12 April 2024 · Planning Committee
New Yard, Milner Terrace, Castletown, Isle Of Man, IM9 1te
The proposal involves demolishing existing portal frame structures and a portacabin to erect a new 372m² brewery building (6.6m ridge height) finished in render, timber cladding, and stone features, alongside converting and linking existing stone workshop and dwelling for a tap room/eatery (up to 90 indoor + 60 outdoor…
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The officer considered the proposal acceptable on previously developed industrial-zoned land as the brewery constitutes industrial use, with associated tap room/eatery justified under Business Policy …
Strategic Policy 8
Permits tourist development reusing built fabric without harming environment/highways. Brewery/tap room enhances tourism via local produce.
Business Policy 5
Limits industrial land to industrial/storage; retailing only if on-site produced and integral. Tap room sales of brewed beer acceptable as cannot be severed; no town centre detriment.
General Policy 2
Requires development to respect site/surroundings in scale/design/amenity/highways/ecology. Satisfied via materials, parking plan, mitigation conditions, modern processes minimising impacts.
Environment Policy 4b(i)
Protects wildlife/habitats. Pre-commencement bat/bird surveys and mitigation plan ensure no net loss.
Environment Policy 36
Development near Conservation Area only if no view harm. Assessed as acceptable due to setback, retention, local materials.
Transport Policy 4
Highway network must accommodate development. Road Safety Audit/amendments confirm safe access/visibility.
Transport Policy 7
Parking standards relaxed due to town centre location, public transport/cycle access, alcohol venue encouraging alternatives; shortfall mitigated by management plan.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Materials approval
Prior to the commencement of development on the site area including any works of demolition, precise details and samples of the construction materials proposed to be used for the external surfaces of the new Brewery building as outlined on Drawing No. WL/23/1574 - 3A; and the conversion of the existing workshop, dwelling, link extension and garden terrace as outlined on Drawing No. WL/23/1574 - 2; shall be submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with these approved details. The details shall include samples of natural roof slate, dressed limestone, vertical timer cladding and colour finish; details of the lime mortar and mortar mix to be used; details of rendering; window and door frames; guttering and downpipes; and Velux conservation type rooflights.
Car parking layout
The car parking layout including the provision of 3 No. parking disabled spaces; spaces for motorcycle parking; and, all facilities for the secure storage of cycles shall be provided in accordance with the details shown on Drawing No. WL/23/1574 - 4I - stamped received on 16th January, 2024, shall be laid out and made available for parking purposes prior to the first use of the development, hereby permitted, thereafter these spaces and facilities shall be made available for vehicle and motorcycle parking, and secure cycle storage for the lifetime of the development.
Parking Management Plan
Prior to the commencement of the development hereby approved, and in conjunction with the requirements of condition 3 for the implementation of the approved car parking layout as shown on Drawing No. WL/23/1574 - 4I - stamped received on 16th January, 2024, of this planning permission, a Parking Management Plan shall be submitted to and approved in writing by DEFA Planning. Such plan shall: - Designate the three spaces fronting the office for use as public parking mitigating the loss of on-street parking; and, - Secure the use of three additional off-site parking spaces for office staff use; Thereafter these spaces shall be made available for public vehicle parking (3 spaces on site opposite Milner Terrace). In addition, three spaces for office staff vehicles must be available in addition to the parking spaces within the site, at all times, details of which must be approved by the Department.
Landscaping scheme
Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by DEFA Planning. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, as well as methods to eradicate any invasive species that may be present (Japanese Knotweed). All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Ecological surveys
Prior to the commencement of development, including any repointing, the following schedule of survey work shall be carried out and inform an Ecological Mitigation Plan required to be submitted by condition 7 of this planning permission. Such survey work shall include: Breeding bird surveys; Bat emergence surveys; All of which need to be undertaken following UK best practise guidelines, in the right seasons and by a suitably qualified ecology consultancy.
Ecological mitigation plan
Prior to the commencement of development, including any repointing, an ecological mitigation plan written by a suitably qualified ecological consultancy, informed by the surveys secured by condition 6 of this planning permission, shall be submitted to and approved in writing by DEFA Planning and the development then carried out in accordance with these details. The ecological mitigation plan must contain measures for the avoidance and minimisation of impacts on wildlife, as well as compensation measures. Details should include the location of all existing nesting and roosting sites; and, those that are proposed to be retained and protected, the number, type, specification and location of new bat and bird bricks, hedging species, lighting requirements, work timings, Ecologist supervision as well as other measures required by the ecological surveys. Thereafter, these features shall be permanently retained and maintained.
