Planning Committee Minutes 26 January 2015

He further stated that the Members were themselves aware of cases where personal circumstances had been taken into consideration with regard to the determination of planning applications. Mr. Evans said that he did not know why the application had not been referred to the Planning Committee and Miss Chance clarified that there are procedures for referring applications to the Committee and this application did not fall within these requirements. Miss Corlett reported to the Members with regard to the difficulties of balancing personal circumstances with Departmental Policy, and further explained the procedure, laid down under the terms of article 4(4) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, for the benefit of those present at the meeting. She stated that in this case, she felt that the principle of development, rather than the details that was the issue, and that it would be remiss of her to advise Mr and Mrs Reubens to submit a further application. Following a statement from Mr Reubens, Mr Evans assured Mr and Mrs Reubens that the Minister had made the decision at Appeal on their earlier application. Following discussion, the Members determined to seek legal advice with regard to whether the application in question can be considered. ### 7. The Members considered and determined the schedule of planning applications as follows. The case officer reported on the matter and summarised the key issues as set out in the report. She further outlined a potential calendar for the operation of the quarry, the methods of extraction, the removal of materials and restoration of the site in order to assist the Members with their deliberations. Ms Reid was invited to address the meeting on behalf of Highway Services. She confirmed that Highway Services concerns had been addressed in Ms Gray’s report. The Members enquired with regard to the objectors’ concerns with regard to the 12m flatbed vehicles. Ms Gray and Ms Reid reported that the concerns were to do with the road safety aspect and the manoeuvrability of the vehicles in question entering and exiting the farmyard, and with earlier damage which may have occurred to the grass verges and side rails on the bridge over the river Dumb. Mr Kermode enquired with regard to the size of the milk tankers which frequent the farm. Ms Gray reported that the tankers would only be frequenting the farm once a week and reiterated that the concern was with the manoeuvrability of the articulated 12m flatbed trucks. {{table:38834}} Mrs Glassey addressed the Members in support of the application and on behalf of the applicant, Pooil Vaaish Quarry Limited. She outlined the history of the site and confirmed that their legal representative had advised them not to sign the Section 13 agreement as their opinion was that the Certificate of Lawfulness (11/01018/LAW) conferred rights for future extraction which the S13 would remove. She indicated that this application was being submitted under duress. The legal dispute between the applicants and the Government had cost the company contracts and money. Mrs Glassey went on to outline orders received by the Applicant from the international market, and stressed the importance of both the orders themselves, and the positive PR generated internationally by both the orders and the products. She stated that 12m flatbed vehicles had been used at the quarry in the past with no detrimental effect, and requested that the start time for the transportation of material from the site be retained as 0900 hours, rather than 0930 hours suggested by an objector, as this would be detrimental to the efficient running of the business. Mr Kermode expressed his appreciation for the report, but stated that he felt that the Applicants should be allowed to get on. Mr Gilbey expressed sympathy for the farm owners and enquired with regard to the movements of the 12m flatbed vehicles. He further requested that the conditions proposed by the farm owners be included. Mr Cottier felt it important to distinguish between the merits of the application and the legality of the operation. The previous application had been approved subject to a Section 13 Legal Agreement, and the Applicants had gone a long way address the concerns of objectors to the previous application. Mr Cottier enquired with regard to the drainage from the quarry. Ms Gray reported that tidal movement would disperse any suspended materials such as soils or silt, and that there should be no chemical residue or pollution as a result of such drainage. Mr Cottier enquired if the road was capable of sustaining the level of traffic movement proposed, and who would be financially responsible for the upkeep of the roads in question. Ms Reid reported that the road was capable of sustaining the level of proposed traffic movements, and that the Department had powers to address separately any damage to, and additional costs of upkeep, resulting from a development. The Department would discuss this with the applicant in the event the permission was approved. Members reiterated their difficulty with regard to the restrictions imposed on the vehicle size. Ms Reid reiterated that this was to do with the road safety aspect and the manoeuvrability of the vehicles in question entering and exiting the farmyard. Ms Gray further reported. Mr Evans confirmed that the relevant proposed condition, C7, referred to a 9m flatbed truck/trailer. Mr Cottier enquired if the manoeuvrability of 12m flatbed trucks could be tested. Miss