Pooil Vaaish Quarry Officer Report

Table 1 Summary of Proposed Quarry Movements 26 The applicant has confirmed that overburden and limestone will not moved off site on the same day (PVQ e-mail 17/09/12). Records of tonnages of mineral and overburden removed off site and vehicle movements will be maintained by the operator and will be made available to the planning authority on request. 27 Following discussions with DOI Health and Safety at Work Inspectorate (HSWI) the applicant proposes to operate a one-way traffic system within the quarry, with separate accesses maintained for access and egress (PVQ e-mail 16/11/12). There is potential for pedestrian/HGV conflict along the Raad ny Fiollan, specifically at the quarry egress. Segregation of pedestrians and vehicles at this point is not possible as it would force pedestrians towards the seaward edge of the path and steep drop to the beach. Following consultation with DOI HSWI it has been agreed that a stop sign at the egress with signage highlighting the need for HGV drivers to beware of pedestrians will be sufficient. Dust 28 The activities on site do not generally give rise to creation of dust. A potential source of dust is during the annual campaign crushing of stone. However this takes place within the excavated part of the quarry which acts to contain any dust. No blasting of limestone is proposed. Noise, vibration 29 The application states that with the exception of campaign crushing and screening once a year, none of the plant or equipment is very noisy. Equipment operated on site includes an excavator for loading wagons and a hydraulic guillotine for processing building stone. The guillotine is silent producing an intermittent cracking sound when the stone breaks. Drilling the holes for block mineral extraction takes approximately 20 minutes per block. Surface water 30 The existing natural drainage system for the quarry will continue to be used, with improvements to the pipe outfall to Bay ny Carrickey during construction of the buttress referred to in Para 12. Ecology 31 The quarry lies adjacent to the Pooil Vaaish and Scarlett Peninsula Coast Area of Special Scientific Interest (ASSI). The ASSI is important for both its wildlife habitats and geology including salt march and species rich in coastal grasslands. 32 The quarry is currently a working quarry. Sand martins have been discovered nesting in the sandier quarry faces, and stone extraction in these areas is suspended until after the nesting season. Where parts of the quarry have been inactive for prolonged periods, and where areas of standing water have been left undisturbed, these features have been colonised by reeds. In addition birds have occasionally been found nesting on the exposed limestone beds. These features have been built into the proposed site restoration scheme. ### Archaeological 33 The applicant identifies the proximity of the Close ny Chollagh Coastal promontory Ancient Monument. However as there is no proposal to extend quarrying operations beyond current field boundaries the proposal will not impact on the Ancient Monument. MNH has subsequently identified that part of the haul route can be utilised by visitors to the Ancient Monument adjacent to the former Balladoole Quarry, Chapel Hill. ### Plant and Equipment 34 There will be no fixed plant or equipment on site. Plant will consist of an excavator for moving limestone blocks and loading; a trailer to transport dimension stone; and wagons for the removal of overburden or screened crushed rock. Once a year a mobile crusher will be brought on site to process the stockpile of waste rock. The applicant has confirmed the crusher has a maximum output of approximately 60 tonnes per hour. It is fitted with acoustic covers and operates within the noise limits for operation within a predominantly residential area. The crusher will be delivered to the quarry on an articulated trailer, the dimensions and weight of which are within road and bridge strength limits. 35 With the exception of one cabin unit for the storage of tools etc, and the concrete hardstanding, all structures currently on site will be removed. ### Site Security 36 The site boundary will be fenced with stock proof fencing, and the gates at the entrance and egress to the site will be locked when the quarry is not operational. Information and safety signage will be erected around the boundary of the quarry in accordance with the indicative signage boards submitted (16 November 2012). ### Restoration and aftercare 37 The proposed restoration plan for the quarry is indicated in drawings Proposed Restoration Plan and Proposed Restoration Landform' pages 39 and 40 respectively of the application. The applicant has confirmed that the restoration plan on page 41-43 is not part of the application but was included for reference purposes only. The restoration is designed to provide a habitat with a varied biodiversity to reflect the surrounding area as well as provide a feature of geological interest to complement the existing geological significance of the Scarlett peninsula. Following cessation of quarrying, and completion of construction of the buttress, stand off and improved drainage, it is proposed to leave as much of the rock strata exposed on the quarry floor as well as the quarry faces to the north, east and south of the quarry. The configuration of the natural bedding planes in the limestone will enable pockets of standing water to accumulate which it hopes will be colonised by reeds. 