DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00521/C Applicant: Port Erin Commissioners Proposal: Change of use of the former garage to a 1000L commercial micro-brewery and taproom/events space for licensed events Site Address: Former Commissioners Depot Droghadfayle Road Port Erin Isle Of Man Planning Officer: Mrs Vanessa Porter Photo Taken: 13.07.2023 Site Visit: 13.07.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.08.2023

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. 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.

• C 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 application has been recommended for approval for the following reason.

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).

Plans/Drawings/Information;

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 _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): No.9 Homefield Park, Ballasalla No.2 Railway Terrace, Douglas

As they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report APPLICATION SITE

1.1 The application site is within the former Port Erin Commissions Depot, which is situated to the Western side of Droghadfayle Road within an area of other former/existing depots. To the North West of the site is a public car park and to the South and South West of the site is the Steam Railway track, depot and station. - 1.2 The site consists of two garages which are accessed via a garage doors and a yard situated to the side. PROPOSAL

2.1 The current application seeks approval for the change of use of the site from Commissioners Depot to Micro-brewery and taproom/ events space. - 2.2 The information provided with the application states the following;

• o The micro-brewery is sized at 1000litres
• o They expect there to be four staff members at the start, with the potential for more during busy summer months.

2.3 The intended opening hours are as follows;

• 12pm to 10pm Monday - Thursday
• 12pm to 11pm Friday - Saturday Sunday Closed

2.4 There is potential that they would want to open till 11pm to conduct a private event once a month. PLANNING HISTORY

3.1 There are no previous applications upon the site which are relevant in the assessment of this application. DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as "Mixed Use" on the Area Plan for the South, Map 7 - Port Erin/Port St Mary. The site not within a Flood Risk Zone nor within a Conservation Area it is nearby the Port Erin Conservation Area.

- 4.2 AREA PLAN FOR THE SOUTH

• 4.2.1 The Area Plan for the South written statement, provides the following in part regarding a "mixed use" area. "6.6.1 In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate with the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within Mixed Use areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use.

6.6.2 Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed 76 Use') will comprise a mix of some or all of the following uses; residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies.

6.6.4 There are some small light industrial units within the Port St Mary Mixed Use areas and it is proposed that these remain as they provide employment for the local population and add to the vitality of the centre. However, if further small scale light industrial uses are to be located within Port St Mary, or indeed the other town and villages, it is important that such uses do not result in unreasonable disturbance to residents and other users and that the historic character and appearance of the centres are not compromised. The introduction of new light industrial uses to other sites within the Mixed Use area will be subject to the strict application of development control criteria in order to preserve the amenity of neighbouring residents; any proposal that does not satisfy such criteria on visual, noise, smell, traffic and parking grounds is unlikely to be approved. As indicated below, should there be a requirement for new larger light industrial uses or significant expansion of the existing uses then these would be better located on the dedicated Industrial Estates within the South."

• 4.2.2 The following Mixed Use proposals from the Area Plan for the South are applicable to the assessment;

• Mixed Use Proposal 6: The Mixed Use areas of Port Erin, Castletown, Port St Mary and Ballasalla may be appropriate locations for small scale light industrial uses as long as this does not result in unreasonable disturbance to neighbouring properties by reason of visual, noise, smell, traffic and parking impact. Uses which would have an adverse impact on residential amenity will not be permitted.
• 4.3 ISLE OF MAN STRATEGIC PLAN

• 4.3.1 Given the nature of the residential property and the land designation, the following are the most relevant Isle of Man Strategic Plan Policies;

• - Strategic policy 1 which seeks that development make the best use of resources
• - General Policy 2 which sets out general planning considerations
• - Environment Policy 22 which seeks that development would not unacceptably harm the environment and/or the amenity of nearby properties
• - Environment Policy 23 which seeks that alterations to existing facilities do not have adverse impact upon neighbours
• - Environment Policy 24 in connection with Paragraph 7.17 & 7.19 which seeks that pollution sensitive development will only be allowed to be located close to sources of pollution
• - Environment Policy 36 which seeks that where development is proposed outside of but close to the boundary of a Conservation Area, it will not be permitted if it detrimentally affects the Conservation Area
• - Business Policy 1 which seeks that employment opportunities are encourages
• - Transport Policy in connection with Appendix 7 which sets out the required parking standards

