DEC Co Decision Notice Dated 2ND

CABINET OFFICE Government Office

Douglas Isle of Man

CO Copy Letter

IM1 3PN

Telephone (01624) 685280 Email: [email protected]

Our Ref: 23/00001/CI 2nd January 2024 Dear Sir/Madam, THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

Proposal

To extend the time for landfilling operations at Wright's Pit North to continue until 31st December 2030, plus 1 year to enable the restoration scheme to be completed by 31st December 2031

Address

Wright’s Pit North landfill, off Cranstal Road, Bride

The application was called in by the Council of Ministers under section 11(1A) of the Town & Country Planning Act 1999, being a matter considered to be of general importance to the Island.

On 5th October 2023, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the twelve conditions listed at the end of the Inspector’s report, together with three additional conditions recommended by Council.

Section 11(2) of the of the Town & Country Planning Act 1999 states: Where the Council of Ministers grants planning approval on an application referred to them under subsection (1) –

• a) the decision of the Council of Ministers shall be laid before Tynwald, and shall not have effect until the end of the next sitting following that before which the decision is first laid; and
• b) Tynwald may, at either of those sittings, resolve that the decision be annulled, whereupon the application shall be deemed to have been refused.

The Inspector’s report, GD2023/0107, was laid before Tynwald on 12th December 2023.

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Tynwald did not resolve to annul the decision made by the Council of Ministers and therefore Council’s decision to approve the application stands, subject to the Conditions of Approval specified below.

Inspector’s reasons for approval

There is an evidenced ongoing need for the landfill facility at WPN that cannot be met elsewhere on-Island at the present time. Even were the planned Strategic Waste Landfill Facility envisaged by the Department to come online before the void at WPN was filled to the approved final waste contours, it makes good sense, to my mind, to allow for landfilling to continue there if at all possible (subject to capacity), so as not to under-utilise the asset that it represents. It might well be that WPN reaches capacity within the next five years. However, it would be prudent to allow for waste to continue to be accepted at the site up to the end of December 2030, to accommodate the possibility of a lower rate of fill than the minimum waste scenario assessed in the evidence. I am mindful, in this regard, that (subject to conditions) no adverse environmental impacts have been identified in association with continuation of the use up until then.

Conditions of Approval

• 1. No more than 5,000 tonnes of waste shall be tipped at the site in any calendar year.

Reason: To ensure that environmental impacts are no greater than is identified within the Environmental Impact Assessment Report, the findings of which have informed this Decision.

• 2. Subject to the provisions of other conditions, no waste streams other than those defined at paragraph 2.4.3 of the Environmental Impact Assessment Report (prepared by Anthony D Bates Partnership dated December 2021) shall be deposited at the site. No household waste, as defined under the Collection and Disposal of Waste Regulations 2000 (other than that set out in 2.4.3) or incinerator bottom ash shall be deposited on the site.

Reason: To ensure that environmental impacts are no greater than is identified within the Environmental Impact Assessment Report, the findings of which have informed this Decision. The introduction of new waste streams would necessitate a fresh planning consideration of the need for the site and the methods of working.

• 3. No water, mud or contaminants shall drain, flow or be transferred by vehicle wheels on to the highway. Reason: In the interest of highway safety and to prevent pollution.
• 4. The boundary fences around the site shall be retained unless otherwise required by condition 8 below.

Reason: In order to prevent public access until the site is safely restored.

• 5. No deliveries shall be made to the site other than between the hours of 09.30 and 15.30 Monday to Friday.

• Reason: In order to prevent vehicle movements through residential areas on route to the site outside of acceptable working hours, in the interests of amenity and highway safety.
• 6. If at any time, frogs, lizards or nesting birds are found on the site in areas which could be impacted on by the operations hereby permitted (including but not limited to infilling and restoration activities) operations shall cease until the Department has been notified in writing and advice has been provided. Development shall thereafter be carried out only in accordance with that written advice. Reason: In the interest of biodiversity and the protection of wildlife.
• 7. Importation of waste to the site shall cease on or before 31 December 2030, with the final waste contours to be finished in accordance with Plan No WPN 3/1 (Top of Waste Contours). The date of cessation shall be confirmed in writing to, and agreed in writing by, the Department within one calendar month of the date of the last waste receipt.

Reason: In the interest of the protection of the local environment and to safeguard the living and working conditions of those in the locality.

