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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00909/C Applicant : Mr Michael Cowbourne Proposal : Additional use of residence as brewery business and distributor to public houses Site Address : Lough Ned Oak Hill Port Soderick Isle Of Man IM4 1AN
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.10.2020 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The business use hereby approved is only for the provision of service as a small scale commercial brewery for sale to pubs and shall only be carried out by Mr Michael Cowbourne and only whilst resident at Lough Ned, Oak Hill, Port Soderick, and no other staff may be employed and/or work at the premises. Upon cessation of occupation by Mr Michael Cowbourne, the use as a small scale commercial brewery hereby permitted shall cease.
Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby approved.
C 3. The home brewery business, hereby approved, shall not be open to visiting clients/customers at any time and shall only operate a delivery service to external clients/customers.
Reason: In the interest of protecting the amenity of the neighbouring properties and highway safety of A25 Old Castletown Road in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.
C 4. There shall be no display, sales or services at the site, relating to the approved small scale commercial brewery use to any visiting members of the public.
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Reason: The application has been assessed for brewing only and any other use would require being assessed as part of a separate planning application and in the interest of amenity and highway safety.
C 5. There shall be no outside storage of waste by-products associated to the approved use. Any waste by-products from the process which are to be picked up from the site by others shall be kept in sealed containers and shall not be left stored externally for more than a 24 hour period.
Reason: In order to prevent the pollution of the local environment and to protect the health and safety of people.
This application has been recommended for approval for the following reason. Overall and on balance, it is considered that the proposal complies with Business Policy 1, Environment Policy 22 and Transport Policy 7 of the Strategic Plan 2016, and Policy 7.7 of the Braddan Local Plan 1991.
Plans/Drawings/Information; This decision relates to the Location Plan, Site Plan, Google Imagery for site, Existing Brewery Plant Top and Side View, Supporting Information and letter all date stamped and received 10 August 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
THE SITE 1.1 The application site is the curtilage of Lough Ned, Oak Hill, Port Soderick which is sited on the northern side of the A25 Old Castletown Road, Port Soderick. The property has a significantly large estate and accommodates three buildings; one of which serves as a home brewery and workshop with attached garage.
1.2 The site entrance is situated about 10m south west of the junction between Marine Drive and Oakhill and about 40m northeast of the entrance to Oakhill House. The railway line runs along its southern boundary and demarcates the application site from Woodville the abutting dwelling which has its frontage facing the A25.
THE PROPOSAL 2.1 The planning application seeks approval for additional use of residence as brewery business and distributor to public houses. This will enable the applicant turn a home brewery into a small scale commercial brewery for sale to pubs.
2.2 The application building has a length of 4.95 metres and width of 3.89 metres and has access to the existing garage which is 4.10m wide and 6.10m long.
2.3 The information provided by the applicant indicates that there is currently a 50 litre brewery within the workshop with one fermenting vessel in use purely for home consumption.
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The proposed works would introduce extra fermenters to enable the sale of the products in 4.5 gallon casks (pins) to the trade (pubs).
2.4 The applicant has indicated that as a result of planning refusal for PA 20/00505/C because of retail aspects, the current application is purely for the brewery.
2.5 The additional information also states: i. At present brewing is carried out one day in the week and each fermenter would require an additional day of brewing (3 days for 3 fermenters). ii. Each fermenter would fill 2 pins. iii. The applicant would deliver the pins to the pubs 2 days per week with anticipated sales around 4-5 pins per week. iv. There will be one vehicle used for deliveries, a Landrover Freelander and there would be no more than 2 deliveries per week and no extra staff would be needed as the containers are small (only 4.5 gallons).
PLANNING POLICY 3.1 In terms of local plan policy, the application site lies within an area zoned as Existing Low Density Housing in Parkland under the Braddan Local Plan 1991. Policy 5.6 of the Planning Circular 6/91, the written statement that accompanies the local plan identifies Oak Hill Cottages as an area proposed for further examination of residential development.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains the following policies that are considered materially relevant to the assessment of this current planning application:
3.3 Appendix 5 of the Strategic Plan identifies developments where an EIA is required. In particular it refers to sub-paragraph A.5.2 (g) which includes 'Brewing and Malting' as development requiring an EIA. It states in part: "It is proposed that the following types of development would require EIA in every case. (g) Food industry o Brewing and malting"
3.4 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.
7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
3.5 Paragraph 7.18.3 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. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
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3.6 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.
3.7 Paragraph 7.19: Pollution-Sensitive Development 7.19.1 Development will not be permitted where it would be incompatible with an existing use of land. In the case of new residential development, this will not be allowed where properties would suffer unacceptable loss of amenity due to exposure to existing sources of pollution whether this is from noise generation, odours or airborne pollutants such as dust. Not only could this reduce the quality of life of future residents but it could lead to future complaints that may prejudice any future development or expansion of an existing land use.
3.8 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
3.9 General Policy 2 of the strategic Plan would also provide guidance in the assessment of the proposal. General Policy 2 states that:
"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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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;
3.10 The Braddan Local Plan 1991 has the following policy which is considered to be relevant to the current application:
3.10.1 Policy 7.7
The standard for car parking will be applied in the appropriate situations with the exception of change of use. Change of use will necessitate the provision of additional car parking if this can be satisfactorily accommodated on site.
PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning applications that are considered materially relevant to the assessment of this current planning application.
4.2 PA 20/00505/C for additional use of residence as brewery business and distributor - Refused The reasons for Refusal:
"The development as proposed would be contrary to General Policy 2 (h & i) of the Isle of Man Strategic Plan 2016 given the nature of the site access and driveway which would result in unacceptable impacts on highway safety as vehicles enter/exit the site onto the Old Castletown
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Road due to the poor visibility along the section of the highway which has speed limits of 40 m/hour".
4.3 PA 87/00672/B for Construction of garage and workshop, Lough Ned, Old Castletown Road, Braddan - Approved The existing home brewery was approved as part of development approved under the above planning application.
4.4 It is also vital to consider the following application PA 19/00291/B for Change of use to a micro-brewery and canning facility (retrospective) at a depot on Leigh Terrace within the centre of Douglas. This application was approved at appeal. The Inspector concluded the application was to return the premises to its last lawful use as a building for light industrial purposes. In relation to an EIA the inspector stated the following:
"33... ..IOMSP and Appendix 5 which identifies developments where an EIA is required. In particular it refers to sub-paragraph A.5.2 (g) which includes 'Brewing and Malting' (my underlining) as a development requiring an EIA and paragraph A.5.2 which states that 'It is proposed that the following types of development would require EIA in every case.' References are also made to the requirements for an EIA set out in Policy EP 24 and to Policy EP22.
On the face of it , therefore, it would appear that an EIA was necessary in this case if the proposal had been for 'Brewing and Malting' as opposed to simply 'Brewing'. The PA indicates that, unlike in the UK, and despite the references referred to above, there is no legal basis or requirement to carry out an EIA in relation to planning applications on the Island. It had been the intention that a Planning Policy Statement (PPS) for EIA procedures on the Island was to be prepared. However, this has not taken place and each case is assessed on its merits taking the UK procedures and guidance on EIAs into account. The PA also stressed that the starting point for any application was the development plan and that this was set out in section 10.4 of the 1999 Act.
Having assessed this particular use on the basis of the UK EIA system, I agree with the PA and consider that due to its small scale nature as a micro-brewery and not a 'Brewery and Maltings' an EIA would not be required in this instance. In the UK one of the first things to consider is whether or not the proposal is a 'Schedule 2 Development'. Like Appendix 5 of the IOMSP this lists types of the development which are considered to require an EIA. However, it specifically sets out size thresholds and anything below 1000m2 would not require an EIA. At below 500m2 the appeal proposal falls well below the threshold.
In Schedule 3 of the UK requirements, various criteria are then checked including the character of the proposed development and its location. Having considered this proposal against these criteria, again I consider that the small scale nature of the use; its low output; the low risks relating to noise and pollution and the minimal staff numbers, would not render it to requiring that an EIA be submitted. Even if it had been taken through the UK 'Screening' process as a 'Schedule 2 Development' the proposal, in my view, would not be one which reached the criteria level required for an EIA."
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'do not oppose' in the letter dated 28 August 2020.
5.2 Braddan Parish Commissioners have no objection to the current planning application (03/09/2020).
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ASSESSMENT 6.1 The fundamental issues to consider in the assessment of the current application which are: i. The Impact of the proposed development on the site ii. The impact upon the neighbouring residential amenity iii. Highway Implications
6.2 The Impact of the proposed development on the site
6.2.1 The land use designation for the site is Existing Low Density Housing in Parkland and as such the proposed use is contrary to the landuse designation of the area. As per 4.3 of this report, an EIA is not required for this application as the proposed brewing operation is less than 1000 sq m and not within a sensitive area such as an ASSI, however in seeking to assess the impact of the proposal on neighbouring amenity and local highways regard shall be given to the proposed scale of the operation (size of brewing equipment, brewing process, floor area etc) and the nature of the business operation (staff, hours of operation, visitors to site etc).
6.2.2 The existing site is purely residential with the current brewery on site existing purely to serve home consumption. The comings and goings of visitors to the site as existing is purely residential as would be obtainable within any residential property and in consonance with the surrounding landuses which are residential. It is also considered that the current noise/smells from the site would be significantly limited given that brewing is only done once a week.
6.2.3 The brewing operation as proposed is relatively small scale with the proposed maximum output to be 4-5 pins per week, and as such the proposal is not considered to require an EIA and not to be so offensive as to be considered a special industrial use. The noise relating to the brewing of beer is expected to be quieter than a car garage but the smells could be beyond that of a 'light industrial' use. Given the scale and method of working it is considered that the use is potentially capable of being a light industrial use in accordance with Schedule 1 Class B2 of the Town and Country Planning (Use Classes) Order 2019 which would be suited to a residential area.
6.2.4 The three-fermenter brewing operation is to be contained within the existing workshop and accommodating approx. 17sq m in floor area. The smells expected are likely to be contained within the existing building however should any doors or windows be open it's inevitable that these smells are going to escape. The applicants have not provided any information to state how the steam smells produced by the brewing process would be reduced within the existing facility. When the existing home use brewery is compared with the proposed use, the latter would result in an increased potential for more smells, although the impact would not be significant given the separating distance between the application site and the neighbouring properties which is over 100m.
6.3 The impact upon the neighbouring residential amenity
6.3.1 With regard to the impacts of the proposed development on the neighbouring dwellings, it is considered that the proposal has the potential to impact on the noise levels, air quality and traffic within the area. However, the nature of the development such as the small scale of the process, the number of days of operation (3 days maximum) and the fact that there would be no visitors to the site would ensure that there are no detrimental impacts on neighbouring amenity.
6.3.2 It is also noted that the smells associated with the brewing process could increase the discharge of foul odours within the area, particularly in situations where there are emissions into the air. Although any resulting impact from possible emissions would be limited by the fact that there is a large separating distance between the application site and the neighbouring dwellings. Moreover, this separating distance is covered in large vegetation (tree cover) which
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would help to ameliorate any impacts as they would serve to limit the dispersal of emissions to the neighbours. Therefore, it is considered that the impacts of the proposed development on the neighbouring properties would be minimal.
6.4 Highway Implications
6.4.1 With regard to parking on the site, there is sufficient parking provision to support the residential use of the dwelling and the proposed business use as the application site has six parking provisions. Four by the proposed brewery and two at the rear of the building; linked to the access which encircles the main dwelling. The scheme would however not impact on parking as no additional staff would be required to support the operations and there would be no visitors to the business.
6.4.2 In respect of highway safety, it is considered that the proposal would not result in any impacts given that the comings and goings for products delivery which would be for just two days in a week would be no different from the residential use of the site.
6.4.3 Based on the foregoing, it is considered that the proposed development would result in detrimental impacts on parking or highway safety.
CONCLUSION 7.1 The proposal is for a small scale brewing operation only and one which has been considered on balance not to result in any significant adverse harm in terms of noise, smell or pollutants on the neighbouring living conditions or general amenity (General Policy 2 (g) and Environment Policy 22). The brewing operation will also not impact on parking provision within the site or highway safety and would comply with General Policy 2 (h & i), Transport Policy 7 and Appendix 7.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
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Decision Made : Permitted
Committee Meeting Date: 02.11.2020
Signed : P VISIGAH
Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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