Planning Committee Amendment Recommendation

Amendment To Planning Application ### Item For Planning Committee Consideration TO: Secretary of the Planning Committee FROM: Anthony Holmes, Planning Officer DATE: 9th November 2004 --- 04/00754/B – Further extension of existing sand pit for extraction, Cronk-y-Scotty, Coast Road, Jurby. The Planning Committee are requested to consider a request made in relation to the above planning application, which was approved on the 30th July 2004. The request, which is made in conjunction with drawing no. 04/2053/01A that annotates areas 1, 2, 3 & 4, seeks to confirmation that the approval of PA 04/00754/B can be read to allow the working of area 3 in addition to the extension into area 4. This request has arisen following detailed discussion between the Department, the applicant and the Department of Trade & Industry. An issue has arisen regarding the actual areas with planning approval in relation to the issue of a lease for mineral extraction by the Department of Trade & Industry. At present it is understood that the lease for mineral extraction expires on the 11th November 2004. Leases for mineral extraction can only be issued in association with areas with extant planning approval. Members may recall that during the consideration of PA 04/00754/B it was discovered that there were anomalies between the areas previously granted approval (PA 92/0814 & PA 97/1129) and the areas actually worked. It has subsequently been concluded that these anomalies have occurred due to a combination of the changing nature of the coastal location and a change from older hand drawn mapping data sets to more accurate digital mapping data sets. At that time it was accepted that the differences were genuine errors that were done without malicious intent. The drawings submitted as part of PA 04/00754/B reflect the areas that have actually been worked. It is considered beneficial to note that the approval for PA 04/00754/B imposed revised conditions relating to restoration that were tied to the areas as annotated 1, 2, 3 & 4 on drawing no. 04/2053/01A and, as such, there has already been some recognition. In terms of relevant planning history the two areas approved for extraction through PA 97/1129 remain extant as part of the areas actually approved and areas actually worked intersect with each other and the approval has been implemented. As previously stated the areas shown on drawing no. 04/2053/01A reflect what has actually been worked. Whilst in the consideration of the recent planning application, 04/00754/B, the Department accepted the differences were minor, relatively insignificant and do not warrant enforcement action the situation is that the area annotated 3 is yet to be completed and a condition of the granting of a lease for mineral extraction by the Department of Trade & Industry is the existence of planning approval. This issue is the basis of the problem. The applicant would not want to work the two areas that have planning approval as they are too close to the shoreline and not technically workable. The Department of Trade & Industry has confirmed that they would not issue licenses for these two areas to be worked. As such having thoroughly discussed the matter with the applicant, the Department of Trade & Industry and other officers within the Department I am content that planning application 04/00754/B could be read as including approval for the working of area 3 to completion and that this can be done through the amended plan process. The benefits of doing this are that this allows the situation regarding the issue of a lease for mineral extraction to be resolved, an accurate level of the extent of working to be ascertained and provides an fixed base point for any future development within the area. The actual impact on the current approval and the overall planning situation regarding the area by this amendment is very limited. Accordingly, I recommend that the amendment be accepted and that the applicant be advised that the Planning Authority accept that the approval for 04/00754/B includes the working of area 3 to completion. Anthony Holmes Planning Officer RANNING COMMITTEE ACCEPTED THE AMENDMENT WITH EFFECT THAT IT COULD BE CONFIRMED THAT PLANNING APPROVAL FOR 04/00754/B GVERED AREA 3. AM 12/11/04