38 As part of the final restoration scheme, the applicant suggests the installation of an information board to raise public awareness of the natural environment, geological, cultural and historic heritage of the quarry and area. 39 The applicant has agreed to provide a financial bond to ensure that works can be undertaken to restore the quarry in the event it is no longer being worked. ### Need For the Application 40 The applicant states that the current maximum extraction rate makes the quarry uneconomic to operate and proposes an increase in the tonnage of mineral extracted from the 709.2 tonnes per annum (tpa) currently permitted to 3,500 tpa. The best quality mineral (dimension stone), estimated by DED to be at least 10% of the total mineral extracted, is being sold and exported for processing into a high value high quality product. There is potential to expand further this aspect of the quarry business but this is dependent on securing an increase in the permitted annual tonnage of mineral extracted and managing the overburden and waste rock more effectively. The remaining limestone will be removed off site for use on Island as building stone or general aggregate for which DED acknowledge there is an on-going demand. 41 The quarry produces 3 distinct classes of stone from the limestone beds; dimension, building/walling stone, and waste stone suitable for crushing to produce low quality aggregate. Although there is no definitive percentage split for each of the stone types, the DED have estimated using royalty return information a ratio of 10:25:65. Thus for every tonne of dimension stone extracted, circa 9 tonnes of building/walling stone and waste stone are also produced. 42 Historic information about the use of black limestone in projects such as St Pauls Cathedral and Monument of the Great Fire of London is provided, and the applicant identifies recent and future market possibilities for the material predominantly off Island, and outside Europe. DED acknowledge the uniqueness of the limestone in producing this dimension stone which, as a result of its geological history, is the only source of such material on Island. DED also identify that without the export option it is doubtful whether the quarry would be economically viable, and uphold the exports as raising the profile of the Isle of Man overseas. 43 The applicant identifies suitable markets on Island for the other stone products. Whilst it is not the only source of building stone on Island it is the only limestone quarry producing stone for walling and cladding. This is important to retain the vernacular for use within conservation areas. Waste rock can be used as general fill material. ### Site Designation: 44 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Areas for Surface Mineral Working. The boundary of the designated area appears in general conformity with the boundary of the application. 45 The site lies within an area identified on the Modified Area Plan for the South, published in January 2011) as a Mineral Extraction Site. The exact boundary of the site is not delineated. It is described as 'a small scale black limestone quarry producing largely ornamental and building stone'. The following advice on restoration of mineral workings is given; 'As part of the restoration process those features which are seen as having a historic or landscape interest should be retained.' 46 The site is situated within the wider area described as F8 Undulating Lowland Plain in the Landscape Assessment, and adjacent to E9 Rugged Coastline Bay ny Carrickey. It lies on the boundary of a confirmed SSSI and within a tidal 200 year return for Flood Zone Mapping. 47 Bay ny Carrickey (E9) The overall strategy is to conserve the character, quality and distinctiveness of the tranquil and coastal area with its rich ecological habitats, open and expansive panoramic views, sites of archaeological importance and to conserve the coastal setting of Port St. Mary. 48 Key Views Extensive, panoramic views from Raad ny Foillan across the sweeping and ever-changing seascape to the south. Open views across the bay, with distant sense of enclosure provided by headlands to the east and west. Open views across adjacent Undulating Lowland Plain to the north. 