221890

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90469/MCH Applicant : Hartford Homes Proposal : Minor change to 21/00085/GB (erection of 23 apartments) for omission of glazed winter garden, first floor projections and rear drop off canopy, updating of moulding details to western towers and top floor wall cladding Site Address : Former Bayqueen Hotel The Promenade Port St Mary Isle Of Man IM9 5DG

Planning Assistant: Mrs Charlotte Crowe

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 05.08.2025 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. This decision relates only to:

1. Omission of the glazed winter garden on the ground floor southern elevation, facing the Promenade.

2. Omission of the first floor projections into the courtyard elevation, originally intended to house the resident's gym and ancillary apartment /care taker.

3. Omission of rear drop off canopy, as this is no longer required by the revised development layout, which now consists of the southern apartment block and the 3no. detached dwellings to the north.

4. Courtyard road layout amendments in line with approval PA 24/00653/B (3no. detached houses instead of a 4 storey apartment building).

5. Moulding details to western Towers - updated to be in line with approved PA 23/10116/AIR (Information in relation to condition 4 for PA 21/00085/GB)

6. Wall cladding to top floor has been confirmed as 'gold coloured metallic cladding panels'.

7. Relocation of mechanical plant from flat roofs to rear north east corner of building with 1.2m high screen planting.

8. Lower Ground Floor Plan including Core B - General amendments, including: o Core B amended to be similar to Core A & C

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o Overall number of car parking spaces remains as 52. o Garages (associated with particular apartments) reconfigured . o Bin store moved to allow for easier servicing o Bicycle stores reconfigured - same total number of spaces provided (42)

Plans/Drawings/Information;

This decision hereby approved relates to drawings and documents submitted to the Department, titled: APPLICATION FORM, DOCUMENT REGISTER, LOCATION PLAN, APPROVED SITE PLAN, APPROVED ELEVATIONS 1/2, APPROVED ELEVATIONS 2/2, APPROVED PLANS 1/2, APPROVED PLANS 2/2 and PROPOSED ELEVATIONS 1/2, PROPOSED ELEVATIONS 2/2, PROPOSED PLANS 1/2 and PROPOSED PLANS 2/2, all recorded as being electronically received on 12.05.2025 and ADDITIONAL INFORMATION LISTING EXACT PROPOSED MINOR CHANGES recorded as being electronically received on 04.08.2025 __

Officer’s Report

INTRODUCTION

The following application is to be assessed against the criteria set out in Part 3 - Minor Changes Applications of the Town and Country Planning (Development Procedure) Order 2019 specifically Articles 21, 22, 23 and 24.

BASIS OF APPLICATION

1. Previous Applications

21(1) At least one of the following applies:

• this is the only minor changes application that has been made in respect of any particular grant of planning approval;

• any previous minor changes application has been either refused or withdrawn;

• the minor changes application seeks approval only for the installation of low carbon technology; or

• all previous minor changes applications have related solely to the installation of a low carbon technology.

PASS - relates to 21/00085/GB for the demolition of registered building and substation and construction of building to provide 23 apartments

2. Low Carbon Technology and Permitted Development

21(3) The application relate to the approval of low carbon technology and would it be Permitted Development if the building which it is to serve were substantially complete (if this test is passed, ignore section 3).

N/A

3. Limitations on when a Minor Change Application may be made

21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building

PASS - relates to the construction of building to provide 23 apartments and cafe/spa/wellness/gym with associated car parking, landscaping and substation

21(2)(b) The application specifies what minor changes are being sought

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- PASS - the additional information listing exact proposed minor changes states:

1. Omission of the glazed winter garden on the ground floor southern elevation, facing the Promenade. - This brings this area back to that originally approved by PA18/00637/GB.

2. Omission of the first floor projections into the courtyard elevation, originally intended to house the resident's gym and ancillary apartment /caretaker.

3. Omission of rear drop off canopy, as this is no longer required by the revised development layout, which now consists of the southern apartment block and the 3no. detached dwellings to the north approved by PA24/00653/B.

