Officer Report

Application No.: 25/91131/C Applicant: Mr Philip Jolley Proposal: Additional use of existing general industrial and storage and distribution unit for light industrial purposes and the installation of trade counter Site Address: Unit 73 Balthane Park Balthane Ballasalla Isle Of Man IM9 2AX Planning Officer: Lucy Kinrade Photo Taken: 15.01.2026 Site Visit: 15.01.2026 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.02.2026 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the units hereby approved shall only be used for General Industrial (Class 2.3) and/or Storage or Distribution (Class 2.4) and/or Light Industrial (Class 2.2) for no other use class or purpose at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

• C 3. There shall be no display, sales or services at the site to any visiting members of the public.

Reason: The application has been assessed on the basis for additional light industrial purposes only. Retail and tasting were specially omitted from the application and so any proposal for such would require separate planning application as assessed accordingly.

• C 4. The proposal hereby approved shall be laid out in accordance with Proposed Floor Plan drawing date published online 28/01/2026, and the trade counter hereby approved shall be

restricted to the location as shown marked (H) and the entrance hall limited to the area marked (C) on the same plan and retained as such thereafter.

Reason: The application has been assessed on this basis only and with the trade counter being ancillary to the primary storage, distribution and light industrial microbrewing use of the unit.

• C 5. Three car parking spaces as shown on Site Plan date published online 16/12/2025 shall be provided in full and be maintained free and available for parking for Unit 73 only at all times. Should three spaces no longer be available for sole use by Unit 73, the additional light industrial use of the unit must cease immediately and the unit returning to its original approved use only. Reason: the application has been assessed on this basis in the interest of highway safety.
• C 6. There shall be no mezzanines installed within the unit.

Reason: for the avoidance of doubt aligning with the original approval of the units, and in the interest of highway safety.

This application has been recommended for approval for the following reason.

The proposal is considered to comply with the provisions of Strategic Policies 1 and 7, General Policy 2 and Business Policy 5. The three space parking provision is considered acceptable to meet the low expected demand for the small-scale operation and sufficient to cope with any infrequent trade callers in line with General Policy 2 (h and i), Paragraph 9.2.7, Transport Policies 4 and 7, and Appendix 7. There is no adverse harm expected on amenity of adjacent users or any neighbouring dwellings given the small-scale operation, containment within the buildings and noting the distance from nearest residential property so as to not undermine General Policy 2 (b, c, and g) or Environment Policy 22 of the IOM Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the following:

• o Existing and proposed floor plans
• o additional supporting information
• o email from the applicant dated 28/01/2026

• - all date published online 28 Jan 2026

• Location Plan o Site Plan o Confirmation of Parking o Parking Layout o Unit Letting Details

• - all date published online 16 Dec 2025

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Malew Commissioners - no objection
• o Department of Infrastructure - no objection
• o Fire and Rescue Service - no objection _________________________________________________________________

Officer’s Report

THE SITE

1.1 The application site relates to an existing end unit within the recently built industrial units located within Balthane Park, Ballasalla. The unit was originally approved as a group of 20 within two blocks under PA 21/00746/B. This application was approved subject to a number of conditions including for their approved use for general industrial and storage and distribution use only. More details are contained at 3.0 of this report. - 1.2 Unit 73 is situated at the end of the block with its gable facing over the main access road. The unit has an existing roller shutter door on its front elevation, and its external elevations are rendered masonry to the base and grey sheet cladding above. Opposite the units are a number of vehicle parking spaces. THE PROPOSAL

2.1 Approval is sought for the additional use of the unit for light industrial purposes (Use Class 2.2), and the installation of a trade counter. - 2.2 Supporting information provided by the applicant indicates that the proposal is to allow for the making of a product within the unit (micro-brewing), and the installation of a trade counter to facilitate trade customers approx. 2-3 times per month. There are to be no services available to any visiting members of the public and no public retail sales. - 2.3 There are no external works proposed. - 2.4 Floor plans indicate that the ground floor would be laid out to provide:

• o Storage area
• o production area - with fermentation tanks and bottling
• o staff area and toilet
• o entrance area measuring 4m x 2.4m
• o small trade counter

2.5 Site plan information indicated that the proposal is to be served by 3 No. dedicated parking spaces. PLANNING HISTORY

3.1 The unit was approved as part of 21/00746/B subject to conditions; 1) 4 year time period, 2) no mezzanines, 3) use for General industrial (Class 2.3) and/or Storage/distribution (Class 2.4) and for no other purpose at any time, 4) not occupied until pedestrian and vehicle arrangements were provided, 5) cycle storage provided, 6) soft landscaping submitted, and 7) bird and bat box detailed provided. Conditions 5,6,7 were prior to conditions which have been satisfied. The reason for conditions 2 and 3 were based on the limited car parking available for the site and so preventing any increased floor area or alternative uses requiring increased parking demand (appendix 7 IOM Strategic Plan 2016). - 3.2 Since the original approval, further approval has been granted for changes to the area of car parking opposite unit's 73-77. PA 24/91171/B was approved for parking reconfiguration to create 8 additional car parking spaces, including manoeuvring and hardstanding. This was approved 19 Nov 2024 and included a condition for drainage details to be provided before works start. No condition information has been provided and during the site visit parking on site didn't appear to align with those details approved. DEVELOPMENT PLAN POLICIES

4.1 The site lies within an area designated on the Area Plan for the South 2013 as 'Industrial'. The site is not recognised as being at any flood risk although there is some surface water risk in the surrounding area and along the adjacent Silverburn river. There are no trees on the site and the area is not a Conservation Area.

4.2 Relevant policies of Area Plan/Local Plan

• o Landscape Proposal 19: outlines for any new industrial buildings at Balthane should be
• of high-quality, functional design if visible from railway and from the by-pass.
• o Section 6.8 covers Balthane as a whole
• o Paragraph 6.12 - states where there is demand for light industrial uses outside of settlements proposals will be considered on their merits in line with the Isle of Man Strategic Plan Policies.

4.3 Relevant policies of IOM Strategic Plan 2016.

• o Strategic Policy 1 - most efficient use of sites and existing infrastructure
• o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required)
• o Strategic Policy 6 - major employment-generating development in centres or on appropriate zoned land
• o Strategic Policy 7 - industrial land protected for such uses
• o Strategic Policy 9 - retail directed to existing town centres.
• o General Policy 2 - general standards towards acceptable development including visual impact, neighbouring amenity, landscape features
• o Environment Policy 22 - development should not harm environment or amenity of
• others in respect of odour, noise, light etc.
• o Environment Policy 42 - respect character of locality
• o Business Policy 1- The growth of employment opportunities encouraged
• o 9.2.3 includes definitions - of industrial, light industrial and general industrial.
• o 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.
• o 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzanine levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards
• of parking provision which will be required are set out in Appendix 7.
• o Community Policy 7 - designing out crime
• o Community Policy 11 - prevention of outbreak and spread of fire
• o Infrastructure Policy 5 - water conservation and management measures
• o Appendix 5 - EIA refers to Brewing and Malting
• o Appendix 7 - car parking standards -light industry = 1 space per 30sq m.

4.4 Reference any relevant PPS or NPD

• 4.4.1 None
• 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation o None - 5.2 Policy/Strategy/Guidance o Manual for Manx Roads (last updated June 2021)- Sections on parking standards and access

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Malew Commissioners - no objection (07/01/2026).

6.2 Department of Infrastructure - no objection (28/01/2025) - revised proposals appear less intensive than previously submitted and the parking demand for the trade counter will be low. Subsequently, do not oppose the application. - 6.3 Fire and Rescue Service - comments (16/01/2026) - the applicant must consult with fire department prior to commencement as the premises falls within part of their Fire Precautions Act. - 6.4 The following were also consulted but no response received at the time of writing the report 03/02/2026:

• o DEFA EPU (Water)
• o DEFA Environmental Health Team
• o DEFA Health And Safety At Work Regulation Directorate
• o IOM Constabulary Design Out Crime Officer
• o IOM Constabulary Alcohol Unit
• o IOM Constabulary Architectural Liaison Officer

ASSESSMENT

7.1 The application seeks additional light industrial use to an existing unit approved for use only as General industrial (Class 2.3) and/or Storage/distribution (Class 2.4). The key matters in the assessment of this application are principle, nature of operation including trade counter, highway safety impact and whether there are any other issues.

7.2 Principle

• 7.2.1 Strategic Policy 1 seeks new development to make best and most efficient use of sites and utilising existing infrastructure; Strategic Policy 7 seeks to ensure industrial land is protected for industrial uses and Business Policy 1 encourages growth of employment opportunities. The Area Plan for the South 2013 designates this site as 'industrial' and so the proposed light industrial use would fit within the industrial land use zoning and would also make best use of the sites existing infrastructure and connections. The principle of the works are considered acceptable and will contribute to growth of employment in Ballasalla Industrial Area.

7.3 Nature of Operation

• 7.3.1 Originally the applicant sought general retail sales and tasting events as part of the micro-brewing proposal, both elements which raised concerns from a planning policy and highway safety perspective due to the lack of information and clarity as to their degree of operation and frequency. Planning policy ultimately seeks such retail and tasting uses to be directed to appropriate town centres, and from a highway perspective their nature of use can both bring with it increased demand for parking.

• 7.3.2 In this case the applicant had provided insufficient information to be able to properly assess each and their impact, their inclusion as part of the application would also require the application to go to planning committee. Consequently, the applicant opted to omit both the retail and tasting elements in order to speed up the processing of the application due to their time constraints in relocating their business.
• 7.3.3 The applicant provided updated floor plans to align with the reduce proposal omitting the retail sales and tasting elements. The floor plans and information now indicate that the

facility will be almost 50/50 split with half the unit used for making the produce (microbrewing) and the other half for storage and distribution. There will be a small area for staff facilities and WC, and also a small entrance area where there is access to a small trade counter. The trade counter is to be for trade customers only and indicated to be on average 2-

• 3 trade customers per month. The small size, scale and nature of the trade counter is considered acceptable and ancillary to the primary storage and distribution element. There are to be no sales to any visiting members of the public and suitably worded conditions will be added in this respect.

7.4 Highway Safety

7.4.1 With the retail and tasting elements now omitted as confirmed in 6.3 above, the proposal requires to provide parking relevant to the proposed additional light industrial use. The IOM Strategic Plan 2016 sets out minimum standards for light industrial use and the size of this unit requiring at least 3 spaces, and submitted plans indicate 3 spaces allocated for this unit. The proposal is considered acceptable numerically, and conditions will be added to ensure those three spaces remain available for use by the unit at all times.

• 7.4.2 DOI Highways also commented on the updated application and omission of the retail and tasing use and have confirmed the reduction to the scheme and the infrequent trade counter calls having low parking demand that they were content with the proposal. The proposal is not expected to result in any increased or adverse impact on highway safety or networks in line with GP2 (h and i), paragraph 9.2.7 and TP7.

7.5 Any other matters

• 7.5.1 Appendix 5 of the Strategic Plan 2016 makes reference to the types of applications that require an Environmental Impact Assessment (EIA) including (g) Food industry - Brewing and malting. There may be some conflict with Appendix 5 as the proposal has not provided an EIA, however when factoring in the UK Town and Country Planning (Environmental Impact Assessment) Regulations 2017, where an EIA is only required for such brewing/malting facility over 1000sq m as per Schedule 2, and is not within a sensitive area (such as an ASSI), therefore the omission of an EIA in this case is not considered a reason to refuse the application, also noting the general industrial extant use of the site, and the light industrial nature of the proposal and its small scale operation within unit 73.

• 7.5.2 The proposed works are to be contained within the units, the size and scale of the operation is fairly small and the nature of the micro-brewing operation is not expected to result in any significant adverse harm being a use which should be capable of being accommodated within a residential area without harm. In this case the site is within an industrial area, albeit adjacent to a new residential estate, the distance between it and any nearest neighbour and the small scale operation is expected to not result in any neighbouring amenity harm in line with EP22. CONCLUSION

8.1 The proposal is considered to comply with the provisions of Strategic Policies 1 and 7, General Policy 2 and Business Policy 5. The three space parking provision is considered acceptable to meet the low expected demand for the small-scale operation and sufficient to cope with any infrequent trade callers in line with General Policy 2 (h and i), Paragraph 9.2.7, Transport Policies 4 and 7, and Appendix 7. There is no adverse harm expected on amenity of adjacent users or any neighbouring dwellings given the small-scale operation, containment within the buildings and noting the distance from nearest residential property so as to not undermine General Policy 2 (b, c, and g) or Environment Policy 22 of the IOM Strategic Plan 2016. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal

• (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
• 9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

I can confirm that this decision has been made by the Head of Development Management 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, and/or rights to appeal.

Decision Made : Permitted Date : 05.02.2026 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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