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 25/90801/B, for the Erection of three detached dwellinghouses with integral garages at Bayqueen Townhouse 1 To 3 The Promenade Port St Mary Isle Of Man IM9 5AA.

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. No dwelling hereby approved shall be occupied until the parking, garaging and turning areas associated with that dwelling have been provided in accordance with the approved plans Nrs 62 REV B, 66, 67 & 68. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 3. All planting, seeding or turfing comprised in the approved details of landscaping Drawing Nr 62 REV B shall be carried out in the first planting and seeding seasons following the completion of that dwelling and/or bin store/plant area. 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 the provision of an appropriate landscape setting to the development and for biodiversity net gain.

• 4. Prior to the occupation of the dwelling on Plot 1 the first floor obscure glazing (northwest) and the first and second floors 1.8m high obscure glazed screens to side of external balconies all shown on Drawing 66 shall be completed and shall be maintained as such thereafter

• Reason: In the interests of neighbouring residential amenities.
• 5. The communal landscaped area and six "Visitor Parking" spaces as shown on drawing 62 REV B shall be completed prior to the occupation of the dwelling on Plot 1 and retained thereafter.

Reason: To ensure the provision of an appropriate landscape setting to the development and to provide additional off road parking for visitors of the site and adjacent apartment building.

• 6. No dwelling hereby approved shall be occupied until a swift box is appropriately installed to the north eastern gable elevation of each dwelling and retained thereafter. Reason: In the interests of biodiversity.
• 7. Prior to the installation of any external glazed balustrades details to prevent bird strikes on the clear glass balustrades shall be submitted in writing to the Department and these approved measures shall be installed prior to the occupation of that dwelling. Reason: in the interests of biodiversity.
• 8. All existing trees shall be retained, unless shown on the approved Drawing 62 REV B as being removed. All trees on and immediately adjoining the site shall be protected from damage as a result of works on the site as shown on Drawing 62 REV B, to the satisfaction of the Department in accordance with British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) for the duration of the works on site and the development is completed.

In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department.

Reason: to ensure the continuity of amenity afforded by existing trees. This approval relates to the submitted documents and drawings reference numbers all received; 17.09.2025

• 60
• 61

• 63
• 64
• 65
• 66
• 67
• 68

15.10.2025

• 62 REV B This decision has been made for the following reasons(s)

It is considered the proposal would be developing a site which is designated for residential development currently and one which has gain previously planning approvals for greater levels of development on this site. The proposal would provide an additional supply of housing within a sustainable location, given its closeness and good pedestrian to Port St Mary and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and identified near the top of the settlement hierarchy.

In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development and its location within Port St Mary to shops, services and public transport links.

Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure biodiversity on the site is provided and would result in an energy efficient development. There are no impacts upon any Registered Trees, and tree protection is shown for the four trees on the site proposed to be retained, as well as 23 new trees being proposed to be planted.

In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4, 7, 42 & 43, Housing Policy 1, & 4, Transport Policy 1, 4, 6, 7 & 8 and Energy Policy 5 of the IOM Strategic Plan 2016, Area Plan for the South and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the conditions listed.

Date of Issue: 13th November 2025

A MORGAN Interim Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

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