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                                      20/01322/B                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/01322/B Applicant : Michael Andrew Cowbourne Proposal : Variation of condition 2 to PA 20/00909/C Additional use of residence as brewery business and distributor to public houses, to increase the number of staff Site Address : Lough Ned Oak Hill Port Soderick Isle Of Man IM4 1AN

Planning Officer: Mr Paul Visigah Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 14.01.2021 __

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 business use hereby approved is only for the provision of service as a small scale commercial brewery for sale to pubs and shall be carried out by Mr Michael Cowbourne and only whilst resident at Lough Ned, Oak Hill, Port Soderick, and only one (1) support staff may be employed and/or work at the premises. Upon cessation of occupation by Mr Michael Cowbourne, the use as a small scale commercial brewery hereby permitted shall cease.

Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby approved.

C 3. The home brewery business, hereby approved, shall not be open to visiting clients/customers at any time and shall only operate a delivery service to external clients/customers.

Reason: In the interest of protecting the amenity of the neighbouring properties and highway safety of A25 Old Castletown Road in accordance with General Policy 2, parts g, h & i of the Isle of Man Strategic Plan 2016.

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C 4. There shall be no display, sales or services at the site, relating to the approved small scale commercial brewery use to any visiting members of the public.

Reason: The application has been assessed for brewing only and any other use would require being assessed as part of a separate planning application and in the interest of amenity and highway safety.

C 5. There shall be no outside storage of waste by-products associated to the approved use. Any waste by-products from the process which are to be picked up from the site by others shall be kept in sealed containers and shall not be left stored externally for more than a 24 hour period.

Reason: In order to prevent the pollution of the local environment and to protect the health and safety of people.

This application has been recommended for approval for the following reason. Overall and on balance, it is considered that the proposal complies with Business Policy 1, Environment Policy 22 and Transport Policy 7 of the Strategic Plan 2016, and Policy 7.7 of the Braddan Local Plan 1991.

Plans/Drawings/Information; This decision relates to the Site and Location Plan, Block Plan and Supporting Information all date stamped and received 9 November 2020. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE 1.1 The application site is the curtilage of Lough Ned, Oak Hill, Port Soderick which is sited on the northern side of the A25 Old Castletown Road, Port Soderick. The property has a significantly large estate and accommodates three buildings; one of which serves as a home brewery and workshop with attached garage.

1.2 The site entrance is situated about 10m south west of the junction between Marine Drive and Oakhill and about 40m northeast of the entrance to Oakhill House. The railway line runs along its southern boundary and demarcates the application site from Woodville the abutting dwelling which has its frontage facing the A25.

2.0 THE PROPOSAL 2.1 The planning application seeks to vary condition 2 to PA 20/00909/C (Additional use of residence as brewery business and distributor to public houses), to increase the number of staff. Condition 2 states:

"The business use hereby approved is only for the provision of service as a small scale commercial brewery for sale to pubs and shall only be carried out by Mr Michael Cowbourne and only whilst resident at Lough Ned, Oak Hill, Port Soderick, and no other staff may be

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                                      20/01322/B                                     Page  3  of  6

employed and/or work at the premises. Upon cessation of occupation by Mr Michael Cowbourne, the use as a small scale commercial brewery hereby permitted shall cease.

Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby approved."

2.2 The applicants have provided the following supporting information as justification for the need to increase staff on the site:

2.2.1 Reasons why I can't work alone in the Brewery: Condition 2 states that "and no other staff may be employed and/or work at the premises". I have been home brewing for two years here and I always have help when I brew. It is a two- man operation as the process is not automated and is impossible to run on a solo basis. I therefore would like this clause amended to one other staff may be employed and/or work.

The other major factor besides the brewing process being a two-man job is Health and Safety. The brewing process deals with extremely hot and boiling liquids, any accident or malfunction of equipment could result in personal injury. There is also electrical equipment being operated in a wet environment. It is therefore, necessary always to have another person in situ on Health and Safety grounds.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site lies within an area zoned as Existing Low Density Housing in Parkland under the Braddan Local Plan 1991. Policy 5.6 of the Planning Circular 6/91, the written statement that accompanies the local plan identifies Oak Hill Cottages as an area proposed for further examination of residential development.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains the following policies that are considered materially relevant to the assessment of this current planning application:

3.3 Appendix 5 of the Strategic Plan identifies developments where an EIA is required. In particular it refers to sub-paragraph A.5.2 (g) which includes 'Brewing and Malting' as development requiring an EIA. It states in part: "It is proposed that the following types of development would require EIA in every case. (g) Food industry o Brewing and malting"

3.4 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.