49 Pooil Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area. 50 Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon. Development Plan Policies: 51 The application site benefits from a certificate of lawfulness for mineral extraction. This establishes the principle use of this site for mineral extraction. Assessment of the proposal against policies is therefore limited to the potential impacts resulting from an increase in the annual tonnage of mineral extracted, the removal of the mineral and overburden from the site, and the proposed restoration scheme. Isle of Man Strategic Plan 2007 52 The Strategic Plan policies relevant to the assessment of the proposed development are as follows; 53 Strategic Policy 4: indicates that proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 54 General Policy 2: states that 'development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; 55 Environment Policy 1: states that 'the countryside and its ecology will be protected for its own sake. Development which would adversely affect the countryside will not be permitted unless there is an over-riding 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.' 56 Environment Policy 2: indicates that 'The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification..' The Landscape Character Assessment was published in 2008 and used to classify landscapes within the Area Plan for the South. The designations relevant to the application site are summarised in the section Site Designation. 57 Environment Policy 4: states that development will not be permitted which would adversely affect species and habitats of national importance such as designated National Nature Reserves, or Areas of Special Scientific Interest. It also states that development will not be permitted which would adversely affect, 'species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous.' 58 Environment Policy 10: Flood Risk states that 'Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission.' 59 Environment Policy 11: Coastal development will only be permitted where it would not: i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; ii) prejudice the capacity of the coast to form a natural sea defence; and iii) increase the need for additional coast protection works except where necessary to protect existing investment or development. 60 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 61 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. 62 Business Policy 1 states that the growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 63 Minerals Policy 1 is the most relevant policy against which the application is to be assessed. MP1 requires an application for the winning and working of minerals to be accompanied by an Environmental Impact Assessment. This policy indicates that 'development involving the winning and working of mineral will be permitted only where it is demonstrated that there is a need for the mineral which cannot be met through the provision of secondary aggregate'. The policy also requires applicants to demonstrate that there would be 'no unacceptable adverse effect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the on-site operation itself (including development, maintenance and restoration) or the traffic generated thereby', and that the proposed development meets the following criteria: (b) there would be no unacceptable adverse effect on: a. landscapes and geology/geomorphology features of special interest or attraction; b. ii. Ancient Monuments or their settings; c. iii. Registered Buildings or their settings; d. iv. the character and appearance of Conservation Areas; e. v. sites of archaeological interest; f. vi. sites containing species or habitats of international, national and local importance; g. vii. land drainage and water resources; and h. viii. designated National Heritage Areas; (c) the proposal is acceptable in terms of access arrangements and highway safety; (d) working will be in accordance with a phased scheme of restoration and landscaping; and that (e) the proposal does not sterilize other significant mineral deposits.' 64 The Policy states that exceptionally, national need for a particular mineral may warrant setting aside one or more of these constraints. Technical Information: 65 The DOI has published two reports which are intended to advise planning for provision of minerals and assessment of need. These Technical Reports represent the joint working of DOI, DED and the minerals and recycled aggregate sectors. 66 The Minerals and Secondary Aggregate Technical Group Technical Report (published January 2011) considers the key issues in providing minerals on Island. The Report provides advice on the development of policies and guidance for the winning and working of minerals, and the need for recycled aggregates. It is intended to assist in the determination of planning applications for the extraction of minerals 67 In considering the need for Dimension and Building Stone the Report states that 'The Island needs to maintain a source of stone for use in the repair, refurbishment, extension or construction of buildings within conservation areas, management of listed buildings or to maintain the vernacular character of the area. Ideally this should be indigenous stone, sourced either through the reuse of suitable quality stone arising from demolition projects, or stone won from a local quarry'. It does not address the export of minerals. 