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19/01440/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01440/B Applicant : Fynoderee Limited Proposal : Installation of fencing, formation of parking and bin area and change of use from workshop/garage/offices to a distillery with ancillary offices (Class 4) and shop (Class 1) Site Address : Garage/workshop Parsonage Road Ramsey Isle Of Man IM8 2EE
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit : 05.02.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.02.2020 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. No customers shall be served or remain in the building outside the following hours 0800hrs till 2200hrs Monday to Thursday, 0800hrs till 0000hrs Friday and Saturday and 1000 hrs till 1630hrs Sunday.
Reason: In the interests of the residential amenity of the area.
C 3. The development hereby approved shall all be carried out in full accordance with the internal layout as shown on Drawing No 221/021 and uses as outlined within the applicants statement titles "The Fynoderee Distillery - dated 16th December 2019" both received on the 23rd December 2019, unless otherwise agreed in writing by the Department.
Reason: To ensure the uses as proposed and shown on the submitted plans/submitted statement are undertaken as proposed and to ensure in the future such uses do not increase within the building which may have adverse impact upon neighbouring amenities and the application has been judged solely on the proposal as shown and any additional changes would require additional consideration.
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19/01440/B Page 2 of 8
Plans/Drawings/Information;
This approval relates to the submitted documents (The Fynoderee Distillery - dated 16th December 2019) and drawings reference numbers 221/001, 221/002, 221/010 and 221/021 all received on 23rd December 2019.
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Interested Person Status - Additional Persons
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Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of the Garage/workshop, Parsonage Road, Ramsey which consists of a substantial single and two storey buildings and yard area. The site is located on the eastern side of Tower Road, and northern side of Parsonage Road.
2.0 THE PROPOSAL 2.1 The application seeks approval for installation of fencing, formation of parking and bin area and change of use from workshop/garage/offices to a distillery with ancillary offices (Class 4) and shop (Class 1).
2.2 The proposed would be distillery for the production of Manx spirts, namely gin, rum and whiskey. The site would also be proposed to have a shop fronting the property (Parsonage Road) which would be used for the selling of their products but also for people to view the facilities (tours) and taste the produce. The applicants are also proposing to sell their produce from the site as well as wholesale, via off licences on the IOM and a range of e-commerce purchase options for export worldwide.
2.3 The site would prove the opportunity of the established company to expand from their present facilities within Jurby Industrial Estate.
2.4 The applicants are seeking a condition proposing the following hours of operation:
"No customers shall be served or remain in the building outside the following hours 0800hrs till 2330hrs Monday to Thursday, 0800hrs till 0130hrs Friday and Saturday and 1000 hrs till 1830hrs Sunday."
3.0 PLANNING HISTORY 3.1 The following previous applications on the application site are considered relevant in the determination of this application:
3.2 Planning application 19/00291/C for Change of use to a brewery (retrospective) was approved at appeal subject to conditions covering:
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4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area of 'Town Centre use' (mixed use), under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998. The site is not within Ramsey Conservation Area, nor are the existing properties Registered.
4.2 The Strategic Plan, meanwhile, contains several policies of relevance listed below:
4.3 General Policy 2 states, "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: (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; (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 (n) is designed having due regard to best practice in reducing energy consumption."
4.4 Environment Policy 22 states, "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."
4.5 Environment Policy 24 states, "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."
4.6 Appendix 5 sets out types of application where it is proposed that they would require EIA in every case. This list includes brewing and malting but does not reference distilling.
4.6 Environment Policy 35 states, "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".
4.6 Business Policy 1 states, "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan".
4.7 Transport Policy 7 states, "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7."
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5.0 REPRESENTATIONS 5.1 Highway Services do not object to the planning application (10.01.2020).
5.2 Ramsey Town Commissioners (27.01.2020) are very supportive of the planning application; however, they have concerns about the shop area and the hours of opening due to its proximity to the neighbouring residential properties and seek the hours being restricted to; Monday-Thursday 0800-2200hrs, Friday-Saturday 0800-0000hrs and Sunday 10:00-630hrs (possibly meant to read 1630hrs).
6.0 ASSESSMENT 6.1 The material planning issues which need to be taken into account are; the principle for the use of the existing building; potential visual impact upon the street scene; the potential impacts upon highway safety/parking provision, and potential impact upon neighbouring amenities.
6.2 THE PRINCIPLE FOR THE USE OF THE EXISTING BUILDING 6.2.1 In relation to the use of the building, the site is designated as "mixed uses" within a "town centre" location.
6.2.2 The existing site has been previously operated as a garage/workshop with no restriction on hours of operation, comings and goings of staff/customers or noise/smells omitted from the site (unless restricted by other legislation eg. Noise Act 2006). A sizeable commercial garage/workshop use is potentially a General Industrial Use, whereas depending on the details, a smaller operation could potentially be Light Industrial.
6.2.3 The scale and nature of the proposed use (noting it is distilling not brewing - which is likely to have limited, if any, odour impact) is not of such offensive as to be considered a special industrial use. The noise impacts are expected to be a quieter than the previous garage/workshop use and deliveries may or may not go be beyond that of a 'light industrial' use. Overall, given the scale and method of working it is considered that part of the use is potentially capable of being a light industrial use in accordance with Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012. Furthermore, the proposed use will have the potential to have far less of an impact than the previous uses which also have no time restrictions attached.
