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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00618/B Applicant : Seven Kingdom Limited Proposal : Conversion of garage into a distillery with tasting facilities Site Address : Former Vehicle Garage Banks Circus Douglas Isle of Man IM1 5AE

Case Officer : Mr Chris Balmer Photo Taken : 16.06.2015 Site Visit : 16.06.2015 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE SITE 1.1 The site forms the curtilage of the former Vehicle Garage, Banks Circus, Douglas which is a modern attached two storey building which sits on the southern side of Banks Circus and east of the Tesco supermarket and west of the Railway public house.

2.0 THE PROPOSAL 2.1 The application seeks approval for the conversion of garage into a distillery with tasting facilities. The proposal would create a boutique distillery with a still room and associated storage; and a tasting room with a server and associated toilets. The operating hours of the distillery function would be 0800hrs to 1800hrs Monday to Friday. It is proposed the tasting room (subject to Licensing Courts) are intended to be 0800hrs to 2300hrs Monday to Thursday and 0800hrs to 0100hrs Friday and Saturday and seasonal opening between 1000hrs and 1800hrs on a Sunday.

3.0 PLANNING POLICY AND STATUS 3.1 The property has been designated under The Douglas Local Plan Order 1998 as being within an area of Mixed Use within the Town Centre; the site is not within a Conservation Area.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

3.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea;

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(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (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 unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Environment Policy 22 states: "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."

3.5 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

4.0 PLANNING HISTORY 4.1 The 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.

5.0 REPRESENTATIONS 5.1 The owners/occupants of MOP, 2nd Floor, Euromanx House, Freeport, Ballasalla (owners of adjacent car park) have commented on the application which can be summarised as; only concerned from smells emanating from the site as unless extraction purification is correctly provided unpalatable smells can arise; suspect the planning authority would investigate this and have controls; and subject to this we have no objection (received on 28th June 2015).

6.0 ASSESSMENT 6.1 The material planning issues which need to be taken into account are; the principle for the use of the existing building; potential visual impact; the potential impacts upon highway safety/ parking provision, and potential impact upon neighbouring amenities.

6.2 In relation to the use of the building, the site is designated as mixed use within a town centre location. The building has until recently been used as a tyre and exhaust fitters. The proposal to use the building mainly as a distillery and associated storage (approx. total floor area of 190.3sqm) and part as a tasting room, split over two floors (approx. total floor area of 123.8 sqm).

6.3 In terms of the use of the building, it is considered acceptable on this site. There are a number of public houses/bars/restaurants in the area and the potential for the tasting rooms would be used in a similar manner during similar times.

6.4 The proposal includes works to the front of the building, with the use of new stone cladding and vertical timber cladding and replacement of the existing roller shutter doors and

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pedestrian access with a large expanse of glazing. These works will represent a vast improvement over the appearance of current building, which has a detrimental impact to the area currently. Accordingly, it is considered the proposal should be commended, beneficial to the visual amenities of the area and to the individual building complying with General Policy 2 and Environment Policy 36.

6.5 In terms of parking provision, there is no parking provision provided within the site nor is it realistic for such parking to be provided. A loading bay to the front of the property does exist, which would be utilised for collections and deliveries by long wheel base transit van to the distillery. The applicants consider such collections and deliveries would be limited to two to three vehicles, one to two days per week.

6.6 The applicants highlights that there is sufficient parking available at nearby privately owned; or public car parks such as Shaw's brow which is only 5 minutes' walk away. The site is also immediately adjacent to bus station entrance and other bus stops are also available on the nearby Lord Street and Peel Road. Such provisions could accommodate staff and visitors. Weight is also attached to the previous use of the building as a tyre and exhaust fitters which would also have no onsite parking provision.

6.7 Overall, whilst the site does not provided the required level of on-site parking and relies on off-street/car parks/public transport; it is considered given the previous use of the building, and as the site is within a sustainable town centre location, the proposal from this respect is also acceptable, complying with General Policy 2.

6.8 Regarding the potential impact upon neighbouring amenities, namely the residential property Nr 1a Banks Circus, which is located to the south of the site and also the residential unit above the Railway public house to the east. The main issues are likely to be any smells etc produced by the distilling process and person coming and going from the site (tasting area) during night and early mornings, especially on Fridays and Saturdays. In relation to the smells produced, the applicant has indicated that the still room will include an extraction system and the designs results in no external noise being generated. They have also indicated that the system for extracting manufacturing odour is a condensing system which discharges as a liquid to a drain. The system for vapour may not be needed due to the small size of the distillery. The applicant considers the system is designated to remove all odours from the distilling process.

6.9 The applicants also considered the proposal will be an improvement on the previous motor vehicles workshop with its engine exhausts particulates and odours. They also indicate the process is very quiet and have less of an impact than the previous use which generated engine noise and mechanical tools operating from 0830hrs to 1900hrs. Overall, with an hour of operation condition attached and a noise condition it is considered the proposal would have no significant impact upon neighbouring residents.

7.0 RECOMMENDATION 7.1 It is considered that the proposal would be comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and Douglas Local Plan, for the reasons set out in this report, it is recommended that the application be approved.

8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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;

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(c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owners/occupants of MOP, 2nd Floor, Euromanx House, Freeport, Ballasalla

"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: 16.07.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

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.

C 2. No customers shall be served or remain in the building outside the following hours 0800hrs till 2330hrs Monday to Thursday, 0800hrs till 0130hrs Friday and Saturday and 1000 hrs till 1830hrs Sunday.

Reason: In the interests of the residential amenity of the area.

C 3. In the interest of protecting private residential amenity, the acoustic design of the extract system shall be such as to ensure that noise levels do not exceed 45 decibels in volume LAeq 5 minute when measured at the façade of neighbouring residential properties.

Reason: in the interest of residential amenities

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This approval relates to drawings reference numbers P01, P02, P03 and Planning Statement all received on 2nd June 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 17.07.2015

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed : Michael Gallagher.

Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management