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23/01248/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01248/B Applicant : Odins Manx Beer Ltd Proposal : Change of use of unit 25 from bathroom showroom to microbrewery including erection of fence and cask washing shelter to the rear Site Address : Unit 25 Snugborough Trading Estate Union Mills Isle Of Man IM4 4LH
Planning Officer: Hamish Laird Photo Taken : 28.02.2024 Site Visit : 28.02.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.06.2024 __
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 change of use to a micro-brewery within the existing unit, hereby approved, shall not have a mezzanine floor installed without first receiving prior written approval from DEFA Planning.
Reason: To ensure that there is sufficient parking in accordance with the Strategic Plan (2016) parking standards.
This application has been recommended for approval for the following reason. The application for a change of use at Unit 25 from a bathroom showroom to a micro-brewery to be contained within an existing structure, with two small extensions added, located on an existing, established industrial estate, would not give rise to any adverse impacts in terms of siting, visual impact noise, odours, effluent discharge or traffic generation and an EIA is not required.
No third party representations have been received, and consultee comments received have raised no adverse issues that need to be addressed for the proposed development to proceed.
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It is therefore considered that the proposed development is acceptable and accords with the provisions of Policies STP2, STP3, STP4c) and SP10; Business Policy 5; GP2b), c), d), g), h) and i); ENV4b(i), ENV15, ENV22iii), and, Transport Policies TP4 and TP7 in the Isle of Man Strategic Plan 2016; and, the provisions of the Area Plan for the East approved by Tynwald on 18 November, 2020.
Plans/Drawings/Information;
The development should be carried out strictly in accordance with the following approved plans, documents and details:
Drawing No. 2317-OD-100- Rev. A - Location Plan showing site edged red; Drawing No. 2317-OD-202- Rev. A - Proposed Floor Plan including parking area; Drawing No. 2317-OD-203- Rev. A - Proposed Elevations; Planning and Design Statement and Environmental Impact Statement by Andrew Bentley RIBA dated October, 2023;
all date stamped received on 27 October, 2023
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Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 APPLICATION SITE 1.1 The application site comprises an existing workshop building on the Snugborough Trading Estate, Braddan, located to the north-west of Douglas. The existing workshop is a steel-framed, single storey in scale structure, covered with light grey profiled metal sheeting for its walls and its asymmetric shaped roof. It is served by 1 No. roller shutter door in each of both the front and SE side elevations. Similar industrial size scale and buildings adjoin the site to the sides and front. It is set between existing occupants of units in the same block, namely: 'Unique Fire protection', which is the corner unit in the block and 'Manx Glass and Glazing' The site backs onto a belt of mature trees located on either side of the River Dhoo which runs to the rear of the site. The site lies within the Settlement Boundary for Braddan.
1.2 Within the estate a number of industrial buildings of varying dimensions have previously been built. There is a common theme in colour and design of the buildings.
THE PROPOSAL 2.1 The application proposes the change of use of Unit 25 from a Bathroom Showroom to Microbrewery including erection of fence and cask washing shelter to the rear of the Unit on this recognised Industrial Estate in Braddan. The existing bathroom showroom building on the site would remain and would not change in terms of appearance in respect of the front (east) elevation; and, would change little in terms of external appearance on the north side elevation (the other elevations are covered by adjoining users). The main visual change would be the erection of the proposed Cask Washing enclosure, which would measure approx. 2.6m wide x 4.8m deep x 2.45m high. A chiller unit would also be installed on the north side elevation which would be enclose within a 1.8m high perimeter fence. The forecourt area to the front (east side) of the building would be retained as a hardstanding area up to the roadway to allow for vehicular access for customer vehicles and for vehicle parking with provision made for the parking of 6 vehicles.
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2.2 The proposed internal layout of the building would involve and Entrance Hallway; Office; WC; Customer Access; Retail Area; Brewery; Grain Store; Cold Store; Kitchen and Changing Room; Cask Store; Cold Room and Chiller; and covered enclosed Cask Wash area.
2.3 In their submitted Planning Statement, the applicants advise:
"4.0 The Proposal 4.1 The client wishes to install a 1,000 litre brewery with 4 fermenters within the existing industrial unit. This is a similar size to the proposed breweries in the planning applications PA23/01034/B (1,000 L) and PA19/00404/C (900 L). 4.2 The proposed brewing and fermenting apparatus will be new and fully enclosed to limit any smells associated with brewing. The equipment is all electric with very few moving parts so there is no risk of noise or vibration as a result of the brewing process.
4.3 In addition to the 1,000 litre brewery the unit will also accommodate the following spaces to support the brewing.
o Grain store o Cold room 4.4 The operation will be restricted to brewing and associated activities such as cask washing and packaging, there will not be any malting taking place on the premises.
4.5 There is a small office area by the front door and this will be retained for brewery administration.
4.6 The area outside the rear door will be used for loading, unloading and cask washing and will no longer be available for parking on a regular basis. A partial enclosure will be built around the cask washing area to contain any spray. The enclosure will be built in masonry to height of 2.4m and roofed.
4.7 The client intends to have a small retail area at the front of the brewery occupying around 25sqm - 30sqm. This area will be for the produce of the brewery and for branded merchandise associated with the brewery. The client does not envisage this being busy with daily visitors likely to be in single figures.
4.8 The front roller door will NOT be used for loading and unloading. This will become the entrance to the retail area and therefore the parking spaces in front of the door will be available to customers.
4.9 At present there are only two employees of Odin's Manx Beer. It is not envisaged that there would ever be a need for more than three members of staff. 7
4.10 A chiller unit will be installed to the rear elevation for the cold store and tank cooling. This unit requires clearances of between 1m and 1.5m on all four sides."
2.4 In terms of the requirement for any Environmental Impact Assessment (EIA), the applicant advises:
"5.0 Environmental Impact Assessment 5.1 The environmental policies of the Strategic Plan expect an Environmental Impact Assessment (EIA) to take place to ensure that the likely effects of a new development on the environment are fully understood.
5.2 Appendix 5 of the Strategic Plan advises that an EIA will be necessary for brewing and malting.
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5.3 Appendix 5 also advises that until the Isle of Man has its own EIA regulations, the current practice from England & Wales would be adopted.
5.4 The 3 microbrewery planning applications listed earlier have all avoided the need for carrying out an EIA.
5.5 Reference is made in the officer report to PA 19/00404/C to an earlier microbrewery application 19/00291/B in which a planning inspector believed that a small-scale microbrewery did not equate to "brewing and malting" and that an EIA was unnecessary.
5.6 The inspector's report goes on to say that the UK EIA system has size thresholds and that below 1,000sqm would not require an EIA. The proposed microbrewery has an internal area of 250sqm and the total site area is 390sqm and is therefore below any threshold which would require an EIA to be carried out."
PLANNING HISTORY 3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
3.2 Within the immediate area/ estate there have been a number of approvals for the erection of light industrial buildings.
87/01063/B - Change of use form industrial warehouse to office accommodation and retail outlet at Unit 25, Snugborough Trading Estate, Union Mills - Permitted - 1/1/94.
84/00282/B - Amended laypout of Unit J, Snugborough Trading Estate, Union Mills, Braddan - Permitted - 1/1/94.
95/01075/B - Erection of lean-to storage area, Manx Glass and Glazing Unit 24, Snugborough Trading Estate, Braddan - Approved. 21/12/1995.
DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the site lies within an area designated in the Area Plan for the East Proposals Map 4 - DOUGLAS - as part of a wider area zoned for industrial use. The site is not within a Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered materially relevant to the assessment of this current planning application:
Policy GEN 2 (in part) b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; 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 adverse effect on road safety or traffic flows on the local highways."
4.3 Environment Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
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(b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species.
4.4 Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
4.5 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.
4.6 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) ii) to be accompanied by suitable supporting environmental information in all other cases."