6.2.4 However, the proposed warehouse and shop/tasting area are considered to be ancillary to the proposed primary use of the site as a distillery. Therefore, given the mix of uses, the overall proposed use is considered to be Sui Generis.
6.2.5 Overall it is considered that the proposal could comply with the "Mixed Use" destination and be acceptable on this site, indeed could also be a very good tourist attraction given its close proximity to the MER station. The use of the building in a prominent location would also improve vitality of this area of the town centre which is also a positive.
6.3 POTENTIAL VISUAL IMPACT UPON THE STREET SCENE 6.3.1 The proposed works, namely a new fence to the rear would be appropriate. Such works in connection with the previously approved works (17/01325/B) are considered to be a positive to all surrounding street scene, which for many years has been of a rundown building in a prominent tourist location. Accordingly, it is considered all the proposed works should be commended, beneficial to the visual amenities of the area and to the individual building complying with General Policy 2.
6.4 POTENTIAL IMPACTS UPON HIGHWAY SAFETY/PARKING PROVISION 6.4.1 In terms of parking provision, the proposal provides 6 off road parking spaces. Highway Services have considered the scheme and raise no objection.
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6.4.2 Overall, given the site provides 6 spaces, there is also on-site parking in the area as well as a public car park. Furthermore, from a tourist perspective it is likely the majority of person would arrive via the MER and or public transport; both being very close to the site. Therefore, given these reasons and given the previous use of the building, and as the site is within a sustainable town centre location, the proposal from this respect is also acceptable, complying with General Policy 2 and Transport Policy 4.
6.5 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.5.1 Environment Policy 22 states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties. In relation to this matter the applicants comment that: "The proposed mixture of uses are all those which we consider will not have any negative impact on the surrounding area or neighbours, as distilling is essentially an almost silent process. We distil our products on either gas flame burners or we will be using steam heated stills.
The process of distilling occurs in a sealed unit and as such, generates limited odour and no noise, vibration, smoke, fumes, soot, ash, dust or grit. Any waste is essentially inert and, at most, subtly aromatic by nature and we do not see any real possibility of our production processed causing nuisance to our neighbours.
Our proposal is also to develop further products, including Manx Rum and Manx Malt Whiskey expressions using the larger floor area the premises gives us and this will involve further processes of making what is called a fermented 'was'. Again, this is essentially a silent process and will generate limited odour and no noise, vibration, smoke, fumes, soot, ash, dust or grit.
Our bottling and labelling procedures are also very quiet, as we do not intend to use mechanised production lines; even on a semi-automated system we are investigating, it remains a predominately hand controlled process (both bottling and labelling) that will not create any noise levels that we would anticipate could be heard outside the premises themselves."
6.5.2 Overall, given the processes the applicants are proposing it is not considered the proposal would result in a significant adverse impact upon neighbouring amenities complying with Environment Policy 22.
6.5.3 The Commissioners have raised concerns with the hours of operation the applicants have proposed and are seeking a reduction in the closing hours; essentially by 1hrs 30min each day the applicants have proposed.
6.5.4 In response the applicants have stated:
"...Fynoderee has concerns regarding the proposed reduction in the hours of operation from Monday to Saturday inclusive. The Commissioners may have considered reasons why those hours would be more acceptable than those proposed in the Application; however, the times suggested appear, to some extent, to be arbitrary whereas the operating hours proposed in the Application are identical to those set under Condition 2 of the Approval Notice for The Seven Kingdoms distillery in Douglas (PA 15/00618/B).
That proposal is located in an area of identical land use (designated as being within an area of Mixed Use within the Town Centre) and it also has residential properties located nearby. Indeed, the reason provided for the imposition of Condition 2 was that it is 'In the interest of residential amenity'. It would therefore appear to be unreasonable, and indeed unfair, to have reduced hours of operation imposed on Fynoderee's operations in Ramsey when compared to those of The Seven Kingdoms in Douglas.
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We would also highlight that the hours of operation will be scrutinised in greater detail, and using a much wider set of criteria than required for a Planning Application, by the Licencing Court. However, the Licencing Court may, if deemed to be appropriate upon inspection of the evidence submitted, reduce the hours of operation set by a Planning Approval but it will not extend those hours; therefore, it is critical that a Planning Approval, if granted, provides sufficient flexibility for the Licencing Court to make a fair and reasonable assessment of what is appropriate considering all the circumstances.
Based on the above, we would therefore be grateful if the operating hours proposed within the Planning Application are granted as part of any Planning Approvtal."
6.5.5 Subsequently, following discussions (telephone call 06/02/20) between the applicants and the department; the applicants are content at this stage to the hours suggested by the Commissioners.