68 With reference to Pooil Vaaish or Castletown 'Marble', the report identified that this is 'traditionally used in Castletown for kerbing, and some paving, it has been exported for use in eg the steps to St Paul's in London. Its use is more specialist and restricted, and is not known to have been used in general building works.' 69 The Minerals and Secondary Aggregate Technical Planning Group Annual Minerals Monitoring Report (AMMR) 2012 is the joint industry/government statement on the availability of, and need for, minerals on the Island. The need for mineral reserves is indicated where the total tonnage of permitted reserves falls below the tonnage of mineral forecasted to be needed over the next 10 years. AMMR 2012 identifies that at the end of May 2012, including all mineral reserves in hard rock quarries, the 10 year landbank was exceeded. However excluding reserves within Government owned quarries the landbank falls slightly below 10 years, indicating a need for additional Hard Rock mineral reserves. Pooil Vaaish reserves are included within AMMR 2012 and no additional reserves would be permitted were the application to be permitted. The application will therefore have no impact on the Hard Rock landbank. 70 The AMMR 2012 acknowledges that minerals are exported, but that export is 'limited to specialist products', specifically black limestone at Pooil Vaaish Quarry. The Report identifies that during 2011/2012 Pooil Vaaish had 'developed links with a company in the UK which specialises in sourcing aggregate from small-scale quarrying operations for clients seeking a local alternative to imported marbles and limestones.' Representations: 71 Malew Parish Commissioners indicate they do not oppose the application 72 Arbory Parish Commissioners. Although the application site is in the Parish of Malew access to the site is via land within Arbory Parish. Arbory Parish Commissioners register concern over the potential damage a 'possible five-fold increase in heavy traffic would do to the already damaged surface of the lane from Pooil Vaaish to Balladoole'. 73 Manx National Heritage do not object to the proposal. They comment that the existing quarry operations affects two monuments; Close ny Chollagh to the south of the site, which is identified and discussed in the application; and, Chapel Hill which is adjacent to the former Balladoole Quarry. MNH request that careful consideration be given to the need to achieve and maintain 'high standards of housekeeping' within the quarry, and to limit the rate of extraction and removal of rock and overburden, to ameliorate the impact of the quarry on the surrounding landscape, safety and enjoyment of the public accessing the monuments. 74 MNH also acknowledge the proximity of the site to the Pooil Vaaish SSSI and that some fauna and flora will be disrupted once overburden is stripped. However they support the restoration scheme proposed, including the installation of on-site interpretation boards, and acknowledge that retention of overburden along the quarry boundary, and natural re-colonisation of the quarry faces incorporating the development of pools or lagoons, will benefit invertebrates and habitat diversity. 75 The Department of Environment Food and Agriculture and The Water and Sewage Authority indicate they do not oppose the application 76 DOI Highways do not object to the application subject to the adoption of a scheme for managing traffic. This Scheme includes the construction of two permanent lay bys and temporary installation of automatic traffic lights along Pooil Vaaish Road during movement of overburden or crushed rock. 77 Highways advise that the application will result in an increase in the number of vehicles, and identify the need to restrict: the use of the road to a single vehicle, to prevent two large vehicles meeting on the single track road, and; the number and size of vehicles used. Whilst the road is used by walkers, the verges are available for walker to step off the carriageway if required. With the exception of the double bend forward visibility along the road is good. The junction with the A5 is wide and visibility has already been improved by the installation of a mirror by the applicant. 78 Highways confirm that none of the vehicular passing places identified by the applicant are on the public highway, and these would need to be provided along the public verges. As there are no public verges through the double bend from approximately 100m south of the bend to the entrance to the keeill on the west side of the carriageway and from the same point to the second bend on the east side of the carriageway, this will make it difficult to provide a passing place where it is most required. This is a very lightly trafficked road and if the quarry is restricted to a single vehicle then the risk of passing traffic will be significantly reduced. Highways therefore advise that part-time traffic signals and hard standings would be required at either side of the double bend