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6.1.1 The Isle of Man Strategic Plan (ref 1) states: Environment Policy 27: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: ii) emissions of airborne pollutants and
6.1.2 Mineral operations are not regulated under the Prescribed Processes legislation as in the UK under the Environmental Protection Act 1990.
6.1.3 MPS2: Annex 1: Dust (ref F) states: ‘1.1 ...concerns about dust are most likely to be experienced near to dust sources, generally within 100m.
Stand-off Distances
1.36 It is preferable that dust-generating activities are separated by a stand-off distance from residential properties and other sensitive uses. The minimum extent of this stand-off distance should be estimated through the use of a dust assessment study (possibly including dust monitoring).’
6.1.4 Environmental Effects of Surface Mineral Workings – Research Report (ref O) states: ‘BUFFER ZONES AND LOCAL PLANS The minimum distance between workings and residents which has been permitted or suggested 1, 2, 3 16, 23, 79, 91, 213, 356, 400 varies considerably from less than 25 – 50 m for opencast coal, up to 400m for sand and gravel and 300 – 900 m for limestone workings.’
6.1.5 The Environmental Effects of Dust from Surface Mineral Workings (ref O) states on p18: ‘In the absence of a dust assessment, a minimum stand-off distance of 100-200m is recommended from significant dust sources.’
6.1.6 DLGE has adopted The Air Quality (England) Regulations 2000 including the air quality objective in respect of Particles, as recommended by the Expert Panel on Air Quality Standards - 24-hour limit value for the protection of human health of 50 µg/m³ PM₁₀, not to be exceeded more than 35 times a calendar year.
6.1.7 Monitoring carried out by Hyder Consulting of behalf of DLGE has measured annual mean PM10 levels at its background monitoring site of: 2004 – 18.7 µgm⁻³ 2005 – 16.4 µgm⁻³ 2006 – 14.3 µgm⁻³
6.1.8 The DLGE received complaints of alleged dust nuisance from the previous Dreemskerry Quarry in 1999 - 2000 but it was determined that the complaints mainly centred upon dust on roads, not affecting the complainants own premises. Subsequently as far as I am aware a wheel wash facility was installed to clean all wagons before they left the site.
6.2.1 Dust is inevitable from the proposed quarry and in my experience properties within 100m, when downwind of the site, may experience intermittent levels of dust sufficient to be detrimental to their amenity or cause nuisance. Consequently I recommend a minimum buffer zone of at least 100m between residential premises and significant dust sources including:
6.2.2 For planning purposes the entire residential premises of Rockside should be considered as dust sensitive as residents should have a right over the predicted life of the quarry of 40 years to enjoy the whole of their premises without the threat of dust nuisance. Dust nuisance should be considered based, not only on the current use of a residential premises, but also on the potential use during the life of the quarry.
7.1.2 Environmental Effects of Surface Mineral Workings - Research Report (ref 0) reports:
7.2.1 I am concerned at the adequacy buffer zones between active face and sensitive areas to be sure of avoiding flyrock and whether it is permissible for the required safety buffer zone during blasting to include residential premises. Advice should be sought from the Health & Safety at Work Inspectorate.
A. That the appeal is refused due to concerns of likely noise and dust sufficient to be detrimental to the amenity of nearby properties.
In the event planning permission is granted such as due to its overriding benefits to the community I would recommend the following conditions:
N1 During the permitted daytime working hours, Monday to Friday 0800 – 1700 and Saturdays 0800 – 1400 hrs, the free field Equivalent Continuous Noise Level (LAeq, 1h) for the period due to rock extraction and processing, excluding soil and overburden handling operations, other works in connection with landscaping and haul road construction, shall not exceed the following levels at representative noise sensitive residential dwellings and their gardens:
No activities audible outside the site boundary shall be permitted outside permitted daytime working hours, on Sundays or Bank Holidays.
N2 During the permitted daytime working hours, Monday to Friday 0800 – 1700 and Saturdays 0800 – 1400 hrs, the free field Equivalent Continuous Noise Level (LAeq, 1h) for the period due to soil and overburden handling operations, and other works in connection with landscaping and haul road construction shall not exceed 70 dB LAeq, 1h free field at any noise sensitive residential dwellings and their gardens subject to a period not exceeding 8 weeks per year at any one premises.
In the event planning permission is granted such as due to its overriding benefits to the community, in the absence of prescribed process legislation as in the UK, I would recommend the following conditions:
D1. Levels of shall not exceed a 24-hour mean of more than 35 times a year and an annual mean of at any neighbouring residential premises (including outdoor living areas and gardens).
