DEC Officer Report

Application No.: 22/00140/B Applicant: Colas (IOM) Ltd Proposal: Erection of a replacement Dust Shed Site Address: Billown Quarry Foxdale Road Ballasalla Isle Of Man IM9 3DW Head of Development Management: Mr S Butler Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.04.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The development hereby approved shall only be used in conjunction with the wider quarrying and (if necessary) restoration of the site. The development shall be removed from the site within 6 months of the cessation of these activities.

Reason: the development is approved as an exception to the normal presumption against development in the countryside as it relates to quarrying.

This application has been recommended for approval for the following reason.

The proposal is directly related to an active quarry and so complies with Strategic Plan General Policy 3(e). No unacceptable impacts have been identified in relation to visual, environmental or highways impacts. The proposal will facilitate the continued operation of the quarry which supports Strategic Plan paragraph 12.2.1.

Plans/Drawings/Information; This approval relates to the following documents (received 07.02.2022):

• o Cover Letter dated 03.02.22

• o Letter from applicant 22.09.21
• o 2108D/01 Topographical Measured Survey
• o 21 1579/01/D Site & Location Plans
• o 21 1579/02/D Proposed 1:200 Site Plan
• o 21 1579/03/D Proposed Floor Plan
• o 21 1579/04/D Proposed/Existing Elevations
• o Steelwork Elevations
• o 1-4 Site Photographs

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 Red-line boundary encompasses Billown Quarry, to the West of Foxdale Road, to the North-East of Cross Four Ways. The existing dust shed is grey with pitched roof and partially walled on three sides.

2.0 THE PROPOSAL - 2.1 The new building would be a steel portal frame building, fully enclosed on three sides with forest green cladding and a pitched roof. It would be open on one side to allow access. - 2.2 The Application Form Indicates:

• o Full Approval for erection of replacement dust shed.
• o The existing and proposed use of the site is quarry.
• o Creates 400 sqm of floor-space
• o No changes proposed to access or number of parking spaces (30)
• o No changes to site levels or services (rainwater and sewage to existing/proposed soakaways)
• o Development not within 15m of trees/hedges or within 9 m of a watercourse.

2.3 Applicant's cover letter indicates that:

• - Asphalt operation at the site requires an amount of crushed rock fines to be added to recipes
• - Such fines are highly susceptible to ingress of moisture which causes problems
• - Current building has been on site for more than 41 years and reached end of operational life
• - new building would be a rotation of 90 degrees so door opening adjacent to loading bins to reduce need for reversing and reduce wind-blow
• - shed will be fully sheeted with plastic-coated green galvanised steel
• - will be a slightly larger foot print than existing building but no higher
• - shed will assist with storage for stock control during wetter periods to ensure productivity
• - proposed shed will show savings on heating costs and be a visual improvement

- 3.0 PLANNING POLICY

3.1 Area Plan for the South shows the location of the quarry and notes its use as such, and that extraction is likely to cease within a few years. Requires restoration of former mineral workings. Site within an area not zoned for any particular purpose. Falls within the Ballamodha, Earystane and St Marks Landscape Character Area - reference to wooded valley bottoms, geometric fields delineated by Manx hedges. Natural Environment Section refers to ASSI, including Rosehill Quarry (to the South of Billown Quarry). Notes some of the most highly graded agricultural land is in the South, around Billown Farm.

3.2 The following policies of the Strategic Plan are relevant:

• o Strategic Policy 1 - Optimise Re-Use of scare building materials
• o Strategic Policy 2 and General Policy 3(e) - allow for minerals development to be permitted in the countryside
• o Strategic Policy 4 - protection of landscape quality and no unacceptable environmental pollution
• o Strategic Policy 10 - Transport Issues
• o General Policy 2 - general 'Development Control' considerations
• o Environment Policy 1 - No development that would adversely affect the countryside unless overriding national need and no alternatives
• o Environment Policy 2 - Protection of Landscape
• o Environment Policy 4 - Biodiversity Protection
• o Environment Policy 22 - development not accepted where unacceptable impact in terms
• of air or water pollution, vibration, odour or noise
• o Business Policy 1 - encourages growth of employment opportunities
• o Transport Policy 7 - Parking Provision Community Policy 7 - Designing Out Crime
• o Community Policy 11 - Preventing Outbreak and Spread of Fire
• o Infrastructure Policy 5 - Water Conservation
• o Energy Policy 5 - Provision of Energy Impact Assessment for commercial development
• of more than 100 sqm

