20 February 2015 · Committee
Pooil Vaish Quarry, 347 Poyllvaaish To Scarlett, Pooilvaaish, Castletown, Isle Of Man, IM9 4ph
Pooil Vaaish Quarry is a 1.7-hectare coastal site south-west of Castletown. The proposal covers extraction of up to 3,500 tonnes per year of limestone over 30 years, removal of 44,810 tonnes of overburden, and full restoration of the quarry on completion. Three limestone products were identified: high-quality dimension stone (around 10% of output) for export and restoration projects; building stone for walls and cladding, noted as the only source of this material on the Island and important for conservation areas; and crushed rock for use as aggregate. The application also included a 5-metre wide reinforcing buttress alongside the Raad ny Foillan coastal path, built from 3,100 m³ of quarry overburden at a 45° outer face gradient, to improve drainage and ensure path stability. The committee approved the application, in line with the officer recommendation, subject to 25 conditions.
The proposal was considered acceptable in principle because Pooil Vaaish is the only source of limestone building stone on the Island, giving the extraction clear national need in land use planning terms. The application addressed drainage and stability concerns relating to the Raad ny Foillan, and the restoration scheme provided for the long-term recovery of the site. The committee determined the application and granted permission with 25 conditions to manage operational and environmental impacts.
Strategic Policy 4
Strategic Policy 4: 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. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
General Policy 2
General Policy 2: 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 1
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 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 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Condition 1
This planning permission relates to the development proposed in the Planning Application submitted November 2014, the overburden phasing plan submitted 6th January 2015, and updated proposals summarised in the e-mail of 6th January 2015.
Condition 2
The development permitted shall commence before the expiry of two years from the date of this permission, and shall cease 30 years from the date of this approval or at an earlier date as notified by the Department of Infrastructure Planning and Building Control in the event the quarry is not worked continuously for a period of 24 months, as evidenced through records held by the Department of Economic Development. The Department of Infrastructure Planning and Building Control shall be notified in writing by the developer the date this permission is implemented.
Condition 3
The permission relates to the: extraction and removal of up to 3,500 tonnes of mineral per year; campaign crushing of rock once a year; removal of up to 44,810 tonnes of overburden, from the quarry identified on the plan submitted 20th November 2014; and, restoration of the quarry in accordance with CA10494/PVQ/PA/005 page 35 of the application and cross sections drawing CA10494/PVQ/PA/007 page 36 of the application, over a 30 year period.
Condition 4
The mineral will be worked in accordance with the Method Statement of Working set out on page 1 of the Planning Application and stockpiled in accordance with Plan Showing Proposed Locations of Stockpiles submitted on 06/01/2015.
Condition 5
The overburden will be removed in accordance with the Proposed Method for Removing Overburden in the Planning Application, and in the phases identified on the plan submitted on 06/01/2015.
Condition 6
The buttress shall be constructed in accordance with the method of working on page 19-20 of the application and shall be maintained as such unless otherwise agreed in writing by the Department of Infrastructure Planning and Building Control.
Condition 7
Vehicle movements must be limited only to: a. The use of one flatbed/trailer in any one day, maximum length 9m, unless otherwise agreed in writing with DEPARTMENT OF INFRASTRUCTURE Planning and Building Control following the observation of movement of a 12m flatbed trailer; b. One wagon of 19 tonnes payload in any one day with the exception of times of: campaign crushing for one 5 day period in any one year with a maximum of 9 loads crushed rock per day at a maximum of 19 tonnes per load; and, removal of overburden which shall be limited to one 5 day period in every five weeks, and a maximum of 5 loads per working day at maximum of 19 tonnes per load, 475 tonnes every five week period, 4,940 tonnes in any one year. One vehicle to be used at any one time for the transportation of crushed rock and overburden. No tracked vehicles to be used.