where public highway is available to construct the hard-standings to ensure that 2 vehicles do not meet within this area. 79 In terms of vehicle numbers, 5 loads per day will result in 10 vehicle movements over a working day of 7½ hrs. This equates to 1 vehicle movement every 42 mins assuming that the vehicle can make the return journey in that time. 80 The Department of Economic Development support the application. They identify that the continued quarrying activity will provide direct and indirect employment, and Government will benefit through royalty income. DED confirm the type of mineral products from the quarry, providing a statement of need and identifying a relative percentages of each type. 81 Dimension Stone: DED indicate that 'the uniqueness of the limestone in producing dimension stone is not in question', suggesting that there is 'sufficient evidence to demonstrate the usage of the stone for dimension stone purposes both on the Island and through historical exports to the UK and further afield thereby establishing a need for this type of stone.' In terms of the wider economic impact of the quarry, DED identify the role of the quarry in raising the 'profile' of the Isle of Man. Without mineral exports the DED indicate it is 'doubtful whether the quarry would be economically viable' if it had to rely solely on local markets. The ability to export the stone is therefore considered 'essential to the economic future of the quarry and as a consequence securing those jobs associated with the business.' 82 Building stone: DED acknowledge the importance of maintaining a local supply of building stone (walling and cladding) from the quarry, particularly given the importation of this stone to the Island in recent years. Building stone is required to conserve the vernacular characteristics of buildings and structures in the south of the Island. For clarification the DED note that whilst Pooil Vaaish is the only limestone quarry producing building stone it is not the only source of building stone. Building stone produced from Manx Formation rock is also sold from Earystane Quarry and Cringle Quarry. 83 Waste Stone: DED emphasise the importance of removing waste stone from the quarry on a regular basis to prevent sterilisation of mineral and reduced operational area. They identify that the waste material can be processed for use for the purposes suggested in the application, including use as a bulk/hardcore fill. 84 Annual Quarry Output: DED confirm that historically a series of Mining Leases and Licences have been awarded for up to 3,500 tonnes of stone per annum to leave the site, although the applicant has not achieved this level of extraction. DED indicate this is partly due to the low level of demand for the products, but also the difficulties presented by the overburden problems. The prohibition on the removal of overburden off site has resulted in operational difficulties and stymied quarry development. DED indicate they would not object to the removal of overburden off site and would accommodate this in any subsequent mining lease. However they recommend that further information is requested from the applicant describing the proposed phasing programme of overburden removal. In addition DED consider it highly unlikely that overburden removal would take place over a 47 week period, suggesting this should be considered a theoretical timeframe as the removal of overburden is likely to take considerably longer. Although reducing the frequency of vehicle movements DED acknowledge this will prolong the period of this activity. 85 Based on historic aggregate sales data DED estimate the relative percentage of each mineral product produced by the quarry: Dimension Stone 10% ; Building Stone 25%; and, Waste Stone/Crushed Rock 65%. The Department advise that with an improved method of working a higher proportion of the more valuable products, Dimension stone and Building stone, could be achieved. 86 However whilst supporting the application, the Department expresses concerns over aspects of current quarry operations. In terms of visual appearance, DED note that whilst steps have been taken to improve the general appearance of the quarry with the removal of scrap and non quarry waste, 'much work remains yet to be done'. They welcome the proposals for dealing with the overburden, and the scheme for restoration. However DED note that currently there is no financial bond in place to secure the restoration of the quarry, and were the operator to decide that the quarry is no longer economically viable, 'the burden to secure restoration will be borne by Government'. 87 Quarry Drainage: DED note that the proposed Restoration Plan includes the construction of a drain between the quarry and the coastline which would allow the natural drainage of the quarry. They indicate this is needed to prevent the quarry drain from becoming blocked, resulting in a build up of water within the worked out quarry. 