3.3 Minerals Policy 1 states, in full, "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 settings; iii. Registered Buildings or their settings; iv. the character and appearance of a 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 other significant mineral deposits. Exceptionally, national need for a particular mineral may warrant setting aside one or more of these constraints.

3.4 MP1 also states, "An Environmental Impact Assessment will be required for applications including the winning and working of minerals".

- 4.0 PLANNING HISTORY

4.1 There is a contemporary application for a replacement site office (PA22/00138/B). The following applications are also noted:

• o 18/00161/B - Extension to Existing Quarry was approved on 09/08/18 subject to 16 conditions.
• o 16/00952/B - Erection of cabins to provide additional office accommodation at The Grounds Of Broom House Billown Quarry Foxdale Road Ballasalla
• o 03/01981/B - Extension to limestone quarry and relocation of stone processing
• operations
• o 01/00309/B - Installation of replacement bitumen coating plant with associated tanks, hoppers, conveyors and access road
• o 99/01988/B - Erection of portacabins to create workshop and stores,

• o 96/01445/B - Erection of two storey office accommodation with associated parking and re-opening of previous road access, Billown Quarry, Billown,
• o 96/00019/A - Approval in principle for offices associated to the quarry, Billown Quarry, Billown, Malew (Refused)
• o 91/04078/B - Extension to limestone quarry, part Field 6800, adjoining Billown Quarry, Foxdale Road, Malew.

- 5.0 REPRESENTATIONS

5.1 DOI (Highways) - No Highways Interest (18.02.22)

5.2 Malew Parish Commissioners - No objections (03.03.22) - 5.3 DEFA (Minerals) (31.03.22) - Investment in buildings could be seen as assurance of long term mineral extraction on the site, and the output from Billown is important to the demand and supply balance for Indigenous minerals. - 5.4 DEFA (Environmental Health) (31.03.22) - The proposal seems to be for an almost like for like replacement so unlikely to be any change in impact, and not aware of any complaints about dust from the site past or present. - 5.5 DEFA (EPU) were consulted on 31.03.22 and have not responded, although it is noted that DEFA (Environmental Health) have responded.

- 6.0 ASSESSMENT

- 6.1 APPROACH TO ASSESSMENT

• 6.1.1 It is considered that the main issues are:

• - Principle of Development (including need)
• - Visual, Amenity and Environmental Impact
• - Highways

• 6.1.2 Given the nature of the proposal, as it is related to an existing quarry and not in itself involving quarrying it is considered that MPS1 is of limited relevance, and it is not considered that the proposal requires an EIA.

- 6.2 PRINCIPLE OF DEVELOPMENT (INCLUDING NEED)

• 6.2.1 The development is directly related and required for the operation of an active quarry and where the advice from DEFA (Minerals) that the quarry is important for overall supply of minerals. It is considered that the proposal complies with General Policy 3(e) the principle is acceptable subject to a condition linking it's presence on site to the use of the quarry.

6.3 Visual, Amenity and Environmental Impact

• 6.3.1 As the proposal replaces an existing and similar structure, however will be operationally and environmentally superior no unacceptable impacts have been identified.

6.4 Highways

• 6.4.1 The comments from highways are noted and relied upon. In terms of parking the proposals would appear to be an improvement on the existing.

- 7.0 CONCLUSION

7.1 The proposal is directly related to an active quarry and so complies with strategic Plan General Policy 3(e). No unacceptable impacts have been identified in relation to visual, environmental or highways impacts. The proposal will facilitate the continued operation of the quarry which supports Strategic Plan paragraph 12.2.1. - 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

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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: 04.04.2022 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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