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Application No.: 25/90791/C Applicant: Hartford Homes Proposal: Change of use of part of commercial space to two residential units and residents gym Site Address: Bayqueen Hotel The Promenade Port St Mary Isle Of Man IM9 5DG Planning Officer: Lucy Kinrade Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 10.11.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: The application has been assessed on this basis only, in the interest of amenity, highway safety and parking availability.
Despite objection from the local commissioners, the works in this case are considered acceptable and not so far removed from previous approvals to warrant issue or concern. Previously a higher number of apartments and a smaller commercial area was approved and there have been no fundamental changes to policy since those previous approvals. Subject to conditions relating to parking spaces for the apartments and ensuring the proposed gym remains for apartment resident use only the application is considered acceptable.
Plans/Drawings/Information; This approval relates to the following information:
It is recommended that the following organisations should be given the Right to Appeal: o Port St Mary Commissioners - objection
_________________________________________________________________ Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS OBJECTION HAS BEEN RECEIVED FROM THE LOCAL COMMISSIONERS AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
2.2 No physical works are proposed as part of this application. PLANNING HISTORY - 3.1 The site and surrounding area have been subject to a number of previous applications most relevant in this specific case:
3.2 The original 2018 approval included 45 apartments and a commercial area measuring 218sq m indicated to be for a restaurant.
3.3 The 2021 approval reduced apartments to 23 and increased the commercial area to 802sq m and indicated to be a flexible space for either a restaurant or a wellness centre/spa/gym with a café. PLANNING POLICY - 4.1 The site lies within an area zoned as proposed residential (site 25) on the Area Plan for the South 2013. The site is not within the proposed Port St Mary Conservation Area. The site is not recognised as being at any flood risk. There are no registered trees on the site.
4.5 Reference any relevant PPS or NPD o PPS 1/01 Historic Built Environment - 5.0 OTHER MATERIAL CONSIDERATIONS
5.1 Legislation o Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
5.2 Policy/Strategy/Guidance o Manual for Manx Roads - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Port St Mary Commissioners - objection (25/09/2025) The proposed reduction in commercial space represents the loss of an important community facility. Commercial premises within Port St Mary are limited and provide essential services, employment opportunities, and social interaction that underpin the vitality and sustainability of the port. Allowing the loss or reduction of such space risks undermining the settlement hierarchy role of Port St Mary as a Service Village within the Isle of Man Strategic Plan and is therefore contrary to the objective of supporting balanced communities with accessible services.
6.2 The following were consulted but no response received at the time of writing the report 10/11/2025: o DOI Highway Services - 7.0 ASSESSMENT
7.1 The key issues to consider in this case is whether the reduction to the commercial space and increase in residential units impacts on any previous approvals or on the local village, whether there is any implications in terms of affordable housing as a result of new residential units being provided, and whether there are any highway safety or parking implications as a result of the above and new gym. Commercial Unit Reduction and Apartments Units Increased
7.2 The fundamental matter to take into consideration here is the planning history of the site as referred to in 3.0 and 4.2 of this report. It's clear that approval was original granted for 56 residential units, which was then reduced to 45 apartments and then 23 in 2021. The proposal now for two new units (increasing the total to 25) would be no more than the maximum figures previously approved and with no increased or new adverse impacts expected on the overall nature of use or on any surrounding neighbouring amenity.
7.3 Throughout those applications the commercial space within the building has also changed, originally it was approved as 218sq m in 2018 for a restaurant and then increased to 802sq m in 2021 to be a flexible space for restaurant, wellness centre/spa/gym. Approval has already been granted for more units and for smaller commercial area as part of 2018 and so it would be difficult to now reach a different conclusion to something which has previously been accepted and mindful that there does not appear to be any material consideration or change to any policy to warrant reaching a different view or decision. - 7.4 It is noted that the Commissioners have objected on grounds that the reduction of the commercial space represents a loss of an important community facility for which there are already limited in the area, and they're concerned it might undermine the settlement hierarchy of their village. - 7.5 However it must be noted that the space isn't being lost altogether, it's only being reduced in footprint (although still likely to be one of the biggest commercial spaces within Port St Mary given most occupy ground floors of existing older buildings along the main high street). It should also be borne in mind that the land is outside of the main commercial core, is designated for residential and the development brief did not require the need for any commercial space to be provided. Nevertheless the space provide helps to contribute to commercial offering within Port St Mary and its size as proposed has been previously accepted, and so no new concerns arise as part of this application. Affordable Housing Need and Public Open Space - 7.6 As part of 18/00637/B for 45 apartments the planning officer stated "It is generally required that development provides affordable housing and public open space in compliance with Strategic Plan standards. In this case, the Area Plan for the South recommends in the appropriate development brief that as planning approval has been granted for a residential development on the site which could still be completed, which was not subject to such a requirement, that affordable housing will only be required for units over and above the 56 which already have approval." - 7.7 Given the unusual situation/site history, affordable housing requirements were only applied for anything over and above the original 56 units as set out in the APS2013 and so no affordable housing provision applies in this case. Similarly, there was no public open space requirements sought previously and the increase by two apartments remains below the number previously approved. Car Parking - 7.8 Information has been provided to demonstrate that each apartment is to be provided with two car parking spaces, and spaces remain available for the commercial unit. The gym is indicated to be for use by the residents only and so no external commercial operation warranting any additional need for parking. On this basis no new or adverse impacts are expected on highways and a condition to ensure the gym remains for residents only and for no external commercial use is necessary.
8.1 The works are considered to be acceptable in this case with considerable weight being given to previous approvals from 2018 and 2021 where a higher number of apartment numbers and a smaller commercial unit was approved and noting that there have been no
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 the Right to Appeal.
Decision Made: Permitted Date: 24.11.2025 Signed : Miss Lucy Kinrade Presenting Officer
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