Decision Notice

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Department Of Infrastructure, Ref 22/00287/B, for the Restoration of existing silt store to create and maintain a permanent facility for storage and monitoring of dredged material from Peel Marina at Rockmount Silt Store Poortown Road Peel .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. Within 18 months of this decision becoming final, and prior to the commencement of any further works on site, a Detailed Design and Programme of Works as set in in paragraph
• 2.4.1 of the Environmental Impact Assessment Report ("the EIA Report") dated February 2022 prepared by Anthony D Bates Partnership which is informed by the ground investigation works set out at paragraphs 2.4.2 - 2.4.5 of the EIA Report shall be submitted to and approved in writing by the Department. The Detailed Design and Programme of Works shall set out a detailed design, consistent with the concept for the restoration scheme set out EIA Report Section 2.3 and paragraph 2.4.6, and include a programme for all of the pre-restoration and restoration works set out in the EIA, including:

• o Pre-restoration works to trees on access track (paragraph 2.3.13);
• o Pre-restoration works to Field 314574 including bund stabilisation (paragraphs 2.3.15 -

• 2.3.18), engineered cap (paragraphs 2.3.19 - 2.3.22), surface water drainage (paragraphs 2.3.23 - 2.3.24) and monitoring wells (paragraphs 2.3.25 - 2.3.26);

• o Restoration works to Field 314574 including seeding of the external face of the bund and restoration layer of the cap (paragraphs 2.3.28 - 2.3.32), planting at the dry woodland area fronting the bunded storage area (paragraphs 2.3.33 - 2.3.42), re-profiling and seeding of the field area to the North of the bunded storage area (paragraphs 2.3.43 - 2.3.46);
• o Pre-Restoration Works to Field 314514 comprising the decommissioning of leachate management area (paragraphs 2.3.48 - 2.3.49); and
• o Restoration works to Field 314514 including a wet woodland planting area (paragraphs

• 2.3.51 - 2.3.60) and restoration of the remainder of the field to be suitable for grazing (paragraphs 2.3.61 - 2.3.63).

The development shall be carried out in accordance with the approved Detailed Design, including approved Programme of Works.

Reason: To ensure the submission for approval of a Detailed Design and Programme of Works, consistent with the concept for the restoration scheme set out EIA Report.

• 2. The materials used in the works shall be in accordance with the EIA Report, paragraphs

2.4.13 - 2.4.17. No waste shall be imported to the site. Reason: To ensure the development takes place in accordance with the approved details and to protect the environment.

• 3. Prior to the commencement of any further works on site, an updated Ecological Impact Assessment, including updated surveys, shall be submitted to and approved in writing by the Department. The works shall then proceed in accordance with the approved details.

Reason: To ensure that ecological mitigation measures are updated to take account of any changes to the ecology of the site.

• 4. Restoration of the site shall be undertaken as per sections 2.3.27 - 2.3.63 of the 'Poortown Silt Store - Restoration Scheme and Aftercare Environmental Impact Assessment Report' dated February 2022, as may be required in accordance with the updated Ecological Impact Assessment to be submitted for approval in accordance with Condition 3.

Reason: for the avoidance of doubt, to ensure the development takes places in accordance with the approved details and to avoid any unacceptable environmental impacts on ecology.

• 5. Subject to any amendments arising from submission for approval of the Detailed Design and Programme of Works in accordance with Condition 1, and Conditions 3, 4 and 9, the mitigation measures set out in Table 10.1 of the EIA Report shall be fully implemented, and as part of this:

• o any works to the construction track shall be undertaken in accordance with the mitigation measures set out at paragraphs 2.4.7 - 2.4.8;
• o the mitigation measures set out in paragraphs 6.3.8 - 6.3.10 shall be fully implemented; and
• o the mitigation in relation to vehicle movements as set out in paragraphs 8.3.21 - 8.3.29 and 8.3.37 shall be fully implemented.

Reason: for the avoidance of doubt, to ensure the development takes places in accordance with the approved details and to avoid any unacceptable environmental impact including in relation to trees, ecology or highways.

• 6. Prior to the commencement of any further works on the site an Arboricultural Method Statement (AMS), adhering to the recommendations of BS 5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AM'S should address

(a) The specification of the protective fencing to be used (B) Removal of existing structures and hard surfacing (c) The installation of temporary ground protection

• (d) Excavations for utilities

• (e) The installation of new hard surfacing and raised levels
• (f) Preparatory works for new landscaping
• (g) How the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection The agreed protection measures and construction methods shall adhered to in full

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.

• 7. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the pre-restoration and restoration phases of the development hereby approved and thereafter within 5 years from the date of completion of the restoration works, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to, during or within 5 years following completion of the restoration works and this is due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action shall be carried out in accordance the details which have first been approved in writing by the Department.

Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality.

• 8. No approval is hereby given for the removal of any trees as part of the pre-restoration works other than as set out at paragraph 2.3.13 of the EIA Report.

Reason: To ensure that no other trees are removed that would require consent under the Tree Preservation Act 1993.

• 9. The development shall be carried out in accordance with the mitigation measures set out in the EIA Report, paragraphs 8.3.21 - 8.3.30 and paragraphs 8.3.37- 8.3.38.

Reason: To ensure the development takes place in accordance with the approved details and in order to regulate HGV movements on the public highway.

• 10. The site will be subject to the aftercare arrangements as set out at the EIA Report, paragraphs 2.5.1 - 2.5.17.

Reason: To ensure the development takes place in accordance with the approved details in order to protect the environment.

• 11. Not withstanding the provisions of the Town and Country (Permitted Development) Order 2025 (or any order altering or replacing that order) no operational development may take place without the benefit of a specific planning application.

Reason: such development may impact on the restoration scheme and result in unintended environmental impact.

This decision relates to the following plans/drawings/information:

• o Application Form, dated 09.03.22
• o Cover Letter, dated 09.03.22
• o Environmental Impact Asessment Report dated February 2022 prepared by Anthony D Bates Partnership, including appendices:

• - Appendix A - Planning drawings (See below).
• - Appendix B - Geotechnical Condition Report (Atkins, 2020).
• - Appendix C - Preliminary Geotechnical Design Feasibility Assessment (Atkins, 2021).
• - Appendix D - Hydrogeological Risk Assessment (Stantec, 2021).
• - Appendix E - Tree Removal Plan (ADBP, 2022)
• - Appendix F - Ecological Impact Assessment (Manx Wildlife Trust, 2020). Poortown Silt Store - Restoration Scheme and Aftercare Environmental Impact Assessment Report 2022-0228 Rockmount Silt Store_ Revised EIA Report_Final Page 7
• - Appendix G - Visual Tree Assessment (Manx Roots, 2021a).
• - Appendix H - Arboriculture Impact Assessment (Manx Roots, 2021b)
• - Appendix I - Water quality monitoring data for the Poortown Silt Store (DEFA, 2015 to 2017).
• - Appendix J - Traffic monitoring data for the A20 Poortown Road (DOI, 2018 to 2020)
• - Updated Statement headed "Management of sediment from Peel Marina" and Update on the Environmental Impact Assessment Report received on 25.11.2025

o The Drawings Appendix A comprise:

• - Red Line Location Plan (Drwaing Ref. 581-PA2-LP Rev. A, dated 26 February 2022)
• - Blue Line Land Ownership (Drwaing Ref. 581-PA2-L0, dated 26 January 2022)
• - Poortown Peel Harbour Spoil Storage - Plan (Drawing Ref. 101 Rev. C, dated 20 March 2015)
• - Poortown Peel Harbour Spoil Storage - Site Survey (Drawing Ref. S1, dated 25 June 2020)
• - Restoration Scheme, Bund Stabilisation and Eng. Cap Plan (Drawing Ref. 581-PA2-001 Rev. A, dated 9February 2022
• - Restoration Scheme Surface Water Drain and Slope Reprofile Drawing Ref. 581-PA2002, dated 26th Jnauary 2022)
• - Restoration Scheme Settlement Monitoring (Drawing Ref. 581-PA2-003, dated 26 January 2022)
• - Leachate Management System Decomissioning (Drawing Rev. 581-PA2-005 Rev A, dated 9 February 2022)
• - Poortown Silt Store Provisional Exploratory Hole Location Plan - 581_A3-ATKINS-GI001Ground investigation plan - boreholes and trial pits (Rev. 0 dated 12 November 2021)
• - Aftercare Monitoring - Leachate Monitoring (Drawing Rev. 581-PA2-004 Rev A, dated 26 January 2022)
• - Aftercare Monitoring Site Inspections (field 314574) (Drawing Ref. 581-PA2-006, dated 26 january 2022)
• - Aftercare Monitoring Site Inspections (field 314514) (Drawing Ref. 581-PA2-007
• - Dated 26-Jan-2022)

This decision has been made for the following reasons(s) The retention of the existing deposited material on the site, is considered to be the best available option, for which there is a clear need and for which there is no immediately obvious and available alternative. As such it can be considered that the case is made that there is an

acknowledged need, taking into account whether there are any potential alternatives in accordance with The Isle of Man Strategic Plan 2016 Waste Policy 1 and General Policy 3, insofar as there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy in providing void space for what is a problematic waste, and an

• overriding national need that justifies development outside allocations insofar as there is no reasonable and acceptable alternative. The main considerations then are whether the proposal is acceptable in terms of it environmental impacts. The proposed development's impacts on ecology, traffic, noise, air quality the water environment (i.e. surface water quality and groundwater quality), on landscape character and views, and on climate, can be addressed by the proposed mitigation measure included in the proposal. The application can accordingly be considered to be compliant with The Isle of Man Strategic Plan 2016, Strategic Policy 4, Waste Policy 1, General Policy 3, and Environment Policies, 1,2, 7, 22 and 28.

Date of Issue: 4th February 2026

A MORGAN Interim Director of Planning and Building Control

Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation. A copy of the Officer’s report and any correspondence which informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £355); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.