DEC Decision Notice

Kerroo Brewing Company Miss E Townsend 38 York Road Douglas IM2 3AX

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Port Erin Commissioners, Ref 23/00521/C, for the Change of use of the former garage to a 1000L commercial micro-brewery and taproom/events space for licensed events at Former Commissioners Depot Droghadfayle Road Port Erin Isle Of Man .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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.

• 2. Customers shall only be within the business within the following operational hours stipulated in the application.

12pm to 11pm Monday - Saturday Sunday Closed

Reason: In the interest of protecting neighbouring living conditions.

• 3. The development hereby approved shall be carried out in full accordance with the internal layout as shown on Drawing No.03 received on the 4th August 2023, unless otherwise agreed in writing by the Department.

Reason: To ensure the uses as proposed and shown on the submitted plans/submitted statement are undertaken as proposed and to ensure in the future such uses do not increase within the building which may have adverse impact upon neighbouring amenities and the application has been judged solely on the proposal as shown and any additional changes would require additional consideration.

This decision relates to the following plans and drawings, date stamped received on 11th May 2023;

• o Drawing No. 22/3157/01
• o Covering letter and Schedule of drawings

This decision also related to Drawing No.03 and additional information dated received 4th August 2023

This decision has been made for the following reasons(s) Overall the proposal would be in accordance with the land use designation of the Area Plan for the South. The proposal is for a small scale brewing operation and one which has been considered on balance not to result in any significant adverse harm in terms of noise, smell

• or pollutants on the neighbouring living conditions or general amenity (General Policy 2, Environment Policies 22, 23 and 24). The small scale brewing operation, and tap/events space, due to its size will also limit numbers coming to and from the site and ensure sufficient highway safety and parking provision (General Policy 2, Business Policy 5, Transport Policy 7 and Appendix 7).

Date of Issue: 23rd August 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.