DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 22/00048/B Applicant: Stephanie Gray Proposal: Installation of 16 groundwater monitoring boreholes. Site Address: Current And Former Landfill Site Cranstal Bride Isle Of Man IM7 4BR Head of Development Management: Mr S Butler Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.03.2022 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. Within 3 months of the boreholes hereby approved no longer being required for monitoring purposes, a scheme shall be submitted to the Department and approved in writing which sets out a remediation details, including a timescale for implementation. The remediation shall be carried out in accordance with the approved details and the timescales for implementation and thereafter retained.

Reason: the boreholes are only required whilst monitoring of the site is required, and thereafter may present a visual or physical issue.

This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 3(e) and to be of potential environmental benefit.

Plans/Drawings/Information; This decision relates to the following (11/01/22):

• - Plan Showing Land Ownership
• - Location/Site Plan (Figure 3 - REV A)
• - Planning Statement (and appendices) _______________________________________________________________

Interested Person Status

Additional Persons

DOI Flood Risk should be afforded IPS as a government department that has made comment on a material issue. _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is made up of various monitoring points around 5 separate landfill sites - Wrights Pit North, Wrights Pit East and Ballacallow 1, 2 and 3.

2.0 THE PROPOSAL - 2.1 This is a retrospective application for the installation of 16 groundwater monitoring boreholes within and around 4 former and 1 active landfill site. The applicants states they are to allow them to monitor the composition and flow direction of leachate from landfill sites. They were installed in 2018. - 2.2 The application is supported by a statement that sets out:

• - Background
• - Need for the application (advised by DEFA needed planning approval and needed to be lawful if to be relied upon for applications for additional landfilling - see planning history. The boreholes are proposed to remain in situ until the landfill site are considered to no longer require such monitoring.
• - Location/Site History
• - Site Description and Environmental Setting
• - Need for the boreholes (report in 2017 recommended additional monitoring)
• - Environmental Impacts (noting the borehols are not flush with the grond but raised with a lockable wellcap - to avoid being overgrown, buried or impactred by anmals.
• - Policy considerations (Strategic Plan, 2018 Waste Strategy and Public Health Act 1990 in realtion to monitoring closed and active landfills)
• - Appendicies - Location (A1 and A2), grid references, review report extract, methodology, sample borehole log, photos (7-9), site management measures, data examples, sampling/monitoring protocols, current guidance and legislation,

3.0 PLANNING POLICY - 3.1 The application site is within an area covered by the 1982 Development Plan. It is not zoned for development, within an Area of High Landscape or Coastal Value and Scenic Significance and Nature Conservation Zones, Nature Reserves & Sites of Ecological Importance for Conservation. - 3.2 The Strategic Plan (2016) contains a number of relevant policies.

• o General Policy 2 - general 'Development Control'
• o General Policy 3 - restrictions on Development in the Countryside
• o Environment Policy 1 - protection of countryside and ecology;
• o Environment Policy 2 - protection of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's);
• o Environment Policy 4 - protection of ecology (habitat and species);
• o Environment Policy 7 - protection of watercourses, wetlands, ponds and dubs;
• o Environment Policy 22 - prevention of pollution;
• o Environment Policy 23 - improvements to existing facilities must consider existing neighbours;
• o Environment Policy 24 - requirement for Environmental Impact Assessment (supported by detail in Appendix 5);
• o Environment Policy 40 - protection of archaeology;
• o Waste Policy 1 relates to waste management installations.

