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Application No.: 19/00404/C Applicant: Peter John Kaneen Proposal: Change of use of part of workshop as micro brewery Site Address: Kaneens Garage Main Road Union Mills Isle Of Man IM4 4AE Planning Officer: Miss Lucy Kinrade Photo Taken: 18.09.2019 Site Visit: 18.09.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 06.02.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: The application has been assessed on the specific proposal for one brewing unit and in the interest of neighbouring amenity.
Reason: The application has been assessed for brewing only and any other use would require being assessed as part of a separate planning application and in the interest of amenity and highway safety.
Reason: In the interest of neighbouring amenity and off road parking at the site in the interest of highway safety.
N 1. The applicant is reminded to contact the DEFA Environmental Protection Unit in relation to any drainage matters of the site and proposed use.
The proposal is considered acceptable and to be in accordance with the land use designation of the Local Braddan Plan and appropriate to the draft proposals set out in the pending Area Plan for the East. The proposal would seek to make best use of previously developed land within an existing service village and for a continued industrial use (Strategic Policies 1 and 7). The proposal is for a small scale brewing operation only 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 and 24). The small scale brewing operation only 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).
This approval relates to drawing number 4537/P1, email and PBC specification sheet date stamped and received 04/04/2019, and drawing number 4537/S1 - B date stamped and received 08/10/2019.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
1.0 SITE - 1.1 The application site forms part of the existing petrol station site in Union Mills. The petrol station and adjoining industrial unit are under the same ownership by the applicant including the hardstanding and separate access to the rear and which dog legs behind the adjacent residential properties and joins back with the main road and opposite the convenience shop and public car park on the adjacent side of the road. - 1.2 The site subject to this application relates specifically to the industrial unit from which the applicants vehicles repair garage previous operated until recently.
1.2 Access to the petrol station (fuel pumps and payment shop) is via the open forecourt from the main road, access to the industrial unit is primarily via the separate rear access lane, this rear lane also provides unrestricted vehicular access to an existing Red Diesel Pump and gas tank and to the rears of the two neighbouring properties. - 2.0 PROPOSAL
2.1 The current application seeks approval for the change of use of part of the industrial workshop into a micro brewing facility for the production of beer.
2.2 Information submitted as part of the application is for the installation of a 5.5 barrel micro-brewery which holds 900 litres. - 2.3 Submitted information further explains that the general brewing operation and activity would likely follow the operation hours of the existing petrol station which is currently (7am 10pm) with brewing generally being during the day with occasional weekend activity dependant on the natural processing of some beers demanding racking off at specific times in the brewing process. - 2.4 The applicant would be the only staff member initially and deliveries expected to be infrequent due to the bulk purchase of materials. - 2.5 The current proposal follows from the original submission which sought approval for the same micro-brewing facility but also for the sale of produced items from the site and the coming and going of persons for the tasting on site of the products. - 2.6 The agent for the application submitted a letter dated 8/11/2019 stating that the proposal was to include a shop and tasting sessions for visiting members of the public (maximum of 20) operating no later than 10pm Mon-Fri and 6pm Sundays. Concern was expressed to the agent that the extent of the operation lent itself towards a micro-brewery, retail shop and public house. In a responding email from the agent dated 25/11/2019 he advised that the application should progress for the micro-brewing operation only. - 2.7 On this basis the application is being determined for a micro-brewing facility for the production of beer only.
3.1 The site has been subject to three previous planning applications including:
3.2 PA 19/00291/B - Change of use to a micro-brewery and canning facility (retrospective) at a depot on Leigh Terrace within the centre of Douglas. This application was approved at appeal. The Inspector concluded the application was to return the premises to its last lawful use as a building for light industrial purposes. In relation to an EIA the inspector stated the following:
"33… ..IOMSP and Appendix 5 which identifies developments where an EIA is required. In particular it refers to sub-paragraph A.5.2 (g) which includes 'Brewing and Malting' (my underlining) as a development requiring an EIA and paragraph A.5.2 which states that 'It is proposed that the following types of development would require EIA in every case.' References are also made to the requirements for an EIA set out in Policy EP 24 and to Policy EP22.
4.1 The application site is in an area identified as being "Industrial" on the Braddan Local Plan 1991. Union Mills is also referred to as being a service village in the IOM Strategic Plan 2016 and areas where it may be appropriate to increase employment and housing opportunities. The site has an established use as a car repair workshop and various mechanical items still remain inside although the applicant no longer operates the business. - 4.2 The site remains identified as being industrial on the draft Area Plan for the East with no specific reference made to the site. The Inspector's report proposes the merging of Employment Proposal 1 and 2 requiring development of existing industrial land will only be supported for manufacturing, warehousing and distribution, office accommodation (subject to compliance with Strategic Plan Business Policy 7) or retail outlets (subject to compliance with Strategic Plan Business Policy 5). - 4.3 In assessing the current proposal regard will be given to the following policies and paragraphs of the IOM Strategic Plan: - 4.4 Strategic Policy 1: "Development should make the best use of resources by:
4.5 Strategic Policy 7:
"Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses."
4.6 General Policy 2 (states in part):
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
"7.17.1 It is important to protect the environment and quality of life by controlling development which would lead to unacceptable levels of water pollution, air pollution and other nuisances such as noise and smells. However, it is not the role of land use planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department of Local Government and the Environment. It is the intention of the following policy to prevent development which would unacceptably impact upon current and future land uses through the effects of pollution."
