**Document:** Decision Notice **Application:** 25/90791/C — Change of use of part of commercial space to two residential units and residents gym **Decision:** Permitted **Decision Date:** 2025-11-30 **Parish:** Rushen **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/90671-rushen-bayqueen-hotel-change-of-use/documents/1147690 --- # Decision Notice 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 Hartford Homes, Ref 25/90791/C, for the Change of use of part of commercial space to two residential units and residents gym at Bayqueen Hotel The Promenade Port St Mary Isle Of Man IM9 5DG. 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. 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. - 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. 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 - - All date published online 15 Aug 2025 - o Planning Statement - date published online 01 Sep 2025 This decision has been made for the following reasons(s) 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. Date of Issue: 30th November 2025 A MORGAN Interim 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/) Implementation A determination to grant planning approval does not have effect — -  if an appeal is submitted until the appeal is determined or withdrawn; or -  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice). Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice. Guidance on how to appeal is available at gov.im/howtoappeal --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/90671-rushen-bayqueen-hotel-change-of-use/documents/1147690*