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Endless Design Ltd European House Peel Road Douglas IM1 5ED
Planning and Building Control Directorate Department of Environment, Food and Agriculture Murray House Mount Havelock Douglas IM1 2SF
14 HAR 2019
Ref: 2100/B/PL/01
March 12 2019
Dear Sirs,
Re: Retrospective application for Change of Use in relation to The property known as the 'Depot', Leigh Terrace, Douglas
This letter accompanies the following documents compiled in relation to the above:
Also enclosed is a cheque made payable to the Isle of Man Government for £285.00 having been calculated in accordance with 3(a) of the Town and Country Planning (Application & Appeal Fees) (No2) Order 2016, based on an area calculation of 571m².
The above property has been operating as the brewery for the Hooded Ram Brewery since November 2017 however, it has been bought to the applicants' attention that they have unwittingly been doing so in breach of planning regulations.
The Brewery was established in this location following consultation with the Planning Department, as outlined further herein, where the applicant was advised that the property had continued to be used for light industry and therefore a change of use application was not required for the creation of the Brewery.
However, it has since come to light that the previous use of the building did not satisfy the approved classification of light industry as the previous tenants, 'Go Marketing', had in fact operated as a warehouse and distribution operation directly to commercial customers. Whilst this change of use occurred without the required approvals in place, 'Go Marketing' had operated as such in excess of 10 years, therefore effectively overriding the authorised use of
the property. This fact had not been highlighted during the sale and purchase of the site. Furthermore, a Certificate of Lawfulness application would not be viable as the proposed usage is to revert to the original, now superseded, light industrial use.
Accordingly, due to the revelation of this unauthorised change of use, the applicant is hereby applying for a retrospective Change of Use approval to reinstate the property's use classification to light industrial.
As mentioned, ahead of undertaking any works on the property, advice was sought from the Planning Department in September 2017 as to whether the proposed use of the site as a brewery would require planning approval. The following was advised by Mr Balmer, Senior Planning Officer, via email dated 23rd September 2017: "In terms of the unit on Leigh Terrace, Castletown Road, Douglas the past planning application was for: "Creation of delivery access door to existing industrial unit, former H.E. Richards premises, Leigh Terrace, Castletown Road, Douglas." - 96/00850/B which was approved.
The site is also designated as being light industry us on the Douglas Local Plan. Accordingly from our records the last use of the building was as indicated above as "existing industrial use". Accordingly, unless the last uses within the building were not used in this manner for 10 years or more (i.e. industrial use), I am content that the unit could be again used for industrial purposes without the need for a change of use application being made for the brewery process."
Based on the above, understandably the applicant confidently proceeded with the purchase of the property, the brewery installation and operation. Furthermore, since occupying the property, two further planning applications have been granted associated with the property's use as a brewery with the knowledge of the Planning Department of the circumstances surrounding the buildings usage (18/00270/B \& 18/00271/D).
As already outlined, the site is currently operating as a Brewery serving the Hooded Ram brand which has seen the creation of the Hooded Ram pub and separate off licence across the road from the site on the North Quay, both of which have proved to be successful.
The Hooded Ram is a craft ale brand whose main brewing facilities remains sited at off Peel Road and are intended to remain so, indeed the main bottling facilities are sited there. The Leigh Terrace brewery serves to provide a small facility for experimental, specialist and occasion brews and therefore its use is comparatively lightweight. To complement this, the long-term plan for the site is to install small scale canning machinery for the production of canned ales as noted on the accompanying drawings.
The operating hours of the brewery are typically 7:30am till 3:00pm with meaningful works commencing around 8:30am. These hours are usually observed five to six days a week, as demand dictates. These work hours can vary during periods of high demand when longer working days may be required and/or works taking place on Saturday and/or Sunday.
Guided tours of the brewing facilities are proposed which would culminating in a visit to the Hooded Ram pub across the bridge on North Quay. These would occur in the early evening, after brewing hours, and only once a month with the possibility of increased tours over festival periods such as the TT where these may occur as frequently as a couple of times a day to suit demand.
Any noise associated with the operation of the brewery occurs within the working day, as would be expected for an area classified for light industry use, and are done so with respect of the neighbouring residential apartments and this would be true of the use of the proposed canning line and the introduction of tours.
It is worth noting that the since operation, the brewery has received no direct complaints and has had an 'open door' policy of engaging with the public.
The circumstances surrounding the need for this application are unfortunate, and we trust that the Department can appreciate the applicant has operated in good faith on the basis of information and guidance received which has only now been shown to be incorrect.
Accordingly, it is hoped that this application - to reinstate the use of the site as it had been originally intended and as should have been used previously - shall be approved.
We trust the enclosed is satisfactory, however you have any queries or require any further information and/or clarification please do not hesitate to contact me.
Yours sincerely,
JIM BROOKMAN For and on behalf of Endless Design Limited cc. File/Client
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