135589

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                                                 16/00527/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00527/C Applicant : Foraging Vintners Limited Proposal : Change of use from storage to the manufacture, sale, storage and distribution of alcohol including a tasting facility Site Address : Part of Former Coal Shed Breakwater Road Port Erin Isle of Man IM9 6JA

Case Officer : Miss S E Corlett Photo Taken : 22.06.2016 Site Visit : 22.06.2016 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR THE USE TO WHICH THE APPLICATION PROPOSES IT SHOULD BE PUT

THE SITE 1.1 The site is part of a building which sits on the southern side of Breakwater Road opposite the Raglan Pier and above the fishermen's stores which are level with Breakwater Road: the site sits above this. The site is part of a longer building, with additional parts of the building to the west and east and with access to the front of the site from the higher part of Breakwater Road as it splits to become one way, to the west. This access turns back on itself towards the application building. To the west of the buildings there is a row of boat parking spaces, the majority of which were occupied by trailers and/or boats at the time of the site visit. The building to the west of the application part of the building had a sign in the window indicating its use as a water activities centre but with little obvious evidence of current use.

1.2 The building is a plain but characterful, industrial unit with vertically proportioned windows facing Breakwater Road and a pair of curved wooden doors leading out onto the shared access lane. The building is built of stone with a slate roof.

THE PROPOSAL 2.1 Proposed is the change of use of the building to manufacture wine along with retail sales and distribution of the product along with a tasting facility. The building has an internal floor area of around 9m by 18m. No changes are proposed to the building, only the use.

2.2 The applicant explains that the manufacture process involves handling and maceration of raw products, combining and mixing, bottling, storage, fermenting, labelling, packaging selling, permitting tasting of the product and transporting it for onward distribution. They describe the building as most recently having been used as a wooden toy shop and workshop. They clarify that whilst there is no on-site car parking available, there is plenty (in excess of 25) of on-street spaces nearby and the site is accessed by a set of steps from the promenade. They confirm that there is neither noise nor noxious emissions nor dangerous nor polluting discharges. They advise that in their view the processes proposed will not result in any more noise, dust or odour than would be produced from the workshop use for which the building was previously used.

PLANNING POLICY

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                                                 16/00527/C
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3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as "Harbour Area" and is within the extent of the proposed Conservation Area prescribed in that document. No progress has been made towards the designation of this Conservation Area to date.

3.2 The unit is clearly not currently used for purposes associated with the harbour and the harbour is an area frequented by those visiting the village and spending leisure time here and indeed Port Erin harbour is referred to as a leisure port in the Area Plan for the South (paragraph 7.2.3) and the current attraction to visitors of the harbour area with specific reference to sailing, fishing and diving (paragraph 6.28.4).

3.3 Whilst not in full accordance with the land use designation, it is relevant to consider the general standards of development as set out in General Policy 2 of the Strategic Plan as follows:

3.4 The Strategic Plan also contains the following advice about harbours:

"11.7 Harbours 11.7.1 Harbours are an established and important part of the Island's environment, and the majority are used for both commercial and recreational purposes."

"Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest."

PLANNING HISTORY 4.1 Planning approval was granted for the installation of a replacement window under PA 08/1585/B.

REPRESENTATIONS 5.1 Department of Infrastructure Highway Services indicate that they do not object to the application (27.05.16).

5.2 Port Erin Commissioners support the application (16.06.16).

ASSESSMENT 6.1 The key issues in this case are whether the proposed use is compatible with the use of the area for harbour related purposes and whether there would be any adverse impacts from the proposed use, particularly in respect of access and car parking.

6.2 The site itself has limited on site parking and it is likely that those associated with the proposed use will park on Breakwater Road which, even at lunch time on a sunny summer day was occupied by only a few vehicles. Staff and visitors could easily park here and either walk up the small staircase to the higher level, or walk along past the parked boats. Indeed, there is no objection from Department of Infrastructure Highway Services to this application.

6.3 The area is used for a variety of purposes - harbour (fishing and leisure), the lifeboat as well as general leisure where people drive and park or walk to and around the breakwater. It is considered that what is proposed here would provide an additional feature of interest for the area, complementary to the general interest of the area for visitors and locals. Whilst principally a manufacturing use, the business also has an appeal for visitors and as such the location is considered acceptable.

6.4 The application is recommended for approval.

PARTY STATUS

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                                                 16/00527/C
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7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 27.06.2016

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.

This approval relates to the location plan and floor plans both received on 11th May, 2016.

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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                                                 16/00527/C
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Decision Made : Permitted.

Committee Meeting Date: 04.07.2016

Signed : S E Corlett 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.