Officers Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 25/10036/AIR Applicant: Bushy's Brewery Proposal: Information in relation to conditions 2, 4, 6, 7 and 8 of PA 23/01235/B for materials to be implemented, the parking management plan, breeding bird and bat emergence surveys, ecological mitigation plan and low level lighting. Site Address: Castletown Commissioners' Yard Milner Terrace Castletown Isle Of Man IM9 1TE Planning Assistant: Mrs Charlotte Crowe Recommended Decision: Permitted Date of Recommendation: 07.05.2025

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

NOTE. In the instance of the submitted details and after consultation with the case officer, who is happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning conditions 2, 4, 6, 7 and 8 of planning application 23/01235/B, under the understanding that the development shall not be carried out unless in accordance with the approved details.

Plans/Drawings/Information;

This application hereby approved relates to drawings and documents submitted to the Department titled: APPLICATION FORM and CONDITIONS 2467 8 DISCHARGE DETAILS (PA 23-01235-B) (002) all recorded as being electronically received on 26.02.2025

__________________________________________________________________________ Officer’s Report

1.0 DESCRIPTION - 1.1 The proposed application 23/01235/B for the proposed re-development of Commissioners Yard, Workshops & Office including dwelling house to provide a Brewery and associated Tap Room, Eatery & Offices was approved by the Planning Committee on

• the 08.04.2024 subject to 9 conditions some of which required submission of additional information prior to the commencement of work.
• 1.2 This report is specific to conditions (2), (4), (6), (7) and (8) which the applicants are seeking to satisfy.
• 1.3 Specific wording of the conditions are as follows:

• (2) Prior to the commencement of development on the site area including any works of demolition, precise details and samples of the construction materials proposed to be used for the external surfaces of the new Brewery building as outlined on Drawing No. WL/23/1574 - 3A; and the conversion of the existing workshop, dwelling, link extension and garden terrace as outlined on Drawing No. WL/23/1574 - 2; shall be submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with these approved details. The details shall include samples of natural roof slate, dressed limestone, vertical timer cladding and colour finish; details of the lime mortar and mortar mix to be used; details of rendering; window and door frames; guttering and downpipes; and Velux conservation type roof lights.

REASON: In the interests of visual amenity and to secure a high quality form of development that would readily assimilate into its surroundings.

(4) Prior to the commencement of the development hereby approved, and in conjunction with the requirements of condition 3 for the implementation of the approved car parking layout as shown on Drawing No. WL/23/1574 - 4I - stamped received on 16th January, 2024, of this planning permission, a Parking Management Plan shall be submitted to and approved in writing by DEFA Planning. Such plan shall:

• o Designate the three spaces fronting the office for use of Milner Terrace residents, mitigating the loss of parking; and,
• o Secure the use of the three parking spaces gained at the Claddaghs car park for
• office staff use; Thereafter these spaces shall be made available for Milner Terrace residents vehicle parking

• (3 spaces on site opposite Milner Terrace); and, office staff vehicle parking (three spaces gained at the Claddaghs car park) for the lifetime of the development.

REASON: To ensure that adequate vehicles parking provided to serve the occupants of Milner Terrace and to provide suitable parking spaces within easy walking distance for Office Staff working in the Brewery development in the interests of highway and pedestrian safety.

• (6) Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by DEFA Planning. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, as well as methods to eradicate any invasive species that may be present (Japanese Knotweed). All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

REASON: In the interests of visual amenity and to secure a high quality form of development that would readily assimilate into its surroundings.

• (7) Prior to the commencement of development, including any repointing, an ecological mitigation plan written by a suitably qualified ecological consultancy, informed by the surveys secured by condition 6 of this planning permission, shall be submitted to and approved in writing by DEFA Planning and the development then carried out in accordance with these details. The ecological mitigation plan must contain measures for the avoidance and minimisation of impacts on wildlife, as well as compensation measures. Details should include the location of all existing nesting and roosting sites; and, those that are proposed to be retained and protected, the number, type, specification and location of new bat and bird bricks, hedging species, lighting requirements, work timings, Ecologist supervision as well as other measures required by the ecological surveys. Thereafter, these features shall be permanently retained and maintained. REASON: For the protection of legally protected and high conservation concern species.
• (8) No works to commence until a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023) and recommendations within the Ecological Mitigation Plan required by Condition 7 of this planning permission has been submitted to Planning and approved in writing. All works must be undertaken in full accordance with this plan.

REASON: To ensure that the development has an acceptable impact on the environment in respect of Bats which are a protected species.