Condition 8
The occupants of Pooil Vaaish Farm, Balladoole House, The Granary, Top Lodge and the Department of Infrastructure Planning and Building Control must be notified in writing of the intention to commence the removal of overburden or crushed rock 7 days in advance of the start of a 5 day period of removal of overburden or campaign crushed rock.
Condition 9
Prior to the use hereby permitted commencing a traffic management scheme shall be submitted to and be approved in writing with the Department of Infrastructure Planning and Building Control. The approved scheme shall be operated during times of campaign crushing and removal of overburden, unless otherwise agreed in writing by the Department of Infrastructure Planning and Building Control.
Condition 10
The quarry will be restored in accordance with the Final Quarry Profile set out on pages 35 and 36 of the Planning Application, the Proposed Restoration Plan, and the Cross Sections Illustrating the Proposed Restoration Landform.
Condition 11
On the expiry of 30 years from the date of this planning approval all operations shall cease and all buildings, equipment, and hardstandings shall be removed from the site.
Condition 12
A minimum of three years prior to the cessation of the use the applicant shall confirm in writing with the Department of Infrastructure Planning and Building Control details of the proposed quarry restoration, including details of the advisory boards and proposal for post restoration site management.
Condition 13
The working hours of operation on the site are restricted to Monday to Friday 0800 - 1630hrs. Transportation of mineral and overburden from the site is restricted to Monday to Friday 0900 to 1630hrs. The site shall not be operational Saturday, Sunday or Public Bank Holidays. For the purpose of the conditions operations include drilling, movement, crushing, loading and maintenance.
Condition 14
Before the development hereby permitted commences details of the fencing and security gates shall be submitted to the Department of Infrastructure Planning and Building Control for approval, and following approval and before development commences all site fencing and security gates at the entrance to, and exit from, the site shall be installed.
Condition 15
Within one month of the date of the implementation of the permission, details of site security and information board shall be submitted to the Department of Infrastructure Planning and Building Control for approval, and within two months of the date of that approval the signs and information boards shall be erected.
Condition 16
Before the development hereby permitted commences any scrap and non-quarry waste materials existing on site shall be removed.
Condition 17
Before the development hereby permitted commences, the site portable cabin identified in the planning application shall be painted dark green, and all other temporary buildings or structures shall be removed from site.
Condition 18
Within 3 months of the date of implementation of the permission a scheme for the monitoring and maintenance of quarry drainage shall be submitted to the Department of Infrastructure Planning and Building Control for approval, and the Scheme shall be implemented within one month of the date of that approval.
Condition 19
From the date of implementation of this permission the operator shall keep a written record of the tonnage of all overburden removed from the site and shall provide such records to the Department of Infrastructure Planning and Building Control at intervals not exceeding 6 months, and within a reasonable time period as requested by the Department of Infrastructure Planning and Building Control. All such records shall be kept until all overburden has been removed from site apart from that overburden material required as part of the restoration of the site.
Condition 20
From the date of implementation of this permission the operator shall keep a written record of the volume of all stone removed from the site up to 31st May and up to 30th November each year, and shall provide such records to the Department of Infrastructure Planning and Building Control within one month of the aforementioned dates.
Condition 21
Within 12 months of the date of the implementation of the permission and at intervals of 5 Years thereafter until the completion of quarrying, a full survey of the site shall be undertaken including site cross sections, volumes of material in each overburden mound and soil and mineral storage mound, and the results submitted to the Department of Infrastructure Planning and Building Control.
Condition 22
Within 12 months of the date of implementation of the permission, and at intervals of 12 months thereafter until completion of quarrying, a survey of the condition of the quarry face shall be undertaken and the results submitted to the Department of Infrastructure Planning and Building Control.
Condition 23
Unless otherwise agreed in writing with the Department of Infrastructure Planning and Building Control, no waste or other materials shall be imported into the site.
Condition 24
No burning of materials is permitted on site.
Condition 25
At no time shall the height of any overburden mound or stockpile of aggregate or dimension stone exceed 4 metres.