88 Whilst acknowledging that Health and Safety is the responsibility of the applicant, DED advise that there is a need ensure the quarry is secure, quarry gates are locked when non-operational, and fences repaired. The Department expresses its concern about the open access to the quarry particularly from Raad ny Foillan coastal path, and recommends that if planning permission is granted a planning condition be applied to ensure the quarry is kept secure at all times. 89 Submission by Cains on behalf of their Clients: Bedell Trustees Limited and Mr & Mrs R. Holt. The following comments were submitted in response to the detail of the initial application which has since been revised. Cains Clients are the owners and occupiers of the properties known as Balladoole House, The Granary and Top Lodge all of which are situated adjacent to Pooil Vaaish Road (PVR) and identified on the quarry location plan. Cains Clients' oppose the application on the basis that the proposal will significantly increase vehicle movements resulting in adverse effects through road safety, congestion, hazard and noise, dust and vibration, and be significantly detrimental to the enjoyment and amenity of the three properties. Details of the objection are set out below. Cains Clients indicate that the Applicant does not make out a case for there being an overwhelming national need for the increased quantity of stone whose extraction would be facilitated by the granting of permission to remove overburden from the quarry. 90 Details of the objection: 1) Road safety, congestion and hazard (a) Top Lodge PVR is the sole means of access to this property. The position of the access gateway to Top Lodge does not allow a clear view down the road (in the direction of the sea) and is therefore particularly vulnerable to vehicles coming up the road (from the direction of the sea). Cains Clients state that vehicles coming up the road do not have a clear view of the access to Top Lodge, and the proposed Traffic Management scheme will not cure this problem. The entrance to Top Lodge is between the two sets of traffic lights and neither set would be visible when leaving Top Lodge. In circumstances where the proposals result in a five fold increase in traffic passing Top Lodge all this causes an obvious hazard and is unacceptable. (b) Balladoole House and The Granary The access on to PVR is shared by both properties. It is narrow and set in a stone wall so that a vehicle has to be protruding from the access to have a clear view down the road. Again the access is between the two sets of traffic lights as shown on the plan accompanying the proposed Traffic Management Scheme and any vehicle leaving the access will not be able to see either of them. Once again in the circumstances of this application, this creates an unacceptable hazard. (2) Noise dust and vibration (a) Top Lodge During periods of removal of overburden, the proposals would mean that laden HGV's would be passing very close to Top Lodge along the Pooil Vaaish Road 12 times between 09.00 and 16.30 and unladen vehicles making a return trip a further 12 times. This equates to 3 vehicle movements per hour for potentially 50 days a year. The property will be effected by the noise of laden vehicles climbing up the road through the double bend and empty vehicles (which are likely to cause as much noise from empty truck bodies as the laden lorries) three times an hour from 09.00 in the morning to 16.30 and the dust and other emissions from those vehicles and the vibration they cause. (b) Balladoole House and The Granary These properties are a little further from the road but will also suffer from noise and vibration. Vibration is a particular concern in the case of Balladoole House which is a handsome old house of architectural and historical importance but whose structure lacks the strength and resilience of modern constructions. 91 Cains Clients advise that if Planning Committee is minded to grant the application then they request the imposition of clear binding and legally enforceable planning conditions controlling tonnages and the number of vehicle movements permitted. With reference to the Report on the planning application considered by Planning Committee at its meeting on 7th January 2013 the following comments are submitted: (1) Hours of operation — to be limited as referred to in draft condition 12 on page 19 of the Planning Officers’ Report; (2) Control of Traffic and Control of tonnage and type of mineral and other material (overburden) extracted. In our submission the provisions of clauses 22 to 26 of the Planning Officers’ Report require to be expressed clearly (and in no less detail than the wording used in Clauses 22 to 26) as legally enforceable conditions or terms of any planning permission. In particular it is submitted that draft condition 8 on page 18 of the report is not clear and gives the local residents including our Clients no protection at all. (nb this is now condition 7 which has been amended) (3) Speed Limit — we would wish to see a mandatory speed limit of 10 MPH for all HGV’s using the Pooil Vaaish Road. (4) Consultation — We would request that the Applicant is required to establish a committee including the Operator from time to time and all interested residents to endeavour to deal with any potential problems which arise during the operation of the quarry. 