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25/90791/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
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 Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.11.2025 __
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. Prior to the occupation of the apartments hereby approved, the associated parking spaces (2 per apartment) shall be provided and thereafter shall be available for use for parking at all times.
Reason: to provide sufficient car parking for each unit.
C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the resident's gym hereby approved shall only be used as a gym and shall only be available for use by residents of the apartments, and shall not be used for any external or commercial use.
Reason: The application has been assessed on this basis only, in the interest of amenity, highway safety and parking availability.
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25/90791/C
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This application has been recommended for approval for the following reason. 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: o DWG 40 Location Plan o DWG 41 Site Plan o DWG 42 Existing Plans o DWG 43 Existing and Proposed Elevations o DWG 44 Proposed Plans
o Planning Statement - date published online 01 Sep 2025
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Right to Appeal
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
THE SITE 1.1.1 The application relates to the Bayqueen, Port St Mary, a complex building which was approved most recently under 21/00085/GB for demolition of a registered building and construction of building to provide 23 apartments and cafe/spa/wellness/gym with associated car parking, landscaping and substation and additional use of ground floor apartments as tourist accommodation.
THE PROPOSAL 2.1 Proposed is the change of use of part of the proposed ground floor commercial unit into two new residential apartments and a private resident's gym. The proposal will see the commercial area reduced from 802sq m to 229sq m.
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: o 21/00085/GB - Demolition of registered building and substation and construction of building to provide 23 apartments and cafe/spa/wellness/gym with associated car parking, landscaping and substation (amendments to previously approved PA18/00637/GB and in
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25/90791/C
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association with approved 18/00638/CON) and additional use of ground floor apartments as tourist accommodation o 18/00637/GB - Demolition of existing building and sub-station, and construction of two buildings containing a total of 45 apartments and a restaurant, including car parking, landscaping and new sub-station (in connection with registered building application 18/00638/CON)
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.
4.2 AREA PLAN FOR SOUTH 2013: Description of Port St. Mary
o 3.12.1 The Bay Queen Hotel site clearly needs investment, and would provide a welcome opportunity for new residential development in Port St Mary."
o 3.14 Summary of the Landscape Character Assessment: ... Part retention of and conversion of the Bay Queen Hotel and the development of the immediate site around it is clearly desirable, and constitutes the principal opportunity for new housing, or other properly assessed uses, in the Village (Site 25). Renovation and re-use of some of the older buildings may provide other opportunities."
o 4.66 Site 25 Outlines the background of the site and includes reference to other planning history incuding PA 02/0343 for the erection of two buildings housing 56 apartments. This was the Reserved Matters application which included the refurbishment of the Registered Building on the site and followed on from the original approval granted at Appeal under PA 99/2149. As some works were undertaken on the site, the approval was judged to have been taken up. The building was judged worthy of entry onto the Protected Building's Register due to its historic context, its landmark quality and rarity and aesthetic quality. Given this assessment and for the reason that the presence of the hotel provides a tangible link with the town's historical and sociological development, the Department supports the Registered Building status of the Bay Queen and any further redevelopment schemes should respect this.
o Development Brief 25
favourable consideration may be given (subject to a full assessment of the overall design) to a scheme which retains only the 'twin towers' element of the Registered Building.
The provision of affordable housing (in accordance with Housing Policy 5 of the Isle of Man Strategic Plan, 2007, or its replacement) shall be applied on any additional units over and above the 56 residential units already approved under PA 02/00343/B which has been taken up.
Development proposals must retain the pedestrian link (which passes the north western boundary of the site) from Rhenwyllan to the Promenade.
4.3 ISLE OF MAN STRATEGIC PLAN 2016:
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o Economy 3.4(d) (d) To maintain and enhance the viability and vitality of town centres by controlling the location and nature of new retail and commercial development. o Strategic Policy 1 - make best and efficient use of sites and utilising existing infrastructure o Strategic Policy 2 - new development directed to towns and villages o Strategic Policy 4 - Protection of built heritage and landscape conservation o Strategic Policy 5 - promotes good design o General Policy 2 - general development standards including visual and amenity o Environment Policy 42 - Designed to take into account local character and identity o Business Policy 1 - growth of business o Community Policy 4 - Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable o Community Policy 7 - designed to prevent criminal and antisocial behaviour; o Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire o Transport Policy 7 - Appendix 7 - parking standards o Infrastructure Policy 5 - methods for water conservation
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
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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.
8.0 CONCLUSION 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
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fundamental changes to policy since those previous approvals. The works are considered acceptable and demonstrated to be provided with sufficient car parking, subject to a condition ensuring the gym remains for apartment resident use only.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 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: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
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): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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.
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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 and/or rights to appeal.
Decision Made: Permitted Date: 24.11.2025
Signed : Miss Lucy Kinrade Presenting Officer
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