DEC Officer Report

Application No.: 23/01034/B 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 (amendment to PA 23/00521/C) Site Address: Kerroo Brewing Company Droghadfayle Road Port Erin Isle Of Man IM9 6EE Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.09.2023

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. Opening Hours: 12pm to 11pm Monday - Sunday 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.003 received on the 30th 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. The proposal is considered to comply with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 30th August 2023;

• o Site Plan
• o Location Plan
• o Drawing No.002
• o Drawing No.003
• o Covering letter and schedule _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

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 same as PA23/00521/C apart from the applicants want to be open from 12pm to 11pm on Sundays. - 2.2 PA23/00521/C description stated, "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 (as per para 2.1 and the application form and taken from 23/00521/C);

• 12pm to 10pm Monday - Thursday
• 12pm to 11pm Friday - Sunday PLANNING HISTORY

3.1 There is one previous application which is relevant to the assessment of this application, PA23/00521/C which was for, "Change of use of the former garage to a 1000L commercial

micro-brewery and taproom/events space for licensed events," and was Permitted with the following conditions,

• C1 - 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.
• C2 - 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.
• C3 - 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.

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 summary;

5.2 Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking, as there is suitable large vehicle manoeuvring/access and visitor parking in the area to accommodate the proposals." (02.09.23)

5.3 Port Erin Commissioners have considered the application and resolve to support the application. (13.09.23) PREAMBLE - 6.1 It should be noted that this application is the same application as PA23/00521/C and this application seeks to extend the opening hours to include Sundays. The overall principle, character and appearance, impact upon Highway Services and other matters such as an EIA have already been assessed under PA23/00521/C and as such this application is assessing the additional day opening only. ASSESSMENT - 7.1 The main issue to consider in the assessment of this planning application is whether the increase of the days of operation from Monday to Saturday, to Monday to Sunday would have an impact upon neighbouring amenity or the wider environment.

7.2 In the first instance it is relevant to note that the site is situated within a land designation of Mixed Use, which is an area where one would expect a higher degree of noise and disturbance through greater activity and therefore there needs to be a understanding by persons living in such areas that there is likely a greater level of background noise and general disturbances throughout the day and night, than those in more residential areas designations.

7.3 Whilst the site is not directly within the town centre where there will be a lot of noise due to the general opening and closing times of the shops, the site is directly within a stones throw of the Isle of Man Steam Railway, and the Rushen Football Club site, both of which will creates a certain amount of noise within the surrounding area. - 7.4 As such it is not considered that the extension of the opening hours would not have a detrimental impact on public and residential amenities given the location of the proposal. The

increase in the opening times would not result in an unacceptable increase in noise pollution or have an impact on local amenity above and beyond what would be expected of the surrounding area as per General Policy 2 and Environmental Policy 22.

CONCLUSION

8.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS - 9.1 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. 9.2 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 the Director of Planning and Building Control 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 : 25.09.2023 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.