Officer Report

Application No.: 25/90111/C Applicant: Spin Mooar Ltd Proposal: Change of use to an entertainment centre consisting solely of gaming machines (Sui Generis) Site Address: The Artist 37 Nelson Street Douglas Isle Of Man IM1 2AJ Planning Officer: Peiran Shen Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 01.04.2025 _________________________________________________________________

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. The approved use shall only have gaming machines, which are any machine, whether mechanical, electric or electronic, if a person pays to play such machine and a cash prize can be won from playing such machine.

Reason: for the avoidance of doubt and to ensure the development takes place in accordance with the approved details.

• C 3. No customer shall be within the building outside of 11:00 to 23:00.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

This application has been recommended for approval for the following reason.

The proposal is considered to be in accordance with the land use zoning of the site. Due to its small scale and location it does not raise any concerns in relation to impacts on nearby properties or amenity that would justify refusal.

Plans/Drawings/Information;

This approval relate to the documents, cover letter, location plan, site plan, existing and proposed drawings, which have all been received on 31st January 2025.

_________________________________________________________________ Right to Appeal

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: 46 Ballabrooie Way, Douglas - Objection does not relate to material planning considerations

_________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE - 1.1 The site is 37 Nelson Street, Douglas, a quasi-mid-terrace building located on the south of Nelson Street. The ground floor is vacant at the moment. There is a flat above the ground floor. - 1.2 Nelson Street is a short street formed by the side and rear of office buildings. The application building is the only shopfront on the street.

2.0 THE PROPOSAL - 2.1 The proposal is to use the ground and the basement of the building as an entertainment centre. The ground floor will have slot machines, and the first floor will be used as an office for the business. - 2.2 The proposed entertainment centre opens daily between 11:00 and 23:00. It has drink cabinets and vending machines that serve soft drinks.

3.0 PLANNING HISTORY - 3.1 Change of use from Beauty Salon (class 1.1) to Food & Drink (class 1.3) and installation of awning over pavement cafe area was APPROVED under PA 23/00853/B.

4.0 PLANNING POLICY Site Specific

4.1 The site is within an area designated as Mixed Use (Strand Street) in the Area Plan for the East. - 4.2 The Written Statement for the Area Plan states: "(Mixed Use Proposal 3) Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre." Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o General Policy 2 (b) (c) (f) (g) (m) (n)
• o Transport Policy 7

• o Appendix 7.6

PPS and NPD

4.4 No planning policy statement or national policy directive is considered materially relevant to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Legislation

5.1 Section 5 (2) of Use Classes Order 2019 states: "No use class specified in the Schedule includes use for the purpose of - … (f) an amusement arcade or centre, or a fun fair…" - 6.0 REPRESENTATIONS

6.1 Douglas Borough Council has no objection to this application (18.02.2025).

6.2 DoI Highway Services states there is no highway interest in this application (11.02.2025). - 6.3 Design Out of Crime Officer wrote in (12.02.2025) that installing doors, CCTVs, alarms, and safes up to security standards is paramount to such a high-risk business. - 6.4 Owners/Occupiers of 46 Ballabrooie Way, Douglas, wrote in objection to this application (28.02.2025). The comment states the proposal would target vulnerable members of society and isn't right or moral.

7.0 ASSESSMENT Nature of the Development

7.1 An arcade is usually an indoor area that entertains people by having them interact with machines. An arcade is considered sui generis (of their own class). The proposed entertainment centre differs from an arcade since it does not serve children, and money is an incentive for playing. Therefore, the proposed entertainment centre is considered to be sui generis and is not considered to be an arcade. Elements of Assessment

7.2 The main considerations for this application are the principle of the development, its impact on neighbouring properties and its social impact. Principal of the Application - 7.3 The Area Plan for the East lists some acceptable uses in the Strand Street Area. Entertainment venues are only acceptable on the ground floor if no active frontage needs to be preserved. - 7.4 As mentioned in 1.2, the street does not have an active frontage to maintain or need enhancement. Therefore, it is considered that the proposal complies with Mixed Use Proposal

3 of the Area Plan for the East and is considered principally acceptable. Noise

7.5 The proposal is small-scale and is located in the city centre, so there is generally a low concern for noise generation. The applicant has confirmed that the machines are to be set to low volume status for users' enjoyment, which is considered sufficient to maintain the living amenity for the flat above and a condition on limiting noise is not required. - 7.6 Since the site is within the city centre, the noise generated by the coming and going of patrons is not considered a sufficient reason for recommending refusal.

• Parking
• 7.7 The proposed entertainment centre is only about 22 square metres, which requires two parking spaces. There is no proposed parking space. Given its city centre location, it is considered that the increase need for two parking spaces is not a sufficient reason for recommending refusal. Public Safety and Crime Prevention
• 7.8 The Design Out of Crime Officer considers the proposal high risk and recommends several security measures. This being said, the quality of parts of buildings and furniture is not controlled by planning and, therefore, cannot be conditioned. For the same reason, these recommendations also have no impact on the assessment of the application.
• 7.9 Nelson Street has a lower level of natural surveillance and footfall than adjacent roads due to its lack of shopfronts. However, it is short enough that some natural surveillance is still provided by people walking past the roads next to it or using it as a passageway. Therefore, the proposal is not considered to increase the possibility of crime within the area sufficient to justify refusal. Social Impact

7.9 There are public concerns regarding the broader social-economic impact of the proposal. Concerns with the morality/ethics of the business are not considered material considerations. The impact of the proposal in land-use terms has been considered above. - 8.0 CONCLUSION

8.1 Due to its small scale and city centre location, the proposal is considered to have limited noise impact and not considered to raise concerns about crime. Therefore, the proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and Mixed Use Proposal 3 of the Area Plan for the East and is recommended for an approval. - 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.

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: 19.05.2025 Signed : Presenting Officer

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 service/customers and archive record.

Planning Committee Decision 19.05.2025

Application No. : 25/90111/C Applicant : Spin Mooar Ltd Proposal : Change of use to an entertainment centre consisting solely of gaming machines (Sui Generis)

Site Address : The Artist 37 Nelson Street Douglas Isle Of Man IM1 2AJ Presenting Officer : Peiran Shen Addendum to the Officer’s Report

The committee were informed that an opening hours restriction had not been imposed due to the site's city centre location. The committee further discussed the noise concern and decided to restrict the opening hours to those stated by the applicant in the application details. _____________________________________________________________________________