APL Planning Statement

Planning And Environmental Impact Statement In Support Of The Conversion Of The Existing Castletown Commissioners’ Yard To A Brewery (Class 2.3) And Associated Food And Drink Facilities (Class 1.3), Alexandra Road And Milner Terrace, Castletown

An aerial view of the Commissioners Yard site showing industrial buildings, parking areas, and surrounding residential properties.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

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1.0 Introduction
1.1 The site is an area which abuts Mill Street in the south east and Alexandra Road to the north and is currently used as Castletown Commissioners’ depot for storage, growing of plants (including a polytunnel), parking of vehicles and workshop - considered to be a mix of Classes 2.2, 2.3 and 2.4 of the Town and Country Planning (Use Classes) Order 2019. There is also a three bedroomed dwelling on the site with an office building attached (Class 3.3).
1.2 The buildings on the site are a mix of old, limestone structures and also more modern buildings, some of which have utilised the remains of older buildings on the same footprint:

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A photograph showing a stone building with a flag pole and stacked wooden pallets in the foreground, with a greenhouse visible in the background.

A photograph showing the exterior of a long stone building, identified as Commissioners Yard, with utility vehicles parked in the foreground.

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A photograph showing the exterior of a traditional stone building with slate roofing and chimneys, situated in a yard with potted plants and stacked materials.

A photograph showing a gravel yard containing a large polytunnel greenhouse and a stone building with potted plants nearby.

1.3 To the north of the site is S&S Motors which accommodates a fuel filling station, vehicle sales, shop and workshop. To the north east, on the western side of Mill Street is a stone building which is presently used as a children’s nursery with the garden area in front of the Commissioners’ building used as play space therefor (see Planning History).
1.4 Northcroft Apartments sit on the western side of the entrance onto Alexandra Road and on the eastern side of Mill Street, opposite the site and the nursery, is Milner Terrace - a row of 15 terraced dwellings.
1.5 To the west of the main part of the site is Ellerslie Gardens, a group of nine dwellings. The site is overlooked by the semi detached houses on plots 7 and 8 although there is an existing tree/shrub which prevents a clear view into the site from the gable of the house on plot 5A (see below).

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A photograph of an outdoor yard area featuring a white residential building on the left and a stone outbuilding on the right, with a polytunnel structure in the center.

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A photograph showing the exterior of an existing stone and brick workshop building with a large open bay door and paved yard.

A street-level photograph showing a row of grey stone buildings identified as Commissioners Yard, featuring hanging flower baskets and a parked car.

1.6 Some of the existing buildings - the cottages and the footprint of the modern storage building next to Mill Street, appear on the 1860s County Series maps prior to the development of Milner Terrace and Alexandra Road:

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2.0 Planning context
2.1 The site is designated as Industry on the Area Plan for the South which was adopted in 2013.
2.2 The site abuts but is outside of the town’s Conservation Area (shown green on the above plan). This proximity to the Conservation Area results in the Strategic Plan requiring that “where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area” (Environment Policy 36).
2.3 The importance of employment opportunities is acknowledged in the Plan as follows:

“6.3.1 The Isle of Man Strategic Plan recognises the important role that Douglas plays in relation to employment and business. It also seeks to encourage employment opportunities throughout the Island. These must however: be at a scale which is appropriate to the area; have available public transport links; be close to sources of labour; and be serviceable.”

2.4 The site is referred to specifically at paragraph 6.7.1 as a “small scale industrial site” and that “Any applications to develop/re-develop these sites will be dealt with through the normal development control process taking into account the particular developments being proposed, any site constraints (including flood

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A planning map or site plan showing land use zoning, with a purple area labeled 'Ind' and distinct green boundary lines.

risk), any mitigation measures and relevant Isle of Man Strategic Plan Policies and Area Plan Proposals.”

A zoomed-in section of a site location map displaying the street name 'Alexander Terrace' and adjacent colored land use zones in purple and green.

2.5 The use of industrial premises or land is controlled by Business Policy 5 of the Strategic Plan as follows:

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:

(a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or
(b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area.

2.6 Business Policy 6 states that “Where land is zoned in Area Plans for industrial use, the Department will include development briefs which identify any particular local needs” although no such brief was included in the Area Plan for this site.
2.7 There are no Registered Buildings on the site although the cottages are certainly old and have some historical interest as a result and the site is not within the Conservation Area.
2.8 There are no Registered Trees or Registered Tree Areas on the site.
2.9 In terms of flood risk, a small part at the eastern edge of the site is shown as being at high risk of tidal flooding associated with the Silverburn. Other parts of the site are shown as being at some risk of surface water flooding.

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2.10 The Strategic Plan presumes against development which would be at risk of or increase flood risk elsewhere (Environment Policies 10 and 13).
2.11 The Strategic Plan has a general policy which is applicable to all development which is consistent with the land use designation (and should be applicable to all development regardless of the land use designation):

General Policy 2: 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:

(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(c) does not affect adversely the character of the surrounding landscape or townscape;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and

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(n) is designed having due regard to best practice in reducing energy consumption.

2.12 Strategic Policy 1 states that: “Development should make the best use of resources by:

(a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials;
(b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
(c) being located so as to utilise existing and planned infrastructure, facilities and services.”

2.13 Castletown is identified as a Service Centre in the settlement hierarchy in the Strategic Plan where “Outside Douglas development will be concentrated to provide regeneration and choice of location for housing, employment and services” (Spatial Policy 2).
2.14 Development is generally directed to existing settlements in the interests of sustainable development (Strategic Policies 2 and 10, Spatial Policy 5).
2.15 Development should acknowledge existing settlement character and enhance the environment (Strategic Policies 3, 4 and 5).
2.16 Environment Policy 22: “Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

i) pollution of sea, surface water or groundwater;
ii) emissions of airborne pollutants; and
iii) vibration, odour, noise or light pollution.”

2.17 There are references within the Strategic Plan to pollution and where further information in the form of an Environmental Impact Assessment will be required with any application:

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“Environment Policy 24: Development which is likely to have a significant effect on the environment will be required:

i) to be accompanied by an Environmental Impact Assessment in certain cases; and
ii) to be accompanied by suitable supporting environmental information in all other cases.”

Environment Policy 24 [sic]: Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity.

Business Policy 4 also requires special industrial development to be accompanied by an Environmental Impact Assessment. Special industrial development is described as that 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. AS the brewing industrial can sometimes result in impacts through smell and noise, this is classed as something which will in all cases require an Environmental Impact Assessment although it will be demonstrated later in the report why the proposed development should be considered acceptable on this site and that any environmental impacts are acceptable.

2.18 Appendix 6 sets out further information and lists developments which will automatically require an Environmental Impact Assessment, including:

“(g) Food industry…brewing and malting”

Environmental Impact Assessment (EIA) is defined at page 117 of the Strategic Plan as:

The means of assessing the impacts (good and bad) of a proposed development on the environment, prepared by, or on behalf of, the developer/applicant. An EIA should aim to ensure that the planning decision is made in the knowledge of all the likely environmental effects of the development, and of the proposals for mitigating adverse effects and enhancing positive effects.

2.19 Strategic Policy 8 states: “Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality,

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where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions.”

2.20 Car parking is required by Transport Policy 7 to be provided and Transport Policy 4 requires that the existing highway network is capable of accommodating the proposed development. Appendix Seven provides standards which development should satisfy although in some instances, flexibility may be applied where the development:

(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
(b) would result in the preservation of a sensitive streetscape; or
(c) is otherwise of benefit to the character of a Conservation Area.
(d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

2.21 The standards applicable to this development are:

General industrial - 1 space per 50 sq m gross floorspace Offices (in town) - 1 space per 50 sq m nett floorspace Town centre shops - space for service vehicle use Neighbourhood shops - space for staff, customers and service vehicle use.

2.22 Retail development is discussed in the Appendix:

“Retail A.7.4 Most shopping facilities in established centres do not have on site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets (Peel, Castletown, Douglas and Ramsey in particular). In most of these cases, provision is made for servicing outside trading hours from relaxation of the access regulations and the use of de-mountable bollards and rear access lanes. It is impracticable to require on site car parking for either staff or customers in such locations although it must be feasible for retail developments to be serviced. It is equally essential that there are available sufficient areas of public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to

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those who need them. Neighbourhood shops to serve new residential areas can be incorporated into estate layouts and should provide spaces for staff, customers, and service vehicles.”

2.20 In addition to the above, Government has very recently published a draft Economic Strategy for the Island which contains objectives for the expansion of the population and employment opportunities and “setting the foundations for investment and economic security for the next 10 years and beyond” and where the vision is “to build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man.”
2.21 Finally, the loss of publicly valuable open space is presumed against:

Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

(a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
(b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.

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3.0 Planning History
3.1 Application site 00/01634/B - extension to storage shed - approved

98/01610/B - erection of eight dwellings - approved

3.2 Children’s nursery site 22/00814/B - increase of the number of children on site from 41 to 56 - pending consideration 15/01232/B - erection of fencing and use of land as a children’s play area - approved (land in front of the site) 15/00613/C - change of use from children’s play facility to children’s nursery - approved

12/00581/B - conversion of former showroom and workshop to children’s play facility with cafe - approved at appeal 09/01619/B - erection of car showroom - approved

99/02083/B - refurbishment of building including raising roof level and installation of upper ground floor for vehicle showroom and workshop below - approved

3.3 S&S Motors

13/01197/D - relocation of illuminated signage - withdrawn 09/01619/B - Erection of a car showroom with staff area and storage above - approved 95/01101/B - installation of car wash - approved 89/00797/B - installation of above-ground diesel storage tank and dispenser - approved 89/00198/B - Erection of canopy over forecourt in Totals colours and erect illuminated pole sign - approved 88/01801/B - Installation of underground petrol tanks and pumps - approved 84/00575/B - installation of petrol pumps, storage tanks and interceptor - approved

3.4 Ellerslie Gardens 02/01735/B - erection of an additional dwelling - approved at appeal
3.5 Northcroft Apartments 08/01075/B - development of 23 apartments - approved

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4.0 Proposed use and development of the site.
4.1 It is proposed to use and develop the site for use as a brewery (Class 2.3) with associated hospitality facilities (tap room for the produce created on site - Class 1.3) together with offices associated with the other uses on site. This would involve the erection of a new building on the site of the existing portal framed structure and portacabin on the site. Access into the site would be from Alexandra Road and exit onto Mill Road/Milner Terrace opening up the frontage onto Milner Terrace in front of the new building, removing the existing railings and gate pillars.
4.2 The existing stone buildings on the site would be retained, refurbished and converted to the brewery office and eating and drinking facilities with a new pergola/terrace/glazed extension to the south of the existing buildings to provide outdoor eating and drinking facilities, associated with the brewery with a link extension built to join the two existing stone buildings to provide toilets, storage and kitchen facilities and a small cellar extension on the south western elevation of the larger existing workshop building. A brewery compound will be created to the north west of the new brewery building.
4.3 Pedestrian access will be provided from Milner Terrace, separate from the car parking and vehicular access along the remainder of this frontage of the site.
4.4 18 car parking spaces will be providing to the north west of the buildings with 7 parking spaces for staff and the brewery vehicles immediately in front of the south eastern elevation of the building, off Milner Terrace along with 3 parking spaces for the brewery offices. These spaces will be created through the removal of the roadside gate pillars, dwarf wall and railings.
4.5 The north western elevations of the existing stone buildings to be retained will be changed very little with re-glazing of the existing window and door openings in a more consistent and sympathetic form with the introduction of one additional window in the ground floor of the workshop. The rear elevations will have new windows installed (there is none currently), a new single storey cellar extension added within and conservation style roof lights in the existing workshop building.
4.6 The existing workshop will become the restaurant with up to 90 covers with a further outdoor seating area which could accommodate up to an approximately further 60 persons.

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4.7 The office will accommodate approximately 81 sq m of nett floorspace which generates a requirement for two parking spaces.
4.8 The new brewery building will be finished in rendered walling up to a height of 2m with timber cladding above with stone and glazed features in the centre of the south western elevation and a stone castellated feature in the centre of the Milner Terrace elevation and north western elevation. Limestone entrance pillars with decorative metal arched sign will span the space between the proposed offices and new brewery building.
4.9 The applicant has commissioned a Protected Species Ecological Assessment which was undertaken by Island Biodiversity Consultants. This considers the site and its actual and potential habitat provision, together with measures for mitigation of any impact from the development.
4.10 The application also includes a Transport Assessment prepared by Highways Mann.

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5.0 Assessment
5.1 The application will be subject to the relevant planning policies and also, to the higher examination of some of these elements by way of an Environmental Impact Assessment. This is dealt with as part of the planning assessment below.
5.2 Background to the application and site

5.2.1 The applicant, Bushy’s Brewery which is presently accommodated in buildings to the rear of The Forge restaurant in Braddan. Their buildings are reaching the end of their useful life and now require significant investment. It would be desirable for the business to be located more sustainably and where it could accommodate catering/hospitality facilities on site within convenient walking distance of its customers and within and be part of a community.
5.2.2 Like Douglas, brewing was historically an important industry for Castletown: Castletown Brewery was established in the 1860s, it operated from the Castle Rushen Brewery and was run until 1900 when the business was acquired by Isle of Man Breweries Ltd. The Brewery is shown on the 1860s County Series maps:

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5.3 Planning policies

5.3.1 The site is designated for industry on the Area Plan for the South, which would be consistent with the brewery operation: furthermore Business Policy 5 clearly states that on land designated for industrial use, only industrial development will be permitted.
5.3.2 Any application for a brewery is required to be accompanied by an Environmental Impact Assessment (Environment Policy 24 and Appendix Six of the Strategic Plan) to demonstrate that the operation is not unacceptable in particular in terms of the traffic, noise, smell impacts of the proposed operation (Environment Policy 22). However, it is relevant that historically breweries have been located in the heart of settlements - the Castletown Brewery for example, Heron and Brearley in Drumgold Street in Douglas, Okell’s brewery in Castle Hill and the Glen Falcon Brewery also in Douglas although some now accommodate different uses of these sites.
5.3.3 It is important that development is directed to sustainable sites (Strategic Aim, Strategic Policies 1, 2 and 10 and Spatial Policy 5). It is also important that developed sites within settlements are optimised (Strategic Policy 1) but that not all land is used for residential development in order to ensure that the settlement retains opportunities for employment and economic activity and that the settlement has a function which is not just a dormitory (Spatial Policy 2). There clearly needs to be a balance to ensure that different uses which sit next to each other do not result in unneighbourliness through overlooking, noise, smell or disruption and that the traffic and parking generated by the proposed use can be accommodated on the site.
5.3.4 Any application will need to demonstrate that the proposed use is acceptable and satisfies General Policy 2, Environment Policy 22, Strategic Policies 3 and 5 and Transport Policies 4 and 7.
5.3.5 The development must also have an acceptable impact on the adjacent Conservation Area (Strategic Policy 4 and Environment Policy 36).
5.3.6 It must also be demonstrated that the development has an acceptable impact in terms of flood risk both to the development itself and to adjacent property as a result of the development.

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5.3.7 It is anticipated that the proposed use will involve 14 staff (4 brewers, 2 office, 8 taproom) and up to 150 customers (36 ground floor, 54 first floor and 60 outside) many of whom will come to the site on foot given the sustainable and accessible nature and location of the site.

5.4 Environmental Impact Assessment

5.4.1 The Isle of Man Strategic Plan 2016 requires development which is likely to have a significant effect on the environment to be accompanied by an Environmental Impact Assessment in certain cases and to be accompanied by suitable supporting environmental information in all other cases. Paragraph 7.18.2 states that in assessing whether an Environmental Impact Assessment is required, regard will be had to whether the proposal constitutes a major development which is of more than local importance, development which is proposed in a particularly environmentally sensitive or vulnerable location or development with unusually complex and potentially hazardous environmental effects.

5.4.2 Appendix Five of the Strategic Plan lists those developments which would always require the submission of an Environmental Impact Assessment with an application for planning approval. This includes dams or other installations designed for the holding back or permanent storage of water.
5.4.3 Appendix Five also clarifies that:

A.5.1 “Environmental Impact Assessment” (EIA) describes a procedure which systematically draws together the assessments of the likely environmental effects of a project. This procedure has become a familiar part of the planning process where significant projects or particularly sensitive sites are involved, but there has not previously been a specific requirement for EIA on the Island. The Department proposes that there should be such a requirement, and that the principles which should be followed will be essentially the same as those in operation in other administrations. A Planning Policy Statement will be issued specifying the manner in which the Department intends to deal with applications which should be subject to EIA. In the interim the Department will adopt current practice from England and Wales (see Section 7.19 [sic - it is paragraph 7.18.3]).

5.4.4 It is considered that the development justifies the provision of additional environmental information to address the issues which would normally be considered as part

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of an Environmental Impact Assessment due to the vulnerability of the site, the contaminated nature of the area in general although the scheme in itself will remediate existing and potential environmental impacts rather than creating them.

5.4.5 The Strategic Plan of 2007 stated that a Planning Policy Statement would be issued specifying the manner in which the Department would deal with applications which should be the subject of an Environmental Impact Assessment but pending the adoption of such a document, the Department would adopt current practice on EIAs from England and Wales as set out in the publication “Environmental Impact Assessment: A Guide to Procedures” Department of the Environment Transport and the Regions (2000). No PPS has been produced and in the UK, the legislation has been updated in the form of the The Town and Country Planning (Environmental Impact Assessment) Regulations 2017. These regulations are considered a more relevant reference to guide the preparation of and requirement for EIAs on the Island.
5.4.6 These regulations require, inter alia that:

(2) The EIA must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the proposed development on the following factors—

(a) population and human health;
(b) biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC(1) and Directive 2009/147/EC(2);
(c) land, soil, water, air and climate;
(d) material assets, cultural heritage and the landscape;
(e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

(3) The effects referred to in paragraph (2) on the factors set out in that paragraph must include the operational effects of the proposed development, where the proposed development will have operational effects.
(4) The significant effects to be identified, described and assessed under paragraph (2) include the expected significant effects arising from the vulnerability of the proposed development to major accidents or disasters that are relevant to that development.

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5.4.7 As a result of the above, the applicant has sought to provide additional information in respect of all of the above elements. The additional information is referred to under each heading to which the information is relevant.

5.5 Population and human health Strategic Plan General Policy 2, Environment Policies 22, 24, 24 [sic], Business Policy 4 and Transport Policies 4 and 7 with Appendix Seven Highway safety - see also the Transport Statement prepared by Highway Mann and dated September 2023

5.5.1 The development will result in the demand for parking for 4 members of staff for the brewery, 2 for the office, 8 for the taproom and up to 150 customers in terms of actual use of the site as proposed. The Strategic Plan parking standards would require 8 spaces for the brewery (398 sq m gross), 2 for the office (81 sq m nett internal) and for the restaurant and bar, there are no specific standards set out for these uses in Appendix Seven but in town sites require only space for service vehicle use and out of town centre shops require space for staff, customers and service vehicles although no specific ratio is provided. The site is within the settlement boundary and close to houses, other shops and employment so is not out of town but not immediately within the town centre, although only a short walking distance therefrom.

5.5.2 The Transport Statement describes that the existing northern access off Alexandra Road will be the main vehicular entrance with a one way system in place resulting in vehicles exiting onto Milner Terrace. The applicants preferred means of access and exit was using the Alexandra Road access to avoid having traffic entering or exiting onto Milner Terrace but the limited visibility onto Alexandra Road and limitations on improving this, resulted in this not being possible although this will be used for construction works. This existing junction is to be widened with traffic calming measures and a pedestrian crossing proposed within the site. The existing stone pillars and metal arched entrance/exit off Milner Terrace is to be reconstructed to allow a wider and higher space between the pillars.

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A street-level photograph showing the stone entrance pillars, a blue metal gate, and a large stone building with a wooden fence.

5.5.3 The frontage walls and fencing along Milner Terrace is to be removed to provide for parking spaces at right angles to the road and as a result two on street spaces will be lost. To compensate for this, the applicant will provide three spaces which are leased from Department for Infrastructure in the Claddaghs car park, within 200m of Milner Terrace which will be allocated exclusively to Milner Terrace residents. These spaces are shown in Appendix Two of the Transport Statement.
5.5.4 Otherwise, there are 25 spaces provided within the site, seven of which will be reserved for staff parking. Some of the spaces will be provided with electric vehicle charging facilities and there will also be ADA compliant Accessible Parking provision together with motorcycle and cycle parking for both staff and visitors.
5.5.5 The scheme provides for access for a refuse vehicle entering the site from Alexandra Road and exiting onto Milner Terrace.
5.5.6 The site is within comfortable cycling distance of Port Erin, Port St. Mary and Ballasalla as well as Castletown itself and is also well served by public transport - both bus and steam train. There are also pleasant footpaths linking the site with Ballasalla and Castletown bay is part of the Road ny Foillan long distance footpath.
5.5.7 The Transport Statement concludes from the statements within this TS that the proposed development would be expected to have an acceptable impact in terms of sustainable travel, traffic impact and road safety.

Noise nuisance

5.5.8 The applicants are aware that the operation of a tap room and restaurant has the potential for creating nuisance to adjacent residential properties, particularly those closest in Ellerslie Gardens. To combat this the scheme involves the following elements:

• high levels of acoustic insulation in building fabric including high performance windows
• windows in buildings to be kept closed and doors only opened as necessary
• pergola roof to be double glazed to suppress noise outbreak
• fit acoustic fencing to perimeter of outside terrace area and introduction of soft planting to aid noise suppression

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• deliveries will not be in the early mornings or at night
• waste collections (particularly glass) will not be in the early mornings or at night
• appropriate and subtle lighting installed so as not to cause issues ie excessive illumination or glare
• site notices to be displayed throughout the site to advise patrons that they are in a residential area and to leave quietly
• CCTV monitoring throughout site
• engagement and communication with local residents such as leaflet dropping and provision of emergency contact numbers should issues arise

5.5.9 Some of the above points may not be planning matters and will be dealt with in the Building Control and licensing processes but they are referred to to demonstrate that mitigation measures have been considered to deal with any potential noise impact. It should be noted that modern brewing is a relatively silent process and any outbreak of noise is expected to be negligible, if any at all.

Odour

5.5.10 With regards Odour Discharge Control in relation to the proposed brewing process, by installing a condensing flue, the evaporation discharged from the boiling coppers will pass through a condenser which will condense the vapour to into liquid which will then be discharged directly to the foul sewer thus removing the vapour odour from discharging to the atmosphere. This method of odour control is commonly used in new brewery facilities.

5.6 Biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC(1) and Directive 2009/147/EC(2) Strategic Plan General Policy 2 and Environment Policy 4

5.6.1 The applicant has commissioned a Protected Special Ecological Assessment, dated September, 2023 by local ecological specialists, Island Biodiversity Consultants.
5.6.2 The site is known to accommodate nesting swifts and the buildings also provide nesting opportunities for house sparrows which are both Schedule 1 species and given special protection. A site visit resulted in several nesting birds but it was not possible to distinguish whether these were house sparrows, swifts or starlings.

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5.6.3 The report recommends that prior to any repointing, a survey for nesting swifts must be undertaken within their breeding season (1st may to 30th August).
5.6.4 Two swallows’ nests were found in the large modern building and the loss of this nesting opportunity may be mitigates by the provision of a swallow porch on the exterior of the new building. House Martin nest cups could also be installed on the east facing gable of the residential building as there are signs of attempts of this species to nest there.
5.6.5 No evidence of roosting bats was found although there are plenty of holes which could be used.
5.6.6 The report recommends that the changes proposed here provide the opportunity not only to conserve the existing nest sites but also to provide nest sites close by. However, the development presents challenges in terms of making the building watertight (regardless of the proposed development), undertaking the works to facilitate the proposed development and post construction, during the operation of the proposed new uses.
5.6.7 In terms of swifts, if all swift nesting sites within the building are identified, it could be possible to leave those holes open and additional swift bricks could be inserted into the top of the north east facing wall to enable the colony to expand. These are preferable to external boxes. They advise that it may be possible for swifts, who often live in urban settings, to continue to occupy their existing nests post construction and a detailed survey on at least two occasions during the swift breeding season will be required to discover exactly where they enter their nest sites.
5.6.8 In terms of house sparrow, the loss of their holes can be mitigated by providing sparrow boxes on the appropriate faces of the building - at the eaves level.
5.6.9 Starlings do not happily share nest sites with swift so it is considered unlikely, although not impossible that starlings occupy the building: the survey was undertaken after the end of the starling breeding season.
5.6.10 The loss of swallow nest sites within the large industrial portal framed building could be mitigated by providing alternative nest sites such as this roof apex box, in time for the

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next swallow breeding season. A swallow porch with a rafter-like nest site would probably be more likely to be used.

5.6.11 The report advises that it should be easy to make provision for house martins by providing carefully sited nest cups on the SE facing wall of the existing office building.
5.6.12 In terms of bats, the stone walls have holes where bats could roost. Individual male bats use such places and could use any nearby ivy-covered walls for temporary roosts in the summer. To know if there is a maternity roost there would need to be observation of the building to see if bats leave holes at dusk, from early May through to August. Locating hibernation roosts is much more difficult. A precautionary note about bats is included in the Recommendations within the report to take account of any bats found during works.
5.6.13 The report concludes that with the provision of extra swift nest sites in swift bricks, extra nest cups for swallows and house martins and maternity roost boxes for pipistrelle bats it may be possible to achieve some biodiversity gain, providing they are used, which of course is not guaranteed. Use of expert ecological advice on siting boxes and bricks maximises the likelihood of them being used.

5.7 Land, soil, water, air and climate Strategic Plan Strategic Policies 1, 2 and 10, Spatial Policy 5 and Environment Policies 10 and 13

5.7.1 The site is a previously developed one with existing buildings and use within an existing settlement and where the principal use as a brewery complies with the land use designation on the adopted development plan. As such there is no impact from the proposed development on agricultural land or soil.
5.7.2 The sustainable location of the site will results in the reduction in trip generation compared with a rural and non sustainable location (as is presently the case with the existing brewery), supporting the Climate Change Act 2021.
5.7.3 The brewery function has the potential for the creation of pollution through noise and smell however, modern brewing processes, as described in 5.5.10 above results in no odour emissions from the proposed process.
5.7.4 The discharges from the site will go into the main sewerage system for which there are discharge controls administer by others to ensure that these are acceptable.

Company Registration 134325C

5.7.5 A small part of the site, abutting Milner Terrace is shown as being at risk of tidal flooding with other parts of the site between the buildings shown as experiencing surface water flooding which is understood to be during periods of intense rainfall. At the present time this part of the site is laid out as grass with benches and is understood to be used at times by the adjacent nursery as outside play space with otherwise the area being available as public open space although not identified as this on the Area Plan. The change from open space to car parking will reduce the risk to life as a result of flooding and should therefore be considered beneficial. The current site owner has no evidence of any surface water flooding and although there has been historical tidal flooding in areas near to the site there have not been any flood occurrences since the installation of the major flood defences. To mitigate any potential risk the applicant is prepared to install flood defence barriers to the thresholds of all ground floor level doorways if necessary.

5.8 Material assets, cultural heritage and the landscape Strategic Plan Strategic Policy 4, General Policy 2 and Environment Policy 36

5.8.1 Some of the existing buildings on site have architectural and historic interest, notably the house and some remains of the industrial building to the north, both of which appear in their original form on the 1860s County Series Maps. The proposed development retains the dwelling as well as the stone buildings surrounding it which are are not as old but nevertheless, due to their stone construction and appearance, contribute positively to the character of the area, the adjacent area being designated as a Conservation Area.

5.8.2 As the site itself is not within the Conservation Are, there is no requirement for development or present or enhance the CA as would be the case from Environment Policy 35 and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. However, there is a requirement for the development to preserve and take account of important views into or out of the CA (Environment Policy 36).
5.8.3 In order to determine whether the development would comply with EP36 it is helpful to refer to the Conservation Area Appraisal which was prepared in 1996 and draws attention to the predominance of limestone with some rendered and painted buildings. There is an image of Athol Terrace and the rear of the southern part of Milner Terrace when the document discusses roofs but the buildings on the site have been excluded. It is not considered that there is any particular information in the Conservation Area Appraisal which would identify important views within this Conservation Area.

Company Registration 134325C

5.8.4 Nevertheless, the site and its buildings are visible and seen alongside historical terraces. As such, the existing buildings make some contribution through the attractive stone gable of the offices and stone outbuildings although the attempts to accommodate the

Company Registration 134325C

A photograph of a long, grey stone building with boarded-up windows, situated behind a rusty metal fence and wooden picket fence.

former stone industrial building into the modern Commissioners’ shed was less successful with the fencing not assisting:

5.8.5 What is proposed will be a more honest presentation of new fabric which incorporates stone work but in a single central feature with the modern portal framed structure either side. The castellated gable detailing being a gesture to the Old Castletown Brewery - see below:

Company Registration 134325C

Architectural elevation drawing showing the front facade of a proposed brewery and office development with vehicle parking and existing building details.

A black and white historical photograph showing the exterior of the Castletown Brewery building with a chimney stack and tower.

5.9 The interaction between the factors referred to in sub-paragraphs (a) to (d) Strategic Plan General Policy 2, Transport Policies 4 and 7

5.9.1 It is not considered that there are any additional considerations to be explored in respect of the interaction between the issues which have been raised above.

5.10 Other matters Loss of public open space

5.10.1 Recreation Policy 2 presumes against the loss of Open Space or a recreation facility what is or have the potential to be, of recreational or amenity value to the community.

5.10.2 The loss of public space when the application for fencing and the use of this area for children’s play (15/01232/B) was approved for use “mostly, but not entirely as a private recreational facility rather than a public one and in the view of the Commissioners was formerly not well used by the public although this is disputed by two local residents” (see Officer’s report paragraph 6.1).
5.10.3 It is relevant that this application relates to land which is owned by Castletown Commissioners who would be the authority administering and providing public open space in the town. It is their view that this piece of land is not so publicly valuable as open space as to be retained as they have provided it to the applicant as part of the leased area.

Company Registration 134325C

A photograph showing a grassy yard enclosed by wooden fencing, with a large stone industrial building featuring boarded-up windows in the background.

6.0 Conclusion
6.1 The site is no longer required by Castletown Commissioners who wish to reduced and consolidate their requirements for storage and workshop facilities onto a smaller site. We believe that the proposal will retain an employment-based use on the site, providing new retail, employment and tourism opportunities within the town whilst investing in historic fabric and re-introducing a use to the town which was once an important element of the town’s commerce and industry.
6.2 The use will include hospitality functions which will add to the town’s offer of food and drink in a sustainable location which does not detract from the existing and any future food and drink operations within Castletown, recognising Castletown’s place in the settlement hierarchy and where development should aim to provide a range of housing and employment opportunities at a scale appropriate to the settlement and to result in regeneration and choice of location for housing, employment and services.
6.3 The development will preserve and re-purpose the most important and attractive buildings on the site and will remove those less attractive elements and replace them with new and more appropriately designed and finished structures.
6.4 The scheme has been designed to minimise the impact on the adjacent neighbours through the addition of elements to reduce noise and disturbance and whilst it was hoped that traffic would be diverted from the Milner Terrace access, this has not been possible but the existing access is to be modified to make exit easier and safer.
6.5 Whilst the scheme will remove two on-street parking spaces from the neighbourhood, the application proposes to compensate for that with providing three spaces in a nearby car park to residents of Milner Terrace. It should be noted that the two spaces to be lost are not exclusively reserved for residents of Milner Terrace or indeed any nearby premises.
6.6 The scheme also removes a section of wall 1.8m in length alongside the existing footpath which links Milner Terrace with Malew Street and the provision of a footway along this section of the site which will enable pedestrians to remain on the footpath whilst turning that corner and improving visibility of and for pedestrians.
6.7 The development will not result in any nuisance to nearby properties through noise or smell and should result at least in no nett biodiversity loss and potentially a positive

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biodiversity nett gain with the preservation of existing roosts and the provision of new ones, subject to the safeguarding identified in the Protected Species Ecological report.

6.8 We would submit that the proposal has a positive impact on the economy of Castletown, the built character and appearance of the area and a regeneration of important buildings of historical interest, reinforcing the special character of the designated Conservation Area which sits alongside the site, all to the benefit of the town and in accordance with the relevant Strategic and Area Plan policies.

Sarah Corlett 18.10.23

Company Registration 134325C

APL Planning Statement

Source & Provenance