• 4.3.2 Appendix 5 of the Strategic Plan 2016 makes reference to the types of applications that require an Environmental Impact Assessment including (g) Food industry - Brewing and malting. However until such a time that a PPS is provided for EIA's, applications are to be considered against the UK Town and Country Planning (Environmental Impact Assessment) Regulations 2017. In this respect the current proposal does not meet the criteria of Schedule 2 as it's under 1000sq m and is not within a sensitive area (such as an ASSI) and therefore there is no requirement to submit an EIA in this instance for this application.
• 4.3.3 Paragraph 9.2.3 Industrial buildings are defined as follows: "industrial building" means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:-

• a) the making of any article or of part of any article; or
• b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or
• c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel.

Such buildings are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows: "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005.

"general industrial building" means an industrial building other than a light industrial building or a special industrial building;

"special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes.

REPRESENTATIONS

5.1 The following consultations can be seen online in full, below is a short summery;

5.2 Highway Services have considered the application and state, that whilst the site would require 21 parking spaces on floor area, that due to the surrounding site, it is acceptable in this case to relax the required parking standards. As such the proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Department Control raises no objection to the proposal. (2.06.23)

5.3 Port Erin Commissioners have considered the application and state they support the proposal. (19.06.23) - 5.4 The Assistant Registered Buildings Officer has considered the application and has raised no objections. (12.07.23) - 5.5 The owner/occupier of No.9 Homefield Park, Ballasalla have written in to support the application. (17.05.23) - 5.6 The owner/occupier of No.2 Railway Terrace, Douglas have written in to support the application. (17.05.23) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - principle of the development
• - character and appearance
• - impact upon highway services
• - impact on neighbouring amenity
• - opening hours
• - other matters

- 6.2 PRINCIPLE OF THE DEVELOPMENT

• 6.2.1 When looking at the principle of the development, it is necessary to note that the proposal is within an area zoned as "Mixed Use." When looking at the proposed use of the site, there have been few micro-breweries which have been approved on the island, specifically for this application 19/00404/C, 19/00291/C (inspectors report) & 13/90921/C, all of which deemed that a micro-brewery in itself is an industrial process and due to the manufacturing of the product would fit within a "light industrial" use.
• 6.2.2 With the above in mind, and when noting the information provided in Section 4 of the assessment, a "light industrial" use is acceptable within a "Mixed Use" area as per the Area Plan for the South as long as the use does not impact the neighbouring properties by reason of amenity, visual, smell, traffic and parking grounds.

• 6.2.3 With the above in mind, the overall principle of the proposal is deemed acceptable, with the other aspects of the proposal discussed below.
• 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the proposal with regards to a character and appearance point of view, there is one structural change proposed, which is the opening of the public entrance, situated to the furthest point of the main structure. The opening of this doorway will not impact how the structure is viewed within the streetscene nor impact the structure itself and as such is deemed acceptable.

6.4 IMPACT UPON HIGHWAY SERVICES

• 6.4.1 Turning towards whether the proposal would have an impact upon neighbouring amenity, it is relevant to note that the site is opposite a car parking area and that two spaces are to be provided within the site itself. Whilst the car parking within the site will not meet the need as per Transport Policy 7 in connection with Appendix 7, the proposal is deemed acceptable due to the parking available in the adjacent car park and the transport links which are a short distance away from the site.

• 6.4.2 It is also noted that Highway Services have stated that "the proposal raises no significant road safety network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal."

6.5 IMPACT UPON NEIGHBOURING AMENITY

• 6.5.1 The first port of call when assessing whether the proposal would impact the neighbouring amenity is to assess whether the proposed used would impact the neighbouring uses within the surrounding area. There are several uses within the surrounding area including but not limited to a Steam Railway, a pub, a garage, petrol station, church, car park and neighbouring properties.

