Decision Notice

Spin Mooar Ltd 37 Nelson Street Douglas IM1 2AJ

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 Spin Mooar Ltd, Ref 25/90111/C, for the Change of use to an entertainment centre consisting solely of gaming machines (Sui Generis) at The Artist 37 Nelson Street Douglas Isle Of Man IM1 2AJ .

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. 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.

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

This decision has been made for the following reasons(s) 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.

Date of Issue: 27th May 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