7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.

3.5 Paragraph 7.18.3

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A Planning Policy Statement will be issued specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).

3.6 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) to be accompanied by suitable supporting environmental information in all other cases.

3.7 Paragraph 7.19: Pollution-Sensitive Development 7.19.1 Development will not be permitted where it would be incompatible with an existing use of land. In the case of new residential development, this will not be allowed where properties would suffer unacceptable loss of amenity due to exposure to existing sources of pollution whether this is from noise generation, odours or airborne pollutants such as dust. Not only could this reduce the quality of life of future residents but it could lead to future complaints that may prejudice any future development or expansion of an existing land use.

3.8 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.

3.9 General Policy 2 of the strategic Plan would also provide guidance in the assessment of the proposal. General Policy 2 states that:

"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: (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; (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;

3.10 The Braddan Local Plan 1991 has the following policy which is considered to be relevant to the current application:

3.10.1 Policy 7.7

The standard for car parking will be applied in the appropriate situations with the exception of change of use. Change of use will necessitate the provision of additional car parking if this can be satisfactorily accommodated on site.

4.0 PLANNING HISTORY 4.1 The previous planning application is considered to be specifically material in the assessment of the current application:

4.2 Additional use of residence as brewery business and distributor to public houses - 20/00909/C - approved with the attached condition:

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"C 2. The business use hereby approved is only for the provision of service as a small scale commercial brewery for sale to pubs and shall only be carried out by Mr Michael Cowbourne and only whilst resident at Lough Ned, Oak Hill, Port Soderick, and no other staff may be employed and/or work at the premises. Upon cessation of occupation by Mr Michael Cowbourne, the use as a small scale commercial brewery hereby permitted shall cease.

Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby approved."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division have made the following comments regarding the application in the letter dated 28 August 2020:

Reference made to planning approval 20/00909/C.

The proposal is acceptable in Highways terms. The brewery is located in a place of residence and therefore requires a minimum parking allocation of two spaces. With the addition of brewery staff, the parking requirements increase also. The applicant has stated that he seeks to employ one additional member of staff to assist in the brewery works. For this increase in brewery staff, the area highlighted in "Block Plan" for car parking is sufficient.

The proposal gives rise to no significant road safety or highway efficiency issues. Accordingly, Highway Services raise no opposition.

Recommendation: DNO

5.2 Braddan Parish Commissioners have no objection to the current planning application in the letter dated 26 November 2020.

6.0 ASSESSMENT 6.1 The main material considerations is whether the principle of having an additional staff on site is acceptable and whether there is any highway safety concerns given additional traffic would be generated by the proposal.

6.2 In terms of the principle of having an additional staff on site to support the operations of the business, it is noted that the proposal seeks to ensure that the business operates in a safe manner, adhering to Health and Safety requirements for such operations given that the additional staff would ensure that the operation is seamless and that eventualities are safely catered for as the equipment operations could sometimes present hazards. It is also considered that since the operation is not automated, the additional staff would help to ease the operations and ensure that the business meets its desired supply targets to its clients. This alteration to the scheme is relatively minor given that the comings and goings of the additional staff would be no different from visitors or residents coming and going since the property is well set within its large curtilage, sufficiently secluded from the neighbouring properties. As such, it is considered that the proposal is acceptable and would not considerably alter the controls sought by the Department on business operations within residential curtilages.

6.3 In relation to highway safety impacts potentially caused by additional traffic to and from the site. Given that only an additional staff would be permitted to support the distillery it is unlikely that this would have a significant impact on parking or highway safety. The site currently has 6 parking spaces which is more than is required to support the residential use of the site as well as the additional parking requirement for a single staff. Based on the foregoing,

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it is not considered that the proposed development would result in detrimental impacts on parking or highway safety.

7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal complies with Business Policy 1, Environment Policy 22 & Transport Policy 7 of the IOMSP. Accordingly it is recommended that the application be approved.

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 __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 04.02.2021

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.