6.5.6 It is noted that the site is immediately adjacent to a residential block of apartments (Towerside Court) and therefore this issue does need to be considered carefully. It is a not accepted that because the hours of operation attached to another site, result in them being acceptable on this site. Each application is judged on its own merits. It is noted that no objection has been received by the residents of Towerside Court or any other residential properties in the area. Importantly it is noted that the public entrance/exit to the shop/tour reception/tasting bar, is away from the main residential part of the apartment building and other residential properties, and open directly onto Parsonage Road adjacent to the MER crossing. There would be more potential for visitors of the shop to cause more disturbances when leaving if the entrance exited onto Tower Road, as this is where there is a greater concentration of residential properties.
6.5.7 It is also noted the size of the shop/tour reception/tasting area is not large (approximately measuring 76sqm in total - excluding tasting bar) and therefore the amount of people visiting would not likely be significant. What is proposes is for a more of organised tours/private events of the distillery and associated tasting; which perhaps would be less frequently used compared to a bar/pub. This aspect is difficult to distinguish in terms of planning i.e. when is a bar not a bar. In this case while the majority of visitors drinking at the building would be on tours or private events; the applicants do not want to restrict people who haven't pre-booked for a tour and/or persons wanting to buy a bottle of their produce from the shop, who may also want to taste/purchase their products before potentially purchasing a bottle of gin for example.
6.5.8 However, from a planning perspective it is difficult is distinguish between this and a bar/pub, and certainly from enforcement prospective. It is not considered the operation or wishes as proposed by the applicants is a "fully fledged bar/pub"; albeit on the other hand they would to some extent be selling alcohol, so strictly speaking it is a bar; albeit the level of the use and floor area would likely to be an ancillary use to the main uses of the site i.e. distillery and a shop. Further during private events, there may be occasions where the applicant sells drink/s by the glass; again this may be more of an ancillary use to the overall building, rather than a fully-fledged bar/pub which makes up the majority of the floor area of the building.
6.5.8 The applicant's statement described these uses as:
"We propose to create an immersive distillery shop facing onto Parsonage Road that will enable the direct 'Distillery door' sale of our premium products but also enable use to showcase other complementary premium local artisan products for sale. We proposes those front-end aspect of our business to include tasting bar and visitor reception area where we intend to host pre-tour talks, cocktail master classes, distilling classes and other similar complementary experiences. By the very nature of our branding, we are about the promotion of local folklore and culture and whilst atmospheric music would be used in our shop and other parts of the property for
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specific distillery experiences for visitors, this will be managed in accordance with our proposed licensing terms and conditions and at all times managed in a manner which is considerate to our neighbours".
6.5.9 Furthermore, while it is not necessary unacceptable to have a "fully fledged bar/pub" at this location, the applicants have confirmed that this is not what is proposed or wished. Accordingly, appropriately worded condition will be attached to ensure the layout and associated uses are undertaken as shown, and to ensure in the future the "bar aspect" for example does not become more than an ancillary use of the building i.e. all or the majority of the building. This potential use would require a further planning application. Further, the relatively small size of the shop/tasting area/bar currently proposed, reduces the potential impact upon neighbouring amenities and increasing this significantly would potential raise more impacts upon neighbours.
6.5.10 Finally, the applicants are also correct that the site is within an area designated as town centre use/mixed use; and therefore there needs to be a understanding by persons living in such areas that there is likely a greater level of background noise and general disturbances throughout the day and night, than those in more residential areas designations. The Britannia Pub which closed in recent time (although could re-open as a pub), is 130m to the north east of the site and it is likely that use (given it size) would likely have a greater impact upon neighbouring amenities than the proposal would and with similar opening hours proposed by the applicants initially or greater than what the Commissioners have suggested.
6.5.11 Overall, the comments of the Commissioners are fully understandable; and while there are arguments in favour for the hours proposed by the applicants being acceptable; the applicants are happy at this stage to agree to the hours suggested by the Commissioners, as the primary use of the building relates to the distilling and the shop; with the opening hours associated with the ancillary use of the tasting bar being of less importance at this stage. The applicants are aware that they have the option to submit a future application to vary the condition to extend the hours of operation if they wish, where the department and all parties can consider the impacts further.
6.6 OVER MATTERS 6.6.1 The application is not required to go before the planning committee as the uses proposed are mixed uses that fall in line with the land use designation of the site and as there have no objections been received from the local authority or any other persons.
6.6.2 A EIA is not required as Appendix 5 indicates that "Brewing and Malting" require EIA's, however, distilling is not one of these operations as it generally has fall less of potential impacts in terms of noise/smells produced and other environmental impacts.
6.6.3 If it is considered that the existing and proposed uses are Light Industrial, then it could be argued that no development would take place. Furthermore, the Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 allows for the change of use from General to Light Industrial Uses (but not vice versa) - although the transitional provisions mean applications submitted prior to 01.01.20 should be determined as if the order had not been made. However, irrespective of the above, the shop and office elements arguably require approval in their own right and the overall mix is Sui Generis.
7.0 CONCLUSION 7.1 Overall, for the reasons indicated within this report it is recommended that the application should be approval as it complies with General Policy 2 and Transport Policy 4 & and Environment Policy 22 of the IOMSP, subject to conditions, be granted.
8.0 INTERESTED PERSON STATUS
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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision-maker must determine:
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.
Decision Made : Permitted Date : 06.02.2020
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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