D2. Dust from the site shall not cause the dust deposition rate to exceed at any neighbouring residential dwellings and their gardens. D3. There shall be no visible emissions of dust across the site boundary. D4. A wheel wash facility shall be provided and shall be used by all wagons leaving the site.
D5. Mains water supply and a water bowser shall be provided on site. There shall be adequate use of water sprays to maintain damp surfaces during dry weather to minimise emissions of dust.
D6. When drilling blast holes the waste air vented to air shall first be filtered.
D7. Site road surfaces shall be dampened when necessary and dust suppressant chemicals used to suppress dust emissions, particularly during dry weather.
D8. Crushing and screening processes shall be enclosed where practicable, material drop heights minimised and fixed adequate sprinklers used to minimise emissions of dust during operations.
D9. Where practicable the transport of any material between different units of plant shall be enclosed by conveyor.
D10. All site vehicle exhausts shall be directed upwards.
(A). BS 4142:1997, British Standard Method for Rating industrial noise affecting residential and industrial areas. (B). MPS 2: Annex 2: Noise (C). Department of the Environment Welsh Office, Minerals Planning Guidance: The Control of Noise at Surface Mineral Workings. (D). PAN 50: Annex A Noise: The Control of Noise at Surface Mineral Workings, October 1996 (E). Assessment of Environment Impact of Noise, Dreemskerry Quarry Extension, Maughold, Isle of Man. (F). MPS 2: Annex 1: Dust
(G). Planning and Environment Statement, Planning Application for Dreemskerry Quarry, Restoration & Extension, Maughold, Isle of Man, Dalgleish Associates Ltd, 1st March 2006.
(H). Horizontal Guidance Note for Noise IPPC H3 Part 1 – Regulation and Permitting, Environment Agency, 2002.
(I). The Town & Country Planning Act 1999, The Isle of Man Strategic Plan, Towards A Sustainable Development, DLGE Nov 2004.
(J). The Department of the Environment Minerals Division, The Environmental Effects of Dust from Surface Mineral Workings, Arup Environmental Ove Arup & Partners, December 1995.
(K). MPG 11, Minerals Planning Guidance: The Control of Noise at Surface Mineral Workings, April 1993.
(L). Community Noise edited by Birgitta Berglund & Thomas Lindvall, Document prepared for the World Health Organization, Archives of the Center for Sensory Research, Volume 2, Issue 1, 1995.
(M). R v Bolton Metropolitan Borough Council ex parte Kirkham, High Court, 19 December 1997.
(N). BS 5228: Part 1: 1997 Noise and vibration control on construction and open sites, Part 1. Code of practice for basic information and procedures for noise and vibration control.
(O). Environmental Effects of Surface Mineral Workings – Research Report, Department of the Environment, Transport and the Regions, HMSO 1992.
Sub-references:
• 2. County of South Glamorgan/Mid Glamorgan CC (1982), ‘Local Quarry Plan No4. NWW Cardiff Radyr/Tongwynlais Area’, Joint Consultative Report June 1982.
• 3. Hughes TEV (Inspector), ‘Report on the Objections to the Plan made at the Public Local Inquiry [into Rdyr/Morganstown District Plan]’, Date of Inquiry October 1981, 1982.
• 16. Walters SG, ‘Buckinghamshire CC Minerals Subject Plan – report of a Public Local Inquiry’, Report of Inspector 27th August 1982. • 23. Walker A, ‘Opencast Mining Noise’, M & Q Environment 3 2, 1989, pp20-2. • 91. Bowhill A, ‘Balancing Nuisance with Need’ Land and Minerals Surveyor 7 1989, pp535-537. • 213. Clark AR et al, ‘Magnesian Limestone Quarrying Planning and Environmental Considerations’, M & Q Environment 3 1, 1989, pp15-17.
• 267. W S Atkins Engineering Sciences Ltd, ‘The Control of Noise at Surface Mineral Workings’, Report on behalf of Department of the Environment, HMSO London 1990.
• 322. Health and Safety Executive, ‘Fly Rock Projection from Quarry Blasting’ Quarries Topic Report, September 1989.
• 356. Walker PD, ‘Cheshire County Council Application by Dalefords Estate Ltd.’ Report to Secretary of State re Moss Farm, Sandiway, Ref N257X/KP/P December 1985.
• 400. Hertfordshire County Council ‘Minerals Criteria for the Assessment of Planning Applications’ Hertfordshire CC June 1990.
I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe them to be true, and the opinions I have expressed represent my true and complete professional opinion.
Signature: S. J. Renton Date: 18 June 2007
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