Within 12 months from the date of cessation of the importation of waste and formation of the top of waste contours shown on Plan No WPN 3/1 (as notified to and agreed in writing by the Department pursuant to condition 7 above) or 31 December 2031, whichever is the sooner, the site shall be restored and landscaped in accordance with:

• a) the restoration works shown on Plan Nos WPN 3/2 (Proposed Restoration Contours) and WPN 3/3 (Cross Sections); and
• b) the scheme and phasing details set out in Appendix B of the Environmental Impact Assessment prepared by Anthony D Bates Partnership dated December 2021, including:

• i) Restoration Scheme - paras 3.25 (substrate), 3.26 - 3.27 (construction of the restoration landform), 3.28 (topsoil placement), 3.29 (drainage), 3.30 (landcover), 3.31-3.32 (detailed restoration techniques); and
• ii) Landscaping Scheme - paras 3.33 (sowing of nurse crop species), 3.34-3.35 (harvesting of heathland brash and seed), 3.36 (preparation of heathland brash and seed), 3.37-3.38 (application of heathland brash and seed), 3.39

• 3.40 (placement of soil stabilisation blanket), 3.41 (protection of the restored area), 3.42 - 3.44 (aftercare and management), 3.45 (monitoring); and

• c) details that shall previously have been submitted to and approved in writing by the Department of the potential for rabbit ingress to negatively impact on restoration of the site, including measures to mitigate any identified negative impacts (which may include measures to prevent ingress).

• 9. All equipment, plant, buildings and fencing (other than any rabbit ingress fencing approved pursuant to condition 8 above and save as may be required in connection with the on-going management of the approved scheme of restoration) shall have been removed from the site, within 12 months of the confirmed date of cessation of waste disposal operations pursuant to condition 7 above, or 31 December 2031, whichever is the sooner. Reason: In the interests of ecology, biodiversity and visual amenity.
• 10. Should suitable sandy substrate of low fertility derived from the neighbouring aggregate sites not be available to allow formation of the final restoration contours (pursuant to condition 8 above) full details of alternative imported material are to be submitted to and agreed in writing by the Department prior to importation. Restoration works shall only be undertaken in accordance with the approved details.

Reason: To ensure that the site is restored in accordance with the approved details in the interests of ecology, biodiversity and visual amenity.

• 11. Prior to the commencement of restoration activities referred to in condition 8 above, details of Management Plans for Traffic and Dust (which comply with the details as set out in paragraphs 6.3.49 6.3.59 and 9.3.11 - 9.3.16 of the Environmental Impact Assessment prepared by Anthony D Bates Partnership dated December 2021) shall be submitted to and approved in writing by the Department. Restoration activities shall be undertaken only accordance with the approved Management Plans.

Reason: In the interest of highway safety (Traffic Management Plan) and in order to minimise the effect of fugitive dust emissions on nearby human and ecological receptors (Dust Management Plan).

• 12. The waste disposal operations hereby permitted shall cease within 30 days of the date of failure to meet any one of the requirements set out at points i) and ii) below:

• i) within three months of the date of this decision, a Groundwater Monitoring Plan, including a timetable for implementation, shall have been submitted for the written approval of the Department. The Monitoring Plan shall include as a minimum: groundwater monitoring points; frequency of monitoring and review points, together with an end date; target determinands; control and trigger levels; proposed mitigation action in the event that control and/or trigger levels are exceeded; and publication of results.

• ii) the approved scheme shall have been carried out in accordance with the approved timetable.
• iii) upon implementation of the approved Monitoring Plan specified in this condition, operations at the site shall be carried out in accordance with that Plan thereafter.

In the event of a legal challenge to this Decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined. In the event of any tension between the Monitoring Plan and the Working Plan, the provisions of this condition shall prevail.

Reason: In order to protect the local groundwater environment in the interests of biodiversity and the prevention of pollution.

The three additional conditions recommended by Council are:

• 13. An appropriate approval under the Public Health Act 1990 shall be issued by DEFA to impose appropriate controls over waste disposal and related operations as soon as reasonably practicable, but in any event by 31 October.
• 14. The DOI shall provide to DEFA an updated Working Plan (to take account of any relevant conditions recommended by the Inspector) by Friday 20 October 2023.
• 15. Subject at all times to section 11 of the TCPA 1999 and notwithstanding the call in of the application as being one of general importance to the Island, any application to vary the approval hereby granted or any condition attaching shall be made to DEFA in the first instance.

All parties should note that there is no prescribed right of appeal relevant to the Council’s decision and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within three months.

Mr Andy Ralphs Chief Executive Officer

Date of Issue: 2nd January 2024