5. Wall cladding to top floor has been confirmed as 'gold coloured metallic cladding panels', following technical product research and specification.

6. Lower Ground Floor Plan including Core B - General amendments, including: o Core B amended to be similar to Core A & C. o Overall number of car parking spaces remains as 52. o Garages (associated with particular apartments) reconfigured - but these are not counted as part of the overall parking requirements to serve the 25no. apartments. o Bin store moved to allow for easier servicing o Bicycle stores reconfigured - same total number of spaces provided (42)

7. Relocation of mechanical plant from flat roofs to rear north east corner of building with 1.2m high screen planting - to ease access for maintenance.

The following changes have already been dealt with through separate applications:

1. Courtyard road layout amendments in line with approval PA 24/00653/B (3no. detached houses instead of a 4-storey apartment building).
2. Moulding details to western Towers - updated to be in line with approved PA 23/10116/AIR (Information in relation to condition 4 for PA 21/00085/GB)

21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature

PASS - included in planning statement and additional information listing exact proposed minor changes document by applicant.

21(2)(c)(i) The Minor Change Application does not increase the number of dwellings or buildings for which planning approval has been granted

PASS - no increase

21(2)(c)(ii)The Minor Change Application does not increase the net external footprint of a building for which planning approval has been granted where this would increase the total floor plan by more than 5% or result in any part of the development being located closer to the curtilage of an adjacent dwelling.

PASS - no increase.

21(2)(c)(iii) The Minor Change Application does not alter the site for which planning approval has been granted and which was defined by a red line on the site location map by changing that line

PASS - no change to site

21(2)(c)(iv) The Minor Change Application does not make material changes to the vehicular access arrangements for which planning approval has been granted

PASS - no changes

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21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed

PASS - no changes

21(2)(d)The Minor Change Application has not been made where the parent approval is less than 21 days old, subject to an undetermined appeal or has expired

PASS - original application approved on 22.04.2021

APPLICATION CONTENT

22(3)(a) Application Form

o Site location plan (with red/blue lines) o The planning approval that is the subject of the application o Explanation of changes being applied for and reasons why o IF relevant, drawings of the proposed minor changes with buildings and structures amended to indicate the changes o Flood risk assessment is not necessary in this case

PASS - all included

22(3)(b) Provision of other documents specified on form but not in Schedule 1

PASS - no other documents provided

22(3)(4) Fee

PASS - dealt with at submission

22(6) Such further info as Department may request prior to determination (has anything further been requested and provided?

PASS - Additional information as to exact changes to be made. Provided on 04.08.2025

DETERMINATION

23(1)(a) The Minor Change does not significantly increase the size or scale of the development in question

PASS - The changes proposed do not significantly increase the size or scale of the development in question

23(1)(b) The Minor Change does not significantly change the nature of the development in question

PASS - the nature of the development in question remains unchanged

23(1)(c) The Minor Change does not result in an approval which, at the time of approval, complied with a Development Plan, National Policy Directive or a Planning Policy Statement, ceasing to do so

PASS - remains compliant.

23(1)(d) The Minor Change does not result in new or increased adverse impacts on adjoining or neighbouring properties or highway safety or having a significant or disproportionate impact on the environment (irrespective of whether such impacts might be outweighed by other considerations) PASS - The development does not affect highways safety, or have a disproportionate impact on the environment, the overall development would not create any new impacts on adjoining neighbouring properties.

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23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application

PASS - On balance, given the overall scale of the development comprising of 23 apartments and cafe/spa/wellness/gym with associated parking, the changes made can be considered minor.

23(1)(f)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made.

PASS - basis of original approval remains wholly the same in its entirety.

23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable?

PASS - acceptable as a minor change.

NOTICE OF DECISION

24(2)(a) Set out whether all or some of the changes are accepted

The proposed changes are accepted.

24(2)(b) Set out whether any elements are refused, the reasons for that.

N/A

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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.

Decision Made : Permitted Date : 28.08.2025

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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