2.0 PROPOSAL - 2.1 The applicants have submitted a full details for the materials and finishes to be implemented the parking management plan, breeding bird and bat emergence surveys, ecological mitigation plan and low level lighting, along with a duly completed application form received on 28.02.2024. - 2.2 (2) The materials proposed in the construction/refurbishment of the building are:

• o Material - Natural Welsh Roof Slate Size - 500x300mm (20"x12"). Colour - Heather Blue Grade - County Grade (7mm). Manufacturer: Penrhyn
• o Material: Dressed Limestone Description: Existing Dressed Limestone Gate Pillars
• o Material: Vertical Timber Cladding Description: British Larch or Douglas Fir Approx. 25mm thick x 125/150mm wide, fixed vertically board on board/Yorkshire boarding
• o Material: Lime Mortar & Mortar Mix Description: Pre-mixed NHL 3.5 Lime mortar. Manufacturer: Baumit or K-Lime
• o Material: Guttering & Downpipes Description: Cast Iron effect gutters, downpipes and associated fittings. Manufacturer: Brett Martin 'Cascade' range. Colour: Classic Black
• o Material: External Rendering Description: Pre-mixed NHL 3.5 Lime mortar. Manufacturer: Baumit or K-Lime. Colour: TBC
• o Material: Roof lights Description: Conservation type roof lights complete with recessed flashings. Manufacturer: Velux. Colour: Black
• o Material: Windows Description: Accoya framed, sliding sash and casement windows, painted with Teknos microporous paint system, glazed using Fineo vacuum glass. Manufacturer: Frames Local Joinery contactor), Glass (Fineo), Paint (Teknos). Colour: TBC

2.3 (4) Parking Management Plan:

• 2.3.1 Parking Allocation (Off Site Staff Parking) Location: Claddaghs Car Park - Back Hope Street, Castletown (as identified on approved drawing no 7B).

• Spaces Allocated: 3 spaces (numbered 18, 47 & 48 - see attached licenses from DOI Harbours Division). Usage: These spaces will be reserved exclusively for the employees of the proposed development. Access: Employees will have unrestricted access to these spaces.
• 2.3.2 Parking Allocation (On-Site Public Parking): Spaces Allocated: 3 additional spaces created on the proposal site in front of the proposed offices. Usage: These spaces will be available for public parking under the following conditions: Type of Vehicles Allowed: Motor cars or motorcycles only (motorhomes are not permitted). Duration: Parking permitted for a period of 12 hours within a 24-hour period. Signage: Clear signage will be displayed on-site to outline the duration and frequency of permitted stay together with enforcement measures and penalties. Enforcement Measures: Penalty Notices: Fines will be issued if parking rules are abused. Clamping: Unauthorised parked vehicles may be clamped. Release Fee: A release fee will be charged for clamped vehicles.
• 2.3.3 Rationale: These measures are necessary to: Provide order and structure within the parking area. Deter unwanted and unauthorised vehicles. Mitigate the loss of on-street parking on Milner Terrace. Protect the business reputation and ensure customer satisfaction.
• 2.4 (6) Breeding bird survey report: the breeding bird survey report gives comprehensive details in relation to a number of different bird species which identifies and provides safeguarding for legally protected species.

• 2.4.1 The report indicates different dates and times in which surveys were undertaken. The results have been shared within the report, and nesting sites have been indicated.
• 2.4.2 Conclusions - Building A is the oldest and is the most important structure for nesting swifts and house sparrows because it has many holes in the stonework where pointing has fallen away. There must be cavities behind these holes suitable for nesting swifts and house sparrows. The house sparrows and swifts use the same sort of holes. House sparrows begin nesting earlier than swifts. Sparrows may use external sparrow boxes. In the mitigation hierarchy avoidance of loss or disturbance is the primary aim. At least 10 holes used in 2024 should be maintained for breeding birds, primarily swifts, recognising that house sparrows may use some of these holes.

2.5 (7) The Manx Bat Group also performed a full survey. The findings are as follows (in part):

• 2.5.1 Manx Bat Group were engaged to carry out a bat survey of the Castletown Commissioners Yard as part of the conditions of planning application for building of a brewery and conversion of the existing Manx stone buildings to offices, Tap Room and Eatery. An initial internal and external inspection of the buildings showed no signs of bats roosting, but there were several potential roost features (referred to as PRFs in rest of this report) identified.
• 2.5.2 A daylight inspection of the buildings, both externally and internally was carried out using high powered binoculars and a torch where required. A Static recorder was left in a

• suitable location for 5 days within the yard to monitor any bat activity around the stone buildings. This was followed by an emergence survey of the 2 stone buildings with experienced surveyors being stationed strategically around the buildings to be able to see all points. The emergence survey did not include the building indicated by the red arrow or the porta cabins as these were deemed to have no current use or future potential for roosting bats.
• 2.5.3 RESULTS: Large garage indicated by red arrow - This had no obvious PRFs in the exterior walls. At the south-eastern end of building there were 4 in-set, concrete filled / blocked, windows, again with no PRFs. Inspection of the inside of the building showed no droppings or other evidence of bats. There were no crevices or cracks visible anywhere on the inside that could be used as PRFs. The underside of the roof was fully exposed to the inside, and there were several skylights which allowed too much daylight into the building to make it an ideal location for bats.

