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 JM Project Management Ltd, Ref 24/91051/B, for the Construction of Co-op food retail store, six tourist apartments over at first floor level and associated car parking, service yard and associated bin storage at The Flower Pot And Funeral Directors Station Road Port Erin Isle Of Man IM9 6AB .

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 commence within four years from the date of this decision notice.

Reason: To comply with Article 26 of the Development Procedure Order 2019 and prevent the accumulation of unimplemented permissions.

• 2. The gross internal floor area of the retail unit hereby approved shall not exceed 476 sqm, excluding ancillary areas. No mezzanine floors shall be installed.

Reason: To manage the scale of retail provision and ensure compliance with Business Policies 9 and 10.

• 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the retail unit hereby approved shall only be used for Class 1.1 convenience retail purposes and not for any other use within that class or any other class].

Reason: To ensure the use remains consistent with the approved planning assessment and to prevent adverse impacts from alternative uses.

• 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (as amended), the accommodation hereby approved shall only be used as a self-contained self-catering tourist unit within Class 3.6, and for no other purpose (including any other purpose within Class 3.6 or any other class of the Order), unless otherwise agreed in writing by the Local Planning Authority.

• Reason: To ensure the use of the accommodation remains consistent with the approved planning assessment, and to prevent adverse impacts arising from alternative or permanent residential uses.
• 5. The retail unit hereby approved shall operate only between 0800 and 2200 Monday to Sundays, and Bank Holidays. Reason: To protect residential amenity and ensure compatibility with surrounding land uses.
• 6. Prior to first use of the development, the access arrangements including visibility splays, pedestrian routes, and vehicular entry/exit points shall be implemented in accordance with Drawing No. 0726/03 Rev. J and retained as such thereafter.

Reason: In the interests of highway safety and to ensure safe and efficient access to and from the site.

• 7. All car parking spaces, including those for disabled users and electric vehicle charging, shall be provided prior to first use of the development and retained as such thereafter. These spaces shall be used strictly for the parking of vehicles and for no other purpose, including storage, display, or commercial activity.

Reason: To ensure adequate parking provision, safeguard highway safety, and support sustainable transport objectives.

• 8. The development hereby approved shall not be brought into use until the adjacent bus stop on Station Road has been relocated eastward, in accordance with the principles and indicative location set out in the ADL Response to the DOI Highways Consultation dated April 2025.

Reason: To ensure safe access and visibility for vehicles exiting the site, in accordance with the submitted ADL Transport Response.

• 9. Prior to the development hereby approved being brought into use, details of short-stay and long-stay cycle parking shall be submitted to and approved in writing by the Department. The facilities shall be implemented in accordance with the approved details and retained as such thereafter. Reason: To promote sustainable travel and ensure secure and accessible cycle storage.
• 10. Prior to the development hereby approved being brought into use, a Delivery and Servicing Management Plan shall be submitted to and approved in writing by the Department. The plan shall include delivery hours, vehicle types, and noise mitigation measures. The development shall operate in accordance with the approved plan thereafter. Reason: To safeguard residential amenity and ensure efficient servicing arrangements.
• 11. Development shall not commence until a programme of historic building recording of the existing buildings on the site has been undertaken and submitted to and approved in writing by the Department. The programme must be undertaken in accordance with Level Two as set out in Understanding Historic Buildings: A Guide to Good Recording Practice.

• Reason: To safeguard the recording and inspection of matters of historical importance that will be lost in the course of works.
• 12. Prior to occupation of the tourist apartments hereby approved, details of privacy screening for the first-floor balcony on the southern elevation which shall have a minimum height of 1.8m shall be submitted to and approved in writing by the Department. The screening shall be installed in accordance with the approved details and retained as such thereafter.

Reason: To protect the residential amenity of neighbouring properties in accordance with the Residential Design Guide and General Policy 2.

• 13. Prior to commencement of development, an Energy Impact Assessment (EIA) shall be submitted to and approved in writing by the Department. The EIA shall demonstrate the measures incorporated into the design, construction, and operation of the development to reduce energy consumption and increase energy efficiency. These measures shall include, but not be limited to:

• i. Passive solar design and estate layout;
• ii. Enhanced insulation standards for walls, roofs, windows, and floors;
• iii. Integration of renewable energy technologies such as solar panels, photovoltaic cells, or heat pumps;
• iv. Energy-efficient lighting, heating, and ventilation systems; The development shall be carried out in accordance with the approved assessment and retained as such thereafter.