Lighting plan
No works to commence until a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023) and recommendations within the Ecological Mitigation Plan required by Condition 7 of this planning permission has been submitted to Planning and approved in writing. All works must be undertaken in full accordance with this plan.
Drainage details
Details of foul and surface water drainage provision, shall be submitted to and approved in writing by the Local Planning Authority. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.
Supports as aligned with Economic Strategy for food/drink sector growth, import substitution, employment (14 new jobs), tourism diversification, and compliant with Business Policy 5 on industrial land.
No objection subject to Drawing 4I, Parking Management Plan, and S109(A) agreement.
Supports reinstatement of brewery with bar/restaurant facilities to benefit Castletown community.
No concerns with connection to Manx Utilities foul/surface water sewer.
Site as small-scale industrial; redevelopments considered via normal process per para 6.7.1 Area Plan for South.
DOI Highways requested further information on access, visibility, parking, and road safety without a clear recommendation; DEFA Ecosystem Policy initially objected due to insufficient protected species surveys but later provided condition requests; Planning Policy and Department for Enterprise offered supportive comments.
Key concern: insufficient protected species surveys for nesting birds and roosting bats
Department of Infrastructure Highways Development Control
Conditional No ObjectionRecommendation: Request further information / revisions.; Highway Services DC accept the shortfall in vehicular parking spaces, provided the cycle parking is confirmed and appropriately located.; Due to the material change in use of the site for both vehicles and pedestrians... Highway Services request that a Road Safety Audit is completed and submitted with the application.
Conditions requested: Detail of the road and pavement levels to the front of the buildings and onto Milner Terrace, and how pedestrians transition from one to the other; Revised and additional drawings of the visibility splays achievable from the access onto Milner Terrace and the parking bays directly accessing Milner Terrace. All obstructions within the splays should be a maximum height of 1.05m; Clarification of the cycle parking arrangements for both long and short stay; Consideration of the parking arrangements designating the spaces fronting the brewery office for residents, and the Claddagh’s parking for office staff; Submission of a Road Safety Audit for the proposed development; Road and pavement levels to the front of the buildings and onto Milner Terrace, and how pedestrians transition from one to the other; Cycle parking to the Manual for Manx Roads requirements for both staff and visitor provided in Appendix C
DEFA Ecosystem Policy Team
Objectionwe currently object to this application.; In order to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, the Ecosystem Policy Team request that breeding bird surveys and bat emergence surveys... are undertaken.; Survey reports should be submitted prior to determination of this application, in line with best practise...
Conditions requested: breeding bird surveys and bat emergence surveys across the site are undertaken by a suitably qualified ecological consultancy; A report detailing the findings alongside appropriate avoidance and mitigation measures... should be submitted to Planning prior to determination; sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23
DEFA Ecosystem Policy Team
Conditional No ObjectionAs requested, here are the Ecosystem Policy Team condition requests.; We would just end by highlighting how important the surveys before repointing are, since the holes around the building is where the majority of the definitely nesting swifts and house sparrows were found.
Conditions requested: Prior to the commencement of development, including repointing, the following schedule of survey work shall be carried out... Breeding bird surveys; Bat emergence surveys;; Prior to the commencement of development, including repointing, an ecological mitigation plan... shall be submitted to and approved in writing by DEFA Planning; No works to commence until a sensitive low level lighting plan... has been submitted to Planning and approved in writing; updated proposed elevation drawings, incorporating avoidance and mitigation measures for wildlife, be provided prior to works
Department for Enterprise Business Isle of Man
SupportThe Business Agency considers that the proposals represent much needed investment in the Castletown and with it the Island's economy.; we have considered the scheme against the basis of Business Policy 5 of the Strategic Plan... would appear to accord with the premise of Business Policy 5
Cabinet Office Planning Policy
No Objectionthe Policy view is that the spirit of the ‘policy approach’ was for decision makers... to take into account: how compatible the proposed development is with the zoning...; I see that the proposed tap room and office are part of the overall brewery proposal and associated with it.
Precedent Value
This demonstrates strict enforcement of the 21-day appeal deadline; third parties must submit appeals promptly to have any chance of consideration.