Chance advised that the wording of C7 could be amended by the addition of “unless otherwise agreed in writing by the Planning Authority following observation of movements”. The Members further enquired with regard to the 0900 hours start time, and Ms Gray confirmed that the objector had preferred the later start time of 9.30 in the interests of the operation of the farm. The Members confirmed that no tracked vehicles would be used on site. The Members voted with regard to the wording of conditions 7 and 13. With regard to condition 7, the Members unanimously voted to accept the proposed additional wording. With regard to condition 13, the Members, with the exception of Mr Gilbey, agreed to retain the start time of 0900 hours. ### Decision The Committee accepted the recommendation of the case officer and approved the application subject to the applicant entering into a legal agreement for provision of a legal bond to secure restoration of the site, along with the following conditions. C1. 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. Reason: for the avoidance of doubt. C2. 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. Reason: to ensure satisfactory control over the development. C3. 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. Reasons: the application was assessed on the basis of these quantities and this information C4. 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. Reason: in the interests of amenity and highway safety. C5. 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. Reason: in the interests of amenity and highway safety. C6. 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. Reason: in the interest of safety. C7. 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. Reason: in the interests of residential amenity and highways safety. C8. 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. Reason: in the interests of neighbouring and to ensure the use is not harmful to the operation of a working farm. C9. 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. Reason: in the interests of amenity and highways safety. C10. 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. Reason: in the interests of environmental and visual amenity. C11. 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. Reason: in the interests of environmental and visual amenity. C12. 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. Reason: in the interests of environmental and visual amenity. C13. 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. Reason: in the interest of amenity. C14. 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. Reason: in the interests of safety and the satisfactory operation of a working farm C15. 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. Reason: in the interests of safety. C16. Before the development hereby permitted commences any scrap and non-quarry waste materials existing on site shall be removed. Reason: in the interests of environmental and visual amenity. C17. 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. Reason: in the interests of visual amenity. C18. 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. Reason: in order to prevent flooding. C19. 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. Reason: in order to ensure compliance with the parameters of this approval. C20. 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. Reason: in order to ensure compliance with the parameters of this approval. C21. 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. Reason: in order to ensure compliance with the parameters of this approval. C22. 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. Reason: in order to ensure compliance with the parameters of this approval and the stability of adjoining land. C23. 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. Reason: in the interests of environmental and visual amenity. C24. No burning of materials is permitted on site. Reason: in the interests of environmental and visual amenity. C25. At no time shall the height of any overburden mound or stockpile of aggregate or dimension stone exceed 4 metres. Reason: in the interests of visual amenity and safety. ### Issuing Of Decision Planning permission will not be granted until the legal agreement process is concluded. In the event that the section 13 agreement is not signed by all parties within a period not exceeding 4 months from the date of the Planning Committee’s decision, the application will be referred back to the Planning Committee with a recommendation to refuse the application. Following the formal execution of an agreement under section 13 of the Act, the decision notice will be issued by the Department. ### Party Status Interested party status was considered by the Committee and agreed as recommended. {{table:38835}} The case officer reported on the matter and summarised the key issues as set out in the report. The Members invited the Head of Tourism, Mrs Angela Byrne, to address the meeting on behalf of the Department of Economic Development. Mrs Byrne spoke of the need on the Island for quality tourist accommodation and reported that the Department had been actively marketing the Island as a holiday destination, especially in connection with outdoor leisure activities, and felt that the Glen Helen Hotel was in a unique position to provide such accommodation. Mr Evans made comment regarding the disparity between the potential viability as assessed by the Department of Economic Development, and the figures provided by the Applicant.