Reason: To ensure compliance with Energy Policy 5 and Strategic Plan Paragraphs 12.2.912.2.11, promoting sustainable development through energy conservation, resource efficiency, and environmental responsibility.

• 14. Prior to commencement of development, a Biodiversity Mitigation Scheme shall be submitted to and approved in writing by the Department. The scheme shall include details of bat and bird boxes, tree planting, and demolition timing to avoid nesting seasons. The approved scheme shall be implemented in full and retrained as such thereafter. Reason: To mitigate biodiversity loss and ensure compliance with Environment Policies 4 and 5.
• 15. Prior to the installation of any external lighting, a detailed lighting scheme shall be submitted to and approved in writing by the Department. The scheme shall demonstrate compliance with the recommendations of the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 (Bats and Artificial Lighting). The development shall be carried out in accordance with the approved scheme, and no external lighting shall be installed other than in accordance with the approved details. Reason: To avoid adverse impacts on bats and other nocturnal wildlife (EP4, EP5).
• 16. Notwithstanding any details already submitted, no development above slab level shall take place until a detailed hard and soft landscaping scheme, including planting plans, species, and boundary treatments, has been submitted to and approved in writing by the Department.

All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become

seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure a high standard of landscaping and visual amenity, to mitigate the visual impact of the development, and to enhance biodiversity in accordance with General Policy 2(f), Environment Policies 4 and 5, and the Isle of Man Residential Design Guide.

• 17. The development hereby approved shall not be brought into use unless off-site highway works including dropped kerbs at the adjacent junction and parking restriction measures on surrounding roads have been implemented in accordance with details which have first been approved in writing by the Department.

Reason: In the interests of highway safety and to ensure safe and efficient access for all highway users.

• 18. No guest or customer of the tourist units shall occupy any part of the accommodation for a period exceeding 28 consecutive days in any three-month period. Prior to the first use of the tourist units, a management plan detailing the booking system shall be submitted to and approved in writing by the Department. The plan shall include:

• a. The maximum permitted stay in each unit;
• b. A system for maintaining a register of customer bookings; and
• c. A mechanism by which the Department may inspect the register to verify compliance.

The register shall be retained for a minimum of two years from the date of the last entry and shall be made available for inspection by the Department upon reasonable request. The tourist units shall be operated strictly in accordance with the approved management plan.

Documents

• o Cover Letter and Plan List (03 Oct 2024)
• o Retail Impact Assessment (31 Dec 2024)
• o IOM Town Audits Dated Jan 24 (31 Dec 2024)
• o IOM Retail Sector Strategy Evidence Base dated Jun 2013 (31 Dec 2024)
• o Transport Assessment (20 Jan 2025)
• o Road Safety Audit (20 Jan 2025)
• o Bird and Bat Survey (26 Feb 2025)
• o Transport Statement dated Dec 24 (05 Mar 2025)
• o CGI Render (31 Mar 2025)
• o Retail Assessment Note dated June 25 (03 Jul 2025)
• o DOI Comments 07.02 and ADL Response (03 Jul 2025)
• o Agents Covering Letter to Amended Additional (03 Jul 2025) Plans
• o Drg. 02 - Existing Elevations (03 Oct 2024)
• o Drg. 0726-05 B - Proposed Site Plan Plans Vehicle Tracking (20 Jan 2025)
• o Drg. 0726-09 Rev G - Proposed Elevations and Site Plan (05 Mar 2025)
• o Drg. 0726-01A - Existing Site Plan (05 Mar 2025)
• o Drg. 0726_03 Rev H - Proposed Elevations and Site Plans (31 Mar 2025)
• o Drg. 0726-08 Rev C - Proposed Street Elevation (03 Jul 2025)
• o Drg. 0726-04 Rev F - Proposed Floor Plans (03 Jul 2025)
• o Drg. 0726-03 Rev J - General Layout (03 Jul 2025)

This decision has been made for the following reasons(s) Whilst the site is located marginally outside the designated mixed-use and retail area of Port Erin, it is situated within the established settlement and in close proximity to other retail uses of Port Erin, thereby supporting the objectives of Business Policies 9 and 10 of the Isle of Man Strategic Plan. The site has a longstanding history of commercial and retail use, and its redevelopment would bring a brownfield site, vacant for over a decade, back into active use. The scheme is expected to deliver economic benefits and has received formal support from the local authority. The final design is considered acceptable.. Taken together, these factors justify the proposal and support its contribution to town centre vitality, sustainable economic growth, and high-quality urban regeneration.

Date of Issue: 7th October 2025

J CHANCE 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