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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Architecture In Mann The Design Studio, 76 Summerhill Road, Onchan Isle Of Man IM3 1NH TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019 In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Heron & Brearley, Ref 22/01083/B, for the Construction of 33no light industrial/storage units, alterations to existing infrastructure together with alterations to the existing warehouse and demolition of existing office block at Isle Of Man Breweries Distribution Centre Old Castletown Road Douglas Isle Of Man IM2 1QG. Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes). 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. 2. Prior to the occupation of any new industrial unit 2 car parking spaces associated with that unit as shown on approved drawing 21018 05C shall be provided and retained for use of the parking of vehicles associated with that unit thereafter. Reason: To ensure that the car parking standards are met in the interests of highway safety. 3. Prior to the commencement of any development full details of soft landscaping works shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 following the completion of the development. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity. 4. Prior to the commencement of any development ecological mitigation plan written by a suitable qualified ecological consultancy including timescales for implementation and to comply with the landscaping plan (Condition 3) shall be submitted in writing for approval by the Department. This approved plan shall be fully implemented in the timescales agreed and retained thereafter. Reason: In the interest of biodiversity/tree loss 5. No tree marked as being retained on drawing TR-290622 (Tree Impact) shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the last unit completed, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action approved in writing by the Department and implemented in accordance with the approved details. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 6. The implementation of the tree protection measures set out in the approved Arboricultural Method Statement and as shown on drawing number OTP-290622 shall installed prior to the commencement of any development and not removed till the completion of the development and shall be monitored by a suitably qualified and pre-appointed tree specialist, in accordance with the details contained therein. The name and contact details of the specialist shall be provided to the Planning Authority before any works commence on site. Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary. 7. No external lighting is to be installed to the southeast elevation and southwest elevation of Block A & Block B unless in accordance with a detailed external low level lighting scheme which must be submitted to and approved in writing by the Department, and must be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023). This should include any lighting in the public domain, including street lights. Reason: In the interests of biodiversity of the site/area. 8. Prior to the commencement of any development details of the surface water attenuation tank, to collect, store and discharge in a controlled manner into the mains system shall be

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 submitted in writing for approval by the Department. No new units shall be occupied the approved system has been completed. The system shall be retained thereafter. Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal. 9. No development may commence until such time as the existing wastewater pump station (south-western corner of site) has been decommissioned and the new section of gravity sewer has been constructed as per Manx Utilities correspondence (dated 6th March 2024 and 17th September 2024). Reason: To ensure adequate foul sewerage provision is provided. 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the 33 Units within Block A and B; shall not be used other than for Class 2.2 - Light industry and Research and/or Development and/or Class 2.4 - Storage or distribution and for no other purposes. 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. 11. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. 12. The 33 new units shall not be occupied or operated until the pedestrian access amendments from the public highway into the site as per plan 21018 05C have been completed and retained thereafter. Reason: To provide safer pedestrian routes into the site and to encourage sustainable transport links. This approval relates to the submitted documents and drawings reference numbers all received; 22.09.2022 22018 01 - Location Plan 22018 02 - Existing Site Plan 22018 03 - Existing warehouse plans 22018 04 - Existing warehouse elevations 21018 06 - Proposed Warehouse Plan 21018 10 - Vechicle Tracking Plan Arboricultural Impact Assessment - August 2022 - Manx Roots TS-290622 - Tree Constraints Plan TR-290622 - Tree Removal Plan

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 TR-290622 - Tree Impact Plan OTP-290622 - Outline Tree Protection Plan Tree Data Table Kewaigue Data Table LC-020822revA - Landscape Concept Manx Wildlife Trust Consultancy Preliminary Ecological Appraisal Report 53604 - Electrical Site Plan Heron and Brearly Commercial Park - Drainage information Heron and Brearly Commercial Park - Water information Heron and Brearly Commercial Park - Manx Gas information MT - Heron and Brearley Commercial Park - Manx telecom information Telecom Plan - 19/08/2022 - Manx Telecom Solar Report - 28th March 2022 - Solaredge String Design - 28th March 2022 - Solaredge 17.07.2023 21018 07A - Existing Warehouse Elevations as proposed 21018 08A - Proposed Block A - Plan and Elevations 21018 09A - Proposed Block B - Plans, Elevations & Section Manx Bat Group Report - 14.07.2023 Road Safety Audit Stage 1 - Feb 2023 - HMTC Supplementary Arboricultural Information - 21st March 2023 - Manx Roots Transport Assessment - May 2023 - HMTC (Parts 1 & 2) Road Safety Audit - Designers response document - HMTC Agents Response to Representations Made 13.08.2024 21018 05C - Proposed Site Plan LANDSCAPE PROPOSALS This decision has been made for the following reasons(s) The proposal would be developing a site which is designated for industrial development and which also has a significant amount of industrial/office uses existing. While it is noted that the development will change the landscape/character of parts of the southern part of the site, from one a private landscaped gardens associated with the brewery use, to an industrial development; albeit from public viewpoints the impacts would not be significantly adverse, and as discussed within this report it is considered the visual harm caused by the development is not so significant to warrant a refusal and the individual character of this area of Douglas would be protected. There are no concerns with the scales, mass, heights and designs of the units. The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Douglas and also Douglas City Centre/Port and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel.

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network. The surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities. The potential impacts to ecology and loss of a number of trees are noted however it is designated within the Area Plan for the East and considered with mitigations and further conditions for further mitigation attached any approval these would help reduce the impacts and that the benefits outweigh the harms of the development. Finally, in terms of the economic benefits, it is clear from the submission that the overall site will bring a number of job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents. It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with; Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 4, 5, 6, 7 & 10; Spatial Policy 1 & 5; General Policy 2; Environment Policy 3, 4, 5, 22 & 42; Business Policy 1 & 2; Transport Policy 2, 3, 4, 5, 6, 7 & 8; Energy Policy 5 of the Isle of Man Strategic Plan 2016; Area Plan for the East 2020 Natural Environment Proposal 1; Transport Proposal 1 & 2; Utilities Proposal 1, & 5, 6; Employment Proposal 1. Climate Change Act 2021 Manual for Manx Roads Our Island Plan January 2023 - Update 24/25 Active Travel Plan Travel Investment Plan 2019 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022 Date of Issue: 2nd October 2024 J CHANCE Director of Planning and Building Control

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation. A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas. Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation. Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action. Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £355); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must: specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.