Stone building indicated by light blue arrow - The 2 houses have a loft space, one of which was accessible, but although the 2nd house had an access hole, this was blocked and too small to access the loft space. There was no evidence of bats to be found in any of the rooms in the houses. The loft space that was accessible showed that the there was a BRM between the slates and the roof joists and that the 2 loft spaces have been separated by plaster boarding. There was no evidence of bats having been in the loft space that could be accessed.

• 2.5.4 None of the buildings are being used by bats as a maternity roost. 2 bats were observed emerging from one of the buildings, so mitigation would be required for these bats during and after any works were carried out. It is also the thoughts of the author of this report that the yard (and the yard to the west currently housing a poly-tunnel are of no great importance as a feeding site for bats and not really used as a flight path between roosts and other feeding sites. It is therefore the opinion of the author that the works should be carried out provided the mitigation in the next section is observed and implemented.
• 2.5.5 Mitigation work on the building where the 2 bats were seen emerging should ideally be carried out during the winter period of October to March, when bats will be hibernating. If the work has to be carried out any other time (and preferably even during that period) the area indicated should be closely inspected by a licensed bat worker using an endoscope where appropriate. The slates around the apex in the area suspected as a possible bat roost, on the western side should be carefully and slowly removed by hand and careful checking for bats whilst this work is undertaken. Should any bats or bat droppings be seen then the slate should be carefully replaced, any further work should stop in this area immediately and DEFA should be contacted for further advice. If possible, any gaps in the wall or between the slates and wall or gaps / cracks in the indicated area should be left unpointed, but if not possible a bat box or bat brick should be placed in the apex of the roof in the area indicated. No vents or chimneys should be exhaust into the area where the bats exited. And no lighting should be sighted where it will shine or cause excessive light spill on the apex of this building.
• 2.5.6 (6) Comprehensive details of all bat / bird boxes and nesting cups/bricks have been provided.

2.6 (8) Details in relation to the external / low level lighting have been provided and agreed by the Department's Ecosystem Policy Officer.

3.0 CONSULTATION - 3.1 The recommending officer of the original application was consulted for advice on the satisfaction of condition. The advice received on (03.03.2025), after their review of the submitted documents, concludes that they are pleased to confirm that the information satisfies the relevant clauses. - 3.2 The Department's Ecosystems Policy Team were consulted for advice on the satisfaction of condition. The advice received on (26.02.2025), after their review of the submitted documents, concludes that they are pleased to confirm that the information satisfies the relevant clauses.

• 3.2.1 Comments received state "The Ecosystem Policy Team can confirm that we are content with the information submitted to discharge conditions 4, 7 and 8 of 23/01235/B. This includes:

• o The Island Biodiversity Consultants Breeding bird survey report dated August 2024
• o The Manx Bat Group's Bat survey report dated September 2024
• o The Island Biodiversity Consultants Ecological Mitigation Plan dated October 2024
• o Tamlite's lighting plans.

The Island Biodiversity Consultants and the Manx Bat Group found a multitude of actively used bird nesting spaces of multiple species on site and an active bat roost, and therefore it is imperative that avoidance, mitigation and compensations measures are put in place, and strictly adhered to during construction and operation. These measures are adequately detailed in the submitted Ecological Mitigation plan. As an active bat roost was found it is also a legal requirement under Section 10 (5) of the Wildlife Act 1990 for the applicant to obtain advice from DEFA, which advises on the method of works, prior to works commencing." 28.02.2025

3.3 The Department's Registered Buildings Officer was consulted for advice on the satisfaction of condition. The advice received on (25.02.2025), after their review of the submitted documents, concludes that they are pleased to confirm that the information satisfies the relevant clauses.

4.0 RECOMMENDATION 4.1 In the instance of the submitted details and after consultation with the case officer, who is happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning conditions 2, 4, 6, 7 and 8 of planning application 23/01235/B, under the understanding that the development shall not be carried out unless in accordance with the approved details.

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: 07.05.2025 Determining officer

Signed : C BALMER Chris Balmer Principal Planner