92 Revised proposal: DOI Highways agreed that a traffic signal is needed at Top Lodge and this will form part of the Traffic Management Scheme. Details of the revised proposal (see Table 1) and response from Highways have been forwarded to Cains for consultation with their clients. The response will be reported verbally to Committee. 93 Submission by Mr and Mrs Gawne, Pooil Vaaish Farm. The following comments were submitted in response to the detail of the initial application which has since been revised. Mr and Mrs Gawne are the occupiers of Pooil Vaaish Farm (PVF) identified on the quarry location plan. PVF object to the application on grounds that the proposed increase in heavy vehicular traffic through their property would cause: (1) Considerable disruption to the day to day running of the Farm business. PVF state that the farm track is unsuitable for the proposed 24 vehicle movements within a 7 1/2 hour period. They assert that the time for quarry vehicles to ‘load, travel and unload and return’ is ‘in the region of 40 - 50 mins per trip’ and that more than one wagon will be used. PVR state that the proposed traffic Management System ‘would not be a workable solution. Traffic flow down the lane is in excess of twenty vehicles per day, not including movement of farm vehicles and livestock up and down the lane.’ In addition PVF assert that the traffic lights and areas of hardstanding proposed ‘are liable to block access to fields, all of which are in regular use.’ (2) Safety issues relating to: a. livestock, which at times are free to graze on the grass banks and beach. b. movement of farm machinery, some of which is used on a daily basis. c. people on the Farm, including children. d. customers of the Farm Shop arriving by car, push bike, van, and by foot e. walkers, cyclists, educational groups, schools, scouts brownies etc, all of which use the coastal footpath at various times of the day and in summer evenings. (3) Increased damage to Pooil Vaaish Road by the continual use of HGV wagons and heavy plant machinery. If the damage increases PVF suggest the IOM Creameries may refuse to collect milk from the Farm resulting in a loss of income (n.b. This is a matter for the Highways Division and is not a planning matter) 4) Damage to the Farm Property. PVF state that the heavily laden wagons and plant machinery that pass in front of their house are 'partly to blame for the cracking of the rendering on the house, and two walls and porch have just been re-coated - at our expense'. They state that an increase in vehicle movement will increase the damage. (n.b. This is a civil and not a planning matter) (5) Damage to the track leading from the farm to the quarry. PVF confirm their ownership of the access track leading from the bridge over the River Dumb to PVQ entrance. PVF advise that the Farm Deeds state 'only stone, marble and granite should be taken from the quarry...the owners of the quarry shall put and maintain in good and substantial repair and condition the road marked on the plan so as to bear any increased traffic imposed upon it' and 'no trade or business to be carried out and no act or thing to be done which shall be a nuisance or annoyance to the owners or occupiers of adjacent land.' PVF assert that the track has been 'broken and churned up' and damaged by 'HGVs and plant machinery going out to the quarry'. PVF assert that conditions of the Deeds regarding repair of the track have not been met, and that the application contravenes all of the conditions (n.b. damage to property is not a planning matter and contents of deeds are also not material planning considerations) (6) Damaged to the large stone gate pillar at the farm entrance. PVF assert that 'on two occasions vehicles going out to the quarry have driven into and damaged the large stone gate pillar at the farm entrance' This prevented the gate being closed to stop livestock getting onto the public highway. It also restricted the daily movement of livestock. PVF state that the cost of repair 'on each occasion was hundreds of pounds.' (n.b. damage to property is a civil not a planning matter) (7) Road Congestion along PVR. PVF indicate that the passing places identified in the application are all on private land some belonging to PVF. No permission has been sort to use them. PVF assert that whilst the passing places proposed by Highways may allow two cars to pass, 'two HGVs would not be able to pass one another.' (8) Damage to the ASSI. PVF consider the proposed traffic movement would be detrimental to the ASSI. 94 Revised proposal: Following further consultation, PVF have indicated a level of vehicle movements they consider acceptable. This has been agreed by the Applicant and the application has subsequently been revised to reflect the level of agreed vehicle movements. Assessment: