10 June 2019 · Planning Committee
Shepards Lodge, Leigh Terrace, Douglas, Isle Of Man, IM1 5al
The application sought retrospective permission to change the use of a 418sqm unit in a light industrial zoned area from a previous warehouse/distribution operation to a small-scale craft brewery producing experimental and specialist brews, including a canning line and occasional guided tours.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The site is designated light industrial in the Douglas Local Plan, and the brewery use accords with this zoning as it falls within Class 5 of the Permitted Development Order 2012, defined as industria…
General Policy 2
Requires development in accordance with zoning, avoiding adverse impacts on design, townscape character, residential amenity, highway safety, parking, and security. Officer assessed proposal as compliant given light industrial zoning, conditioned restrictions on sales, canning, parking, and storage to safeguard amenities and highways.
Business Policy 5
Supports light industrial uses; condition on no public sales safeguards this use class and protects surrounding amenities.
Transport Policy 7
Requires safe access, parking, and manoeuvring; condition ensures external areas used only for parking/turning to maintain highway safety despite limited on-site space.
Environment Policy 22
Prohibits unacceptable noise pollution harm to nearby properties; officer noted brewery operations low-key, with other legislation available for odour/noise issues beyond planning control.
No direct public sales
There shall be no direct sales of products to visiting members of the public. Reason: To safeguard the Light Industrial use and protect the amenities of the surrounding area in accordance with General Policy 2 and Business Policy 5 of the Isle of Man Strategic Plan 2016.
Canning restricted to specific area
The canning operation within the site shall be restricted to the area indicated as 'Future Canning Machine Position' on the submitted drawing No.P0020 Rev A - Application for Change of Use, date-stamped as having been received 14 March 2019, only. Reason: To safeguard the amenities of the surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
External areas for parking only
The outside areas to the front and western side of the building shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety in accordance with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
No external waste storage
There shall be no external storage within the site, of waste by-products associated with the industrial use of the unit. Reason: To protect the amenities of adjoining land users in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
No Objection
Partington Nixon & Kinrade, acting for Riverside Apartments Management Company, submitted strong objections to the retrospective brewery change of use citing impacts on adjacent residential properties; Douglas Borough Council stated no objections.
Key concern: inappropriate industrial brewery operation next to residential apartments causing noise, smell, traffic and loss of amenity
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
Partington Nixon & Kinrade (for Riverside Apartments Management Company)
Objectionwe feel the application should be REFUSED.; this location is completely inappropriate for these industrial processes; Visitor tours are totally inappropriate due to its location next to residential development; A canning operation is completely unacceptable at this location; Restrict the use of the building to normal working hours i.e. 09:00 to 17:00 Monday to Friday.
Conditions requested: strictly control size of activity to neighbourly level; restrict nuisance (noise, smell, dirt/dust) to residential level; restrict vehicular activity to no greater than previous use; restrict hours to 09:00 to 17:00 Monday to Friday; refuse any bottling or canning; strict control on visitor tours (numbers, people, times, duration); regular monitoring of brewing effects on residents as condition of approval
The original application PA19/00291/C sought retrospective approval for change of use of The Depot (light industrial zoned site) to a micro-brewery with canning line and guided tours, following discovery that prior warehousing use was unlawful, reverting to nil use. The Planning Committee approved it on officer recommendation, applying conditions on sales, canning area, parking/turning, and external storage. Appellant argued non-compliance with GP2 criteria (c,g,h,i,k), EP22/24 (EIA required for brewing), TP7 (parking), incompatibility with residential amenity and emerging APE regeneration aims, incomplete application details, and applicant's poor compliance history. The inspector conducted a site visit and inquiry, finding the use accords with light industrial zoning, no EIA needed due to small scale (below UK thresholds), no evidence of amenity harm from 2-year operation, highway concerns manageable, no prejudice to APE, and recommending dismissal with enhanced conditions on noise, hours, parking plan, and waste.
Precedent Value
Affirms light industrial zoning prevails in mixed urban areas absent proven harm, even adjacent residential; small-scale uses below EIA thresholds; conditions can mitigate unknowns without refusal. Future applicants should submit operational details/proof of no amenity impact early; appellants need concrete evidence (logs/complaints) vs speculation.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
