed, robust and effective Landscape, Restoration and Aftercare Management Plan (SLR, June 2025) has been prepared for the site by Ms. Anne Merkle, SLR Principal Landscape Architect, refer to copy enclosed.
Case Officer: I should be grateful of you would provide details of the effect of the proposed development on public footpaths, particularly Footpath No. 361. Response: The effects on views from the public footpath to the east of the site (note: it is assumed that this is Footpath No. 361, which forms part of the 'Wild West' walking route, as promoted by www.visitisleofman.com) were assessed in Chapter 9 - Landscape of the EIA report. The recreational users of this footpath were identified as sensitive visual receptors and were afforded high-medium sensitivity. Two Viewpoints from the relevant section of this footpath were included in the EIA report to aid the appraisal of the magnitude of visual effects (refer to Viewpoints A & B on Figure 9-2, submitted with the EIA report), which was assessed as slight. Combined with the high medium sensitivity, the overall visual effect was assessed as moderate/minor, which will be negative for the duration of the development, however, which is not considered significant. Please refer to the impact assessment section of Chapter 9 Landscape of the EIA report for further detail, in particular Tables 9-5, 9-6 & 9-7."
4.26 The Ecosystems Policy Team has been consulted on the above revisions and comments received on 23/6/25 are outlined below in Section 5 of this Report.
3.00 Relevant Site History - 3.1 The site has been the subject of previous applications for alterations and extensions relating to the quarry and the recycling operations which take place on the site, none of which is considered relevant to the consideration of the current application. Of specific relevance are the following applications:
96/00745 - A) Change of use of Field No. 3647 to sand quarry and B) Excavation below the water table part fields 3944 and 4653, and re-instatement with inert materials, Ballaharra, St Johns, German - permitted 6/11/1996.
88/00023 - Erection of new building and batching plant at Ballaharra Brickworks, Peel Road, Ballaharra, St Johns, German - permitted 18/5/1988.
4.00 Planning Policies - 4.1 The site lies in the open countryside outside of the recognised settlement boundaries of both Peel and St John's which it lies between on the north side of the A1. In the 1982 Development Plan, South Map. The existing site is shown as an 'Area for Surface Mineral Working' which is adjoined on all sides by land not allocated for any particular purpose. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance. - 4.2 In the Draft Area Plan for the North and West (2024), which has been the subject of a Public Local Inquiry with modifications proposed following receipt of the Inquiry Inspector's Report, the site is shown as a Quarry lying outside the recognised settlement boundaries of both Peel and St John's. - 4.3 In the Isle of Man Landscape Character Assessment 2008, the site is identified as lying within the Incised Slopes Character Area - D8 - Peel. Amongst its key characteristics are:
The Overall Character Description is outlined as: "Gently sloping land that gets increasingly more undulating near the built-up area of Peel. Notable rounded mounds at Poortown and Cronk Lheannag. This undulating area is covered by large angular pastoral and arable fields. Few hedgerow trees in the Manx hedgerows create a relatively open character. Rougher heath vegetation grows on the rounded hills such as on the mound above the Poortown quarry, where granite and dolerite are extracted from an open face quarry. This, along with two other quarries in the area, are visible from various locations within the area. The area is relatively un-wooded with the notable exception of woodland blocks on some of the rounded hills and around the various small scattered farmsteads. These are accessible via numerous small, sometimes singlelane roads that are enclosed in sections by high Manx hedges with gorse and thorn hedges.
The dismantled railway forms a strong linear element north-south throughout the area with the A1 and A20 Poortown roads that run parallel to one another, forming two noisy and enclosed linear road corridors within the Peel area. The urban edge of Peel is not always clearly defined and had bled somewhat into the surrounding large arable and pastoral fields patterns, enclosing some fields near Peel Clothworkers School and along the A1 and A20 around Ballawattleworth where new development has occurred. Within this area are a number of tumuli, including the 'Giant's Cairn' on top of the mound above Poortown quarry, from where panoramic views over the whole area are gained. The busy road corridors, built development of Peel and the quarries all contribute to a relatively settled and disturbed character, but with an increasing sense of tranquillity in the northern portion of the area adjacent to the less developed Cronk-y-Voddy."
The Overall Landscape Strategy "should be to conserve and enhance the character, quality and distinctiveness of the area with its open fields, its roads enclosed by Manx hedges and its scattered traditional farmsteads fringed by woodland."
Isle of Man Strategic Plan 2016 (IoMSP), the following policies are considered relevant:
Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
Paragraph 6.3 Development outside of areas zoned for development General 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:
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 overriding 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.
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.
Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Minerals 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;
An Environmental Impact Assessment will be required for applications including the winning and working of minerals.
