Officer Report 12/00414/B

Case Officer: Mr Jamie Leadbeater Photo Taken: Site Visit: 03.05.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the curtilage of a professional services building on Main Road, Onchan. The property is set back from the edge of the main highway running through Onchan town centre by virtue of a pavement. The front elevation overlooks the highway and looks across the road to a Victorian terrace of dwellings beyond it.

The Proposal

1. Proposed is the erection of illuminated red lettering signage to front elevation of a two storey office building on Main Road that runs through Onchan town centre. The signage will read 'Kestrel Insurance Tel: 620492'. The applicant seeks to have the signage illuminated between the hours of 8am and 9pm on every day of the week.

Planning History

1. The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:

09/00348/D – Erection of illuminated signage – Approved.

Planning Policy

1. The application site falls within a parcel of land designated for Mixed Use purposes incorporating Office, Residential, and/or Retail use in the Onchan Local Plan 2000. There are no policies within Planning Circular 1/2000, the written statement that accompanies the local plan, which are considered specifically material to the assessment of the planning application.

1. The Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application. General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

Application No.:	12/00414/B
Applicant:	Kestrel Insurance Ltd
Proposal:	Installation of illuminated signage
Site Address:	8 - 12 Main Road Onchan Isle Of Man IM3 1AS

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (g) does not affect adversely the amenity of local residents or the character of the locality".

General Policy 6 states:

"Within our towns and villages, the display of external advertisements will be permitted on the site or building to which they relate provided they:

• (a) are of a high standard of design and materials and relate well to the building and site on which they are to be displayed;
• (b) are in keeping with and do not detract from the surrounding area; and
• (c) are located so as not to cause a highway safety hazard".

General Policy 7 states:

"Within our towns and villages, the display of external advertisements on sites or buildings other than those to which they relate will not generally be permitted".

Representations

1. Onchan District Commissioners has recommended that the application be approved, subject to the signage being illuminated until 9pm.

1. The occupant of 9 Main Road, Onchan, objects to the proposal on the following grounds:

• The proposed illuminated signage would not be in keeping with the existing local business signage within Onchan Village;
• The area is principally residential in nature with existing businesses having limited impact on the quiet enjoyment of residential living within a small village community;
• The occupant fail to see the benefit of the illumination of the signage outside of normal business hours;
• The nearby garage, on the same side of the road as the occupant's dwelling, is not obtrusive as it has limited external illumination despite the nature and size of the business;
• If planning approval is granted, there is a risk that other businesses would have to compete with increased signage, which would further impact negatively on the character of the village; and,
• The character and keeping of the village does not warrant an illuminated signage within a predominantly residential area.

1. The occupant of 7 Main Road, Onchan, objects to the proposal on the following grounds:

• The primary objection is that the proposed signage would be directly opposite the occupant's property and would subsequently cause light pollution to the occupants property and adjoining residential properties during the hours from sunset to sunrise – it is recognised this will have a greater effect during the winter than the winter;
• None of the nearby commercial premises around the roundabout at the top of Summer Hill make use of illuminated signage, specifically Eric Fargher Limited and Stewart Clague Services;
• Some establishments within might have internal illuminations within their window displays but none of them use external, illuminated signs;

• The occupant is concerned that allowing one such sign to be erected will set a precedent for other commercial operations nearby and that this will lead to further impact on the occupant's property and surrounding residential properties;
• The occupant accepts that the petrol station nearby does illuminate the forecourt, for obvious reasons, but this is primarily restricted to the area which has a canopy over it and therefore the light is largely directed downward and not out towards residential properties; and,
• The occupant has no desire to discourage local businesses and accept adequate lighting during the hours of operation of a business is a must for any commercial venture, but for the benefit of the resident and other residents, a balance must be struck to avoid light pollution outside of business hours.

1. The Highways Division recommends approval as the proposal is not considered to have any adverse traffic management, parking or road safety implications.

Assessment

1. The principle of siting illuminated signage on the application site has already been permitted in previous application 09/00348/D. The previous approval comprised of a condition which restricted the use of illumination from 8am to 9pm in the interest of general amenity. Consequently, it is considered both the illumination element and the times of operation are considered material considerations for this current application.

1. The current proposal in terms of scale is substantially smaller in size, which also includes the applicant's telephone number, which was not included in the previously approved proposal. From comparing the technical figures for the previous proposal and the current proposal, it is depicted that the current proposal would have less light intensity, and subsequently a reduced visual impact on neighbouring properties.

1. In design terms, the proposed signage is considered to be of an appropriate scale and content, which is proportionate to the application property and is relevant to the use of the building. The general design of the lettering is considered to be of a high standard, however, it is recognised that the internal illumination element is concerning to the neighbouring residents directly across the road.

1. Whilst it is recognised that no objections were raised to the previously approved application - whereas this application has two separate objections - it is not considered that the context of the immediate area has substantially changed and subsequently it would be unreasonable to refuse the application based upon impact on residential amenity. The application site is designated for mixed use in land use terms in the Onchan Local Plan, and taking into account the illuminated signage in the garage forecourt on the opposite site of the road, it is considered unreasonable to consider that the proposal is a departure from the Onchan Local Plan and Isle of Man Strategic Plan 2007. Furthermore, given that the Highways Division and local authority have recommended approval, it is clear the proposal does not adversely affect the function of the adjoining highway and is not detrimental to the economic vitality and viability of Onchan village centre.

1. Overall, it is considered the precedent for the illumination element was set by the approval of previous planning application. Taking into account that the current proposal is substantially smaller in scale and omit a lower level of light output, and having taken into account the mixed representations, on balance, it would be unreasonable to refuse the application. Subsequently, it is considered that the operating hours for the illuminated signage would be restricted to the reasonable hours of between 8am and 9pm Monday to Friday to ensure the viability of commercial needs is balanced with seeking to retain adequate levels of general amenity for neighbouring residents.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Onchan District Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

Occupants of 7 and 9 Main Road, are, by virtue of the Town and Country Planning (Development Procedure) Order 2006, paragraph 2 (1) (C), considered 'interested persons' and should be afforded 'party status'.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 18.05.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of a illuminated signage as shown in drawing no. AT 1142.1 and AT 1142.2, both received on 16 March 2012.

C 3. In the interest of general amenity to neighbouring residential properties, the signage may only be illuminated between 0800hrs and 2100hrs Monday to Friday inclusive.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 22.5.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager