DEC Decision Notice

Michael Andrew Cowbourne Lough Ned Oak Hill Port Soderick Isle Of Man IM4 1AN

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 Michael Andrew Cowbourne, Ref 20/01322/B, for the 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 at Lough Ned Oak Hill Port Soderick Isle Of Man IM4 1AN.

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. 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.

• 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.
• 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.

• 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 decision relates to the Site and Location Plan, Block Plan and Supporting Information all date stamped and received 9 November 2020.

This decision has been made for the following reasons(s) 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.

Date of Issue: 5th February 2021

Director of Planning and Building Control

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 £285); 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 £100). 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 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.