"7.19.1 Development will not be permitted where it would be incompatible with an existing use of land. In the case of new residential development, this will not be allowed where properties would suffer unacceptable loss of amenity due to exposure to existing sources of pollution whether this is from noise generation, odours or airborne pollutants such as dust. Not only could this reduce the quality of life of future residents but it could lead to future complaints that may prejudice any future development or expansion of an existing land use."
4.10 Environment Policy 24:
"Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity."
4.11 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:-
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.
4.12 Business Policy 5:
"On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either:
4.13 Transport Policy 7:
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Light industrial, research and development - 1 space per 30 square metres nett floor space. General industrial - 1 space per 50 square metres gross floor space.
4.14 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
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Braddan Parish Commissioners - No Objection (dated 03 May 2019)
5.2 Department of Infrastructure (DOI) Highways Division - Do Not Oppose Subject to Condition (14/06/2019)
6.1 The land use designation for the site is industrial although its context is particularly unique in that it is wedged between two residential properties and adjoins an existing petrol station. As per 4.14 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).
6.2 The existing site has been previously operated as a car repair garage with no restriction on hours of operation, comings and goings of staff/customers or noise/smells omitted from the site (unless restricted by other legislation eg. Noise Act 2006). A sizeable commercial car repair use is unlikely to be undertaken in a residential area given the scale of operation and the processes and machinery usually involved, however the current repair garage is relatively small scale and has been and could potentially to continue to operate in this semi-residential area lending itself as being akin to a light industrial use (noting that the sale of fuel is Sui Generis and therefore the overall use of the site is Sui Generis).
6.3 The brewing operation as proposed is relatively small scale with only one 5.5 barrel installation holding 900 litres. The proposal is not considered to require an EIA and not to be of such offensive as to be considered a special industrial use. The noise relating to the brewing of beer is expected to be a quieter than a car garage but the smells and deliveries could be beyond that of a 'light industrial' use. Given the scale and method of working it is considered that the use is potentially capable of being a light industrial use in accordance with Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012. It would also result in a degree of separation of the two elements of the previously single planning unit. - 6.4 The one barrel brewing operation is to be contained within the existing industrial building and accommodating approx. 185sq m in floor area. The smells expected are likely to be contained within the existing building however should any doors or windows be open it's inevitable that these smells are going to escape. Additional information provided by the agent indicates that the steam smells produced by the brewing process could be reduced by up to 80% by fitting a condensing chimney, or by limiting brewing times to the evenings as to avoid impact on daytime activities in surrounding areas. - 6.5 In comparing the existing garage use (including the remaining fuel pumps) and proposed brewing use, the former would result in noisy activities, the potential for some smells, dust and dirt and likely high volume of coming and going of vehicles from the site, the latter would likely have a lesser noise, dust and dirt impact and a lesser coming and goings of vehicles to the site, however may result in an increase smell or a different smell omitting from the site. The ratio of negative and positive points here indicates that the proposed microbrewery is not likely to be neither any worse nor better than the existing car garage and on balance the impact on neighbouring properties is not expected to be significantly affected as a result.
6.6 Comments from DOI state that the proposal would be acceptable so long as there were no visitors or public tours of the site as parking to accommodate such a use is unlikely to be available within the site and the Union Mills area already suffers from on-street parking issues. Initially the applicant sought to have brewery tours and tastings, and retailing of the products
at the site and information dated 08/10/2019 outlined that the intended nature of the business operation would in fact require the application being re-advertised as a micro-brewery, shop and public house. However following review of the DOI comments coupled with the outlined need to re-advertise in order to include the retail and sampling on site, the agent advised that the application should continue on the basis of the micro-brewery for the brewing of beers only.
6.7 The progression of the application on the basis of brewing only will minimise the number of comings and goings to staff or general deliveries only and the existing rear hardstanding will be sufficient to accommodate the required 3.5 car parking spaces for the industrial use (1 per 50 sq m) and without detriment to the staff parking needs of the petrol station or the turning and manoeuvring of vehicles using the red diesel and gas pumps, and without resulting in any demand for on-street parking in the area. - 6.8 Due to the small scale of the process, the low requirement for staff and the nature of the brewing process where the product is left to ferment and periodically monitored, and that overnight brewing may be undertaken that the hours of operation have some flexibility and restrictions in this case would be unreasonable (the existing garage use and petrol station are also non-restricted in their operation hours). - 6.9 In light of the additional information provided by the agent, an infrequent instance of members of the public visiting the facility by appointment could be considered, to a degree, an ancillary activity to the primary use of the building, however it would be in the owner/operators best interests to keep this aspect of the business to a minimum, as arguably the extent to which this is likely to become a significant nuisance would also be the point where there could be a potential, material change of use. - 6.10 There is no reason at this stage, given the one barrel brewing systems to be installed, to believe that the proposed use will result in any adverse environmental conflict with nearby uses by way of noise, odour or other pollutants above or beyond the existing general industrial use of the car garage. It is understood that the brewing process creates a waste by-product which may create odour, to ensure this does not adversely affecting neighbouring amenity through external storage and smells a condition shall be added restricting any external storage to a maximum of 24 hours and their storage must be in sealed containers.
7.1 The proposal is considered acceptable and to be in accordance with the land use designation of the Local Braddan Plan and appropriate to the draft proposals set out in the pending Area Plan for the East. The proposal would seek to make best use of previously developed land within an existing service village and for a continued industrial use (Strategic Policies 1 and 7). The proposal is for a small scale brewing operation only 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 and 24). The small scale brewing operation only 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 In light of the above and for the avoidance of doubt, suitably worded conditions shall be added to the approval stating that there shall only be one 5.5 barrel for brewing within the building and that there be no display, retail or sales from the unit, no external storage of waste by-product.
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:
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 17.02.2020
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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