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The site represents an area of farmland situated on the western side of the A3 TT Course as it passes through Laurel Bank. The site is around 16ha in size and slopes downward from west to east towards the main road. Access to the site is via a number of lanes, one from the south from the TT Course, one from the north via a steep lane running past Sunny Bank, an existing residential property, and also from the west from the Staarvey Road.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as an Area of High Landscape or Coastal Value and Scenic Significance with an area of Woodland at the base of the slope outside the site.
Planning permission has been sought for a number of developments at the house on the site, which are not relevant to this application. Permission was sought and granted for revisions to approved excavations, extension and upgrading of track and siting of temporary compound and levelling under PA 06/1185. Permission had previously been granted for excavation to form terraces under PA 04/2556. The 2006 application extended the area to be excavated and terraced and included reference to a temporary compound, additional track and temporary crushing plant. At the time of the consideration of the 2006 application the applicant indicated that he thought that the works would be completed before the expiry of the mining licence in November 2007. The officer reporting on the application stated "The work is clearly well advanced, with the majority of the area benefiting from a current planning approval. With regard to the impact on the landscape, the site is visible from across the valley although not readily visible within the wider landscape. In addition the Department of Transport Highways Division do not object to the proposal and no objections from local residents have been received."
The 2006 application was approved subject to a number of conditions including one which required the submission of a phasing plan and a landscaping scheme and one which contained a requirement for the works to be completed by the end of September, 2007. Correspondence from the applicant's agent, dated 18th September, 2007 states that the excavation work will cease at the end of September 2007 and the site will be cleaned up completely by the end of Spring 2008. There is confirmation from the Department of Trade and Industry that the licence expired on 30th September, 2007 and that no extension to this was requested or granted.
Proposed now is the continuation of the works which have been permitted beyond the period allowed for it. The works involve further excavation despite no licence being in place for this (it is assumed that this will be applied for if planning permission is forthcoming) only for the void to be re-filled with imported material to reach a stepped profile which is below that of the existing ground level.
German Parish Commissioners object to the continuation of works on the site beyond the period permitted in previous applications.
Department of Transport Highways and Traffic Division indicate that they have no objection to the application.
There is clearly no need to excavate or import significant levels of material to create the profile which is being sought which could be achieved with cut and fill, possibly not resulting in any material needing to be brought in or taken from the site and, it is understood, was the basis for the work already approved on the site.
As the proposal involves both excavation and importation of material, the following policies of the Strategic Plan are relevant:
Mineral Policy 1 states:
"Development involving the winning and working of minerals will be permitted only where it is demonstrated that there is a need for the minerals which cannot be met through the provision of secondary aggregates. Applicants will be required to demonstrate also that:
a) there would be no unacceptable adverse effect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the on site operation itself (including development, maintenance and restoration) or the traffic generated thereby; b) there would be no unacceptable adverse effect on: i) landscapes and geology/geomorphology features of special interest or attraction; ii) Ancient Monuments or their setting;
iii) Registered Buildings or their settings; iv) the character and appearance of Conservation Areas; v) sites of archaeological interest; vi) sites containing species or habitats of international, national and local importance; vii) land drainage and water resources; and viii) designated National Heritage Areas; c) the proposal is acceptable in terms of access arrangements and highway safety; d) working will be in accordance with a phased scheme of restoration and landscaping; and that e) the proposal does not sterilize [sic] other significant mineral deposits.
Exceptionally, national need for a particular mineral may warrant setting aside one of more of these constraints".
There would appear to be no need for the excavation to create the desired profile and as such the proposal fails to satisfy the first principle of this policy. If there is no need for the excavation or importation of material then the additional heavy traffic which will pass residential properties either on the Staarvey Road or down onto the TT course will be unwarranted which would fail to satisfy a) above.
As the applicant has not provided the landscaping scheme required in the previous application, the proposal cannot be seen to be in accordance with an approved scheme of landscaping and as such will not satisfy d) above.
Waste Policy 1 states:
"Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling or recovery or materials from waste will be permitted provided that: a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy; b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby: c) there would be no unacceptable adverse effect on: i. landscapes, geology/geomorphology and features of special interest or attraction
iii. Registered Buildings or their settings or features of architectural importance iv. the character and appearance of Conservation Areas v. suites of archaeological interest vi. sites containing species or habitats or international, national or local importance vii. land drainage and water resources viii. areas of woodland or the Island's timber resources or ix. designated National Heritage Areas. d) the proposal is acceptable in terms of access arrangements and highway safety e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping f) the proposal does not sterilise other significant mineral deposits g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike.
Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations of facilities referred to in this policy will require the submission of an Environmental Impact Assessment".
As with the excavation above, there is no apparent need for the excavation or the landfilling and as such the proposal fails to satisfy the basis principles of this policy and the same concerns regarding unwarranted heavy traffic would apply in respect of the importation of material and the landscaping scheme which has not been supplied in accordance with the previous approval.
It is recommended that the application be refused
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Refused
Date of Recommendation: 11.12.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1. The proposal would appear to involve the excavation of the site and exportation of material off site only for new material to be brought in to achieve a finished profile which is lower than the existing ground levels. As such a profile could be achieved through cut and fill and the excavation and infilling is deemed to be unnecessary which would be contrary to Mineral Policy 1 and Waste Policy 1 of the Strategic Plan. Furthermore, if the proposed works are unwarranted then the additional heavy traffic on the surrounding roads is also deemed unwarranted and the adverse impact on those who live alongside these adjacent roads would be similarly unjustified.
R 2. Notwithstanding 1 above, the applicant has not submitted a landscaping and restoration scheme in accordance with condition 2 of the approval issued under PA 06/1185. As such, further works on site may prejudice the proper restoration and landscaping of the site.
R 3. The excavation works approved previously were to have been completed prior to September, 2007. There is insufficient justification to continue the period of works on site beyond this time.
Decision Made : _________________________ Committee Meeting Date : _________________________
11 December 2007 07/02015/B Page 5 of 5
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