4.7 Appendix 5 sets out further information and lists developments which will automatically require an Environmental Impact Assessment, including: (g) Food industry o Manufacture of vegetable and animal oils and fats o Packing and canning of animal and vegetable products o Manufacture of dairy products o Brewing and malting o Confectionery and syrup manufacture o Installations for the slaughter of animals o Industrial starch manufacturing o Fish meal and fish oil factories
4.8 The means of assessing the impacts (good and bad) of a proposed development on the environment, prepared by, or on behalf of, the developer/applicant. An EIA should aim to ensure that the planning decision is made in the knowledge of all the likely environmental effects of the development, and of the proposals for mitigating adverse effects and enhancing positive effects.
4.9 Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
4.10 Transport Policy 7: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' The standard in respect of light industrial requires there to be one parking space per 30 sq m of floor space for light industrial use, one per 50 sq m of industrial floor space and 1 per 100 sq m of storage and distribution floor space.
REPRESENTATIONS 5.1 Highway Services (3/11/23) Comments:
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23/01072/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.
Manx Utilities Authority (MUA) 22/3/24 - comments: "Further to the above planning application please we have reviewed the flows from the potential microbrewery when they were proposing this setup to be situated at the Laxey flour mills site, the flows were considered too much for the proposed new works at Laxey and then it transpired that the applicant couldn't obtain a long term lease from Government here so hence the site in Snugborough.
As the flows will be discharging into the Union Mills, then Douglas sewerage networks these will be heavily diluted by the time they arrive at Meary Veg.
MU are happy to accept the flows but the applicant will still be required to apply for a trade effluent discharge licence from MU prior to operating. The applicant has been advised of this and the necessary form has been sent to them. I trust the above clarifies and if I can be of any further assistance please do not hesitate to contact me."
DEFA Environmental Protection Officer 20/3/24 comments:
"I have reviewed the application and have no concerns regarding the foul water provisions which states it will be connected to the Manx Utilities network.
I have forwarded the information onto Manx Utilities as can see they haven't submitted any comments."
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character and appearance of the surrounding area.
6.2 The application proposes the change of use of Unit 25 from a bathroom showroom to microbrewery including erection of fence and cask washing shelter to the rear of the Unit on this recognised Industrial Estate in Braddan. The building forms part of a larger structure which is occupied by Manx Glass and is located at a cul-de-sac on the Industrial Estate. The proposed use of the building would remain compatible with the original industrial estate use and the current uses of the majority of the surrounding buildings. Being for a change of use, the development, other than for the addition of the cask washing enclosure, and chiller unit will have little in the way of visual impact in terms of change to the character and appearance of the area as it is a developed industrial estate with buildings of a similar character already on the site either side and opposite to the front. The design and visual impact arising from the change of use of the bathroom showroom building is considered to be acceptable and accords with the provisions of Policies GEN2 of the Isle of Man Strategic Plan 2016.
6.3 The existing parking area would be retained and parking provision is made on the basis the use will be for light industrial which is at the upper end of parking requirements should the use change to general industrial. It is noted that there is also on-street parking available within the Industrial Estate.
6.4 Department of Infrastructure Highway Services raised no objection to the proposal. There are no residential neighbours close-by to the site and no neighbours amenities would be affected by the development. This accords with accords with the provisions of Policies GEN2 (j), T4 and T7 of the Isle of Man Strategic Plan 2016.
6.5 The comments received from DEFA Environmental Protection Unit and MUA are both noted. There is likely to be minimal environmental pollution arising from the small-scale nature
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of the brewing process and from cask washing in the area attached to the building. This accords with accords with the provisions of Policies ENV 7 and ENV 22 of the Isle of Man Strategic Plan 2016.
6.6 The proposed Brewery Operation is noted by Strategic Plan Policy ENV24 and Appendix 5 as being EIA development. vii) Other matters - Environmental Impact Assessment (EIA)
6.7 The question of whether a formal Environmental Impact Assessment (EIA) is required to inform the application is raised. In their Planning Statement, the applicant has provided a section relating to the requirements of an EIA. In it the applicant concluded that an EIA was not required, and provided information at Section 5 of their Planning Statement outlining the requirements where an EIA may be required as per Business Policy 4, Paragraph 7.18.2; and, Appendix 5 in the Isle of Man Strategic Plan 2016. Subsequently, the Planning Statement in Sections 5.1.to 5.6, contains sections on the requirements of previous micro-brewery planning applications 19/00404/C and 19/00291/B in which a Planning Inspector believed that a small- scale micro-brewery did not equate to "Brewing and Malting" and that an EIA was unnecessary.
6.8 The micro-brewery in this instance would involve the use of new brewing and fermenting apparatus which would be fully enclosed to limit any smells associated with brewing. The equipment is all electric with very few moving parts so there is no risk of noise or vibration as a result of the brewing process.
6.35 It would the 1,000 litre capacity brewery plus grain store and cold room, with the operation being restricted to brewing and associated activities such as cask washing and packaging. No malting would take place on the premises. There would be a small office area by the front door for brewery administration; and area located outside the rear door will be used for loading, unloading and cask washing and will no longer be available for parking on a regular basis. A partial enclosure will be built around the cask washing area to contain any spray. The enclosure will be built in masonry to height of 2.4m and roofed.
6.8 A small retail area at the front of the brewery occupying around 25sqm - 30sqm will be provided and for the produce of the brewery and branded merchandise associated with the brewery. This is not envisaged to be a busy area with daily visitors likely to be in single figures.
6.9 In terms of the potential impacts on Population and Human Health; Noise Nuisance; Odour; Biodiversity; Land, Water, Soil and Climate; and, Material assets, cultural heritage and the landscape, it is considered that whilst the Planning Statement purports to be/contain an EIA, this should be tested against the standards of an EIA in terms of the UK Regs/practice (which is what we use in the absence of local standards).
6.10 The relevant EIA legislation in the UK is outlined in "The Town and Country Planning (Environmental Impact Assessment) Regulations 2017. UK Statutory Instruments - 2017 No. 571 - SCHEDULE 2". The UK EIA Regulations, under Schedule 2, require EIA at '7 Food Industry' if the area of proposed new floorspace for the proposed Brewery exceeds 1000 sq. m (square metres).
6.11 The total area of floorspace covered by the proposals is 301.6m2. Of this the actual being area covers approx. 93.8m2. On this basis, it is considered that the requirement for a formal EIA does not arise and that the information provided by the applicants at Sections 5.1 to 5.6 is acceptable in providing sufficient information that would otherwise be required by an EIA, to determine the application.
6.12 In respect of EIA and its implications for IPS, there is nothing in Business Policy 4, Paragraphs 7.18.1, 7.18.2; and, Appendix 5 in the Strategic Plan that requires that the normal
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IPS rules as outlined in Article 4.2 and paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021) - the 20 metre rule - should be waived to include all those persons who have written in on the application regardless of their location relative to the site. It is noted in this case, however, that no third party representations have been received.
CONCLUSION 6.13 It is concluded that this application for a change of use at Unit 25 from a bathroom showroom to a micro-brewery to be contained within an existing structure, with two small extensions added, located on an existing, established industrial estate, would not give rise to any adverse impacts in terms of siting, visual impact noise, odours, effluent discharge or traffic generation and that an EIA is not required. No third party representations have been received, and consultee comments received have raised no adverse issues that need to be addressed for the proposed development to proceed. It is considered that the proposed development is acceptable and accords with the provisions of Policies STP2, STP3, STP4c) and SP10; Business Policy 5; GP2b), c), d), g), h) and i); ENV4b(i), ENV15, ENV22iii), and, Transport Policies TP4 and TP7 in the Isle of Man Strategic Plan 2016; and, the provisions of the Area Plan for the East approved by Tynwald on 18 November, 2020.
RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
8.0 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
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
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Decision Made : Permitted
Date: 05.06.2024
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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