5.1 Department of Infrastructure Highway Services (30/1/25) comments:
"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there has been no safety concerns with the current operation of the site i.e. no accidents attributed on the highway network, and the proposals will have a similar traffic generation as existing. Conditioning operational size of development on permission would be beneficial if achievable (for vehicular safety and amenity purposes)."
5.2 German Parish Commissioners (14/2/25) comments: 'No objection'. - 5.3 DEFA Ecosystems Policy Team (EPT) (7/2/25)
"Comments on behalf of the Ecosystem Policy Team General Stance No objection subject to condition.
Detailed Comments
The Ecosystem Policy Team can confirm that SLR's EIA Biodiversity Chapter is all in order and that a suitable level of assessment has been undertaken.
SLR concluded that there were a number of potential construction and operational phase ecological impacts. However, many of these can be impacts can be avoided or mitigated through responsible work practises that are already ongoing throughout the site (e.g. avoidance of active sand martin nests, water dousing to prevent dust etc.).
We are supportive of the proactive mitigation which is to be provided in the form of a new hedge around the phase 2 extraction site in field 314741, which is to be planted on commencement of phase 1, in order to give the planting time to establishment. This will help to mitigate against the hedge removal in Phase 2. We can confirm that we are content with the timescale for this planting, as well as the location and species as shown in the SLR Landscaping and Restoration Plan Drawing (Drawing PL07). However, though the planting specifications consider the use of a rabbit proof fence, should the remainder of field 314741 still be grazed by livestock after planting, the trees will need to be protected from the livestock via the installation of a stock proof fence, until they are sufficiently established. We assume that a fence will be required anyway to keep livestock away from the phase 2 extraction site anyway.
Additional consideration should be given to the potential for common lizards, please see the below additional information. Potential conditions
Works to be undertaken as per the SLR Landscaping and Restoration Plan Drawing (Drawing PL07).
No works to commence on Phase 1 until fencing around the root protection areas of boundary vegetation has been erected. This must retain in place throughout the development. With the same condition for Phase 2.
All artificial lighting to be directed away from surrounding habitats and only utilised during the winter months. Additional information
Priority should be given to undertaking vegetation removal outside the breeding bird season (March to August inclusive). Should vegetation removal be necessary during the breeding season, this will require a nesting bird check by a suitably qualified ecologist immediately prior to its removal. Any active nests will be suitably protected with a buffer (to be confirmed by the ecologist) until all chicks have fledge.
Though not specified within the EIA, we believe that additional measures need to be put in place for the protection of common lizards, as the area of neutral grassland (photo 4-3) adjacent to the sparsely vegetated urban land and quarry boundary with scrub (photo 4-1 in the Biodiversity Chapter), to the east of the existing quarry, and which are to be impacted by the extension, have the potential for lizards. The vegetation in these areas should be removed outside of the bird breeding season, in line with the above noted breeding bird protection measures. Following this, the raised earth banks and piles of stone, should be removed between April - October, when lizards will be active and able to relocate to adjacent habitat. Should lizards be found then the Ecosystem Policy Team should be contacted on 651577. The areas of neutral grassland, scrub and sparsely vegetated land and are shown in Figure 4-3 of the EIA Biodiversity Chapter (copied below for ease), marked as areas B31, B8 & B30.
The Ecosystem Policy Team acknowledge the presence of the active sand martin breeding colony in the quarry. Sand Martin are listed on Schedule 1 of the Wildlife Act 1990.
All wild birds, their active nests, eggs and chicks are legally protected against damage, destruction or injury. In addition, birds listed on S1 are protected against disturbance whilst at the nest.
The Ballaharra Quarry already utilises measures for the protection of this breeding colony and provides sand martins with the sand banks they require to breed. The sand martins are also not disturbed from breeding by the quarrying activity. The Ecosystem Policy Team are therefore content that the sand martins are considered sufficiently and no additional mitigation measures for their protection are required.
5.4 DEFA Ecosystems Policy Team (EPT) (23/6/25) Subsequent to the receipt of additional information from the applicants, the comments received on behalf of the Ecosystem Policy Team are:
General Stance No objection subject to condition
Detailed Comments The Ecosystem Policy Team can confirm that we are content with the updated details, including Ballaharra EIAR Chapter 4 Rev 1 - Biodiversity, updated Landscaping and Restoration Plan (Drawing PL07 Rev 1) and Ballaharra Quarry Extension Landscape, Restoration and Aftercare Management Plan.
Potential conditions
6.1 The main issues to be considered in this case are:
6.2 Principle of development - Need for mineral extraction
6.3 Visual impact on the site and surroundings
6.5 Traffic generation and high safety
6.6 Other matters
nor would it result in any harm to the use and enjoyment of any nearby residential properties, or to highway safety.
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
Decision Made: Permitted Date: 11.08.2025 Signed : Mr Hamish Laird Presenting Officer
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Copyright in submitted documents remains with their authors. Request removal