• 6.5.2 Having noted the surrounding uses, there are a few uses which would in themselves add a certain amount of noise and//or smell to the surrounding area, above and beyond what would be expected in a general "predominantly residential" land zone. An example of this would be the steam train which functions between 4 to 5 times to Port Erin from Douglas, with an additional trip if there is a special on March to October, this in itself would add a high volume of sound from the whistle of the train to the smell from the coal smoke.

• 6.5.3 Overall the brewing operation is relatively small scale with the proposed micro brewery side of the site holding 1000 litres. The brewing operation is to be contained within the existing structure, of which the area for the micro brewery is to accommodate approximately 56sq m of the overall floor area. The smells themselves from the site are expected to be contained within the existing structure but would potentially escape if the garage door to this part of the site is opened, which would only happen during the time period of the micro-brewery opening and closing times.
• 6.5.4 With regards to the potential of noise from the proposal as a whole, in the first instance it is relevant to note as stated above there is a wide variety of uses already in the surrounding area, it is also relevant to note the previous use of the site and the neighbouring sites, of which the previous use from the site itself was a Commissioners Depot, and the neighbouring sites were previously a Fire Station, which now has permission for a gym and the is currently a neighbouring ambulance hub.
• 6.5.5 The proposal has two potential opening and closing times, first the actual opening and closing of the micro-brewery which is proposed to be 9am to 5pm Monday to Friday only and

• the actual opening and closing of the taproom/ event room which is proposed to be 12pm to 10pm Sunday to Thursday, with one day per month to 11pm to conduct any private events and 12pm to 11pm Friday and Saturday.
• 6.5.6 The area available to the taproom/event space is approximately 129sqm in total as such the amount of people visiting is not likely to be significant. Whilst is it difficult to distinguish between the use of a taproom and a bar/pub, and certainly from enforcement prospective. It is not considered the operation or wishes as proposed by the applicants is a "fully fledged bar/pub"; albeit on the other hand they would to some extent be selling alcohol, so strictly speaking it is a bar.
• 6.5.7 With the above in mind, the site is located within a "mixed use" area and as such there needs to be an understanding by neighbouring residential properties in such areas that there is likely to be a greater level of background noise and general disturbances throughout the day and night, than those in more residential area land zoning.
• 6.5.8 It is noted that the site is rented out by the applicant from Port Erin Commissioners and as such it would be in their best interest to not cause and issue with neighbouring properties.

- 6.6 OPENING HOURS

• 6.6.1 The applicants have requested that the opening hours are 12pm to 10pm Monday Thursday and 12pm to 11pm Friday and Saturday, with the site closed on Sunday. With these opening hours there is also the request to open one day a month for events till 11pm Monday to Thursday.

• 6.6.2 Ultimately the additional hour Monday to Thursday, should not impact the neighbouring amenity of the properties close by, for the reasons outlined above. Whilst this is the case, it is also noted that after 11pm the Noise Act 2006 would be in place.

6.7 OTHER MATTERS

• 6.7.1 As per 4.3.2 of this report an EIA is not required for this application as the proposed brewing operation is less than 1000 sq m and not within a sensitive areas such as an ASSI, however in seeking to assess the impact of the proposal on neighbouring amenity and local highways regard shall be given to the proposed scale of the operation (size of brewing equipment, brewing process, floor area etc) and the nature of the business operation (staff, hours of operation, visitors to site etc).

• 6.7.2 It should be noted that the proposed public door is measuring at 600mm upon the plan, generally a public entrance needs to be 900mm wide to accommodate all possible users to the site. This has been raised with the applicant and agent who have stated that they are aware that additional permission would be required if the door is extended beyond what is permitted within this application. CONCLUSION

7.1 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).

7.2 With the above in mind the proposal is deemed acceptable.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) 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: 23.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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