4.0 PLANNING HISTORY - 4.1 There are a number of applications relating to the site. The most relevant is PA12/01671/B for, "Extend the time for landfill operations for a further five years plus one year to enable the restoration scheme to be completed, importation of c.5000 tpa of mixed inert and C&D wastes over the five year period and development of an amended alternative restoration

scheme to reflect the projected volume of imported materials". This was approved on 29.05.13, subject to conditions:

• o C1. Confirmation of documents to which the approval related;
• o C2. Time period of approval (for tipping and restoration);
• o C3. Capping Requirements;
• o C4. Rabbit proofing;
• o C5. Restoration Requirements;
• o C6. No water or contaminants on highway;
• o C7. Work must be in accordance with approved plans;
• o C8. Boundary fencing;
• o C9. No water or mud to drain onto highway;
• o C10. Working hours;
• o C11. Final landform;
• o C12. No household waste or incinterator bottom ash; and
• o C13. Notification if frogs or lizards found.

4.2 Application 19/01439/B for, "Variation of condition 2 of application 12/01671/B for the continued deposit of inert and mixed construction/demolition waste and associated site restoration, to extend the approval for a further 12 months" was submitted and withdrawn before it was determined as two further applications have been submitted (both still pending):

• - 21/01000/B for, "Extend the time for landfilling operations at Wright's Pit North to continue until 31st December 2022, plus 1 year to enable the restoration scheme to be completed by 31st December 2023" which Council of Ministers have indicated should be determined by them
• - the EIA for this makes reference to the boreholes which are the subject of the current application; and 22/00086/B has also recently been submitted (not yet referred to CoMIN) and is an alternative to the above application. It seeks to , "Extend the time for landfilling operations to continue until 31st December 2030, plus 1 year to enable the restoration scheme to be completed by 31st December 2031. An additional waste type is also requested for landfilling of nonhazardous dredged material arising from activities carried out under statutory provisions for ports and harbours and/or for flood risk management".

4.3 There are a number of applications for boreholes, although these have been for abstraction purposes and so are different to what is proposed here. For example, 19/01307/B for, "Creation of a borehole" at Field Number 420855, Ballagawne Farm, Ballagawne Road, Ballabeg. That application was approved at Planning Committee, being referred because, "THERE IS NO PROVISION FOR THE TYPE OF PROPOSAL WITHIN THE DEVELOPMENT PLAN" (the Planning Committee Standing Orders give Senior Officers authority to direct applications to committee where they do not meet the other thresholds for committee but the officer feels they should nevertheless be determined by the committee). The assessment stated, "Despite being development in an area not designated for such, the proposal does not represent a use of land, rather an engineering operation to allow for water abstraction intended to support the farming activities. There is no indication that the proposal would result in any undue harm to the environment as a result of the engineering operation". The application was approved with only the usual 4 year commencement condition.

5.0 REPRESENTATIONS - 5.1 DOI (Flood Risk) - Do not oppose (24.01.22) - 5.2 DOI (Highways) - No Highways Interest (27.01.22) - 5.3 Bride Commissioners - No response at the time of writing (02.03.22) - 5.4 Spoke to DEFA (Ecology) 02.03.22 - no need to consult.

- 6.0 ASSESSMENT

6.1 The key issues are:

• - Principle;
• - Environmental Impacts; and
• - Approach/Procedural Matters.

6.2 Principle

• 6.2.1 General Policy 3 sets out clear restrictions on development in the countryside other than in certain circumstances, which include (e) "location-dependent development in connection with the working of minerals or the provision of necessary services". It is considered that groundwater monitoring boreholes are capable of being considered a location dependent necessary service.

6.2 Environmental Impacts

• 6.2.1 No unacceptable environmental impacts have been identified, indeed the monitoring of groundwater is of environmental benefit as part of the wider management of the area.

6.3 Approach/Procedural Matters

• 6.3.1 Waste Policy 1 relates to waste management installations. Although the proposal relates to a landfill site, it is not in itself for was operations and so it is not considered that Waste Policy 1 is particularly relevant. Given the nature of the development, and that it is not actually for waste processes, it is not considered that an Environmental Impact Assessment is required. As it is not considered to be a departure or require an EIA it does not meet criteria for referral to the Planning Committee.

- 7.0 CONCLUSION

7.1 The proposal is considered to comply with General Policy 3(e) and to be of potential environmental benefit. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 02.03.2022

Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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