DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00195/D Applicant: Mr Gustav Modin Proposal: Replace existing illuminated external shop signs with illuminated letters and logo sign above door Site Address: 50 Broadway And 4 Victoria Road Douglas Isle Of Man IM2 4EW Principal Planner: Mr Chris Balmer Recommended Decision: Permitted Date of Recommendation: 02.04.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice. Reason: To avoid the accumulation of unimplemented advertisement consents.
• C 2. There shall be no flashing, strobe lighting effects nor any green or red lighting effects to the signage hereby approved (due to being behind traffic signals). Reason: In the interests of amenity and road safety

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

The application is recommended for approval as it is considered the proposed signage would not harm the character of the area/Conservation Area or the highway network or public or private amenities and would comply with General Policy 2, General Policy 6, General Policy 7, Environment Policy 35 & 37, Section 18(4) of the Town and Country Planning Act) and Regulation 5(3) of the Town and Country Planning and subject to the appropriate worded condition.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 04.03.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is within the curtilage of 50 Broadway and 4 Victoria Road, which is a single storey properties situated upon a corner plot where Victoria Road meets Ballaquayle Road meets Glen Falcon Road meets Broadway. - 1.2 Due to the topography of the site, the property is situated within three parts going upwards West to East. The site was previously two separate takeaway places and has a rundown appearance to the exterior.

2.0 THE PROPOSAL - 2.1 The application seeks approval for replace existing illuminated external shop signs with illuminated letters and logo sign above door. The letter would be individual stuck illuminated lit. The business logo would also be illuminated. The signs would replace the existing box lightening signage of the previous business/s.

- 3.0 PLANNING POLICY

3.1 The site lies within an area of "Mixed Use" on the Area Plan for the East, Map 4 Douglas. The site is situated within a Conservation Area but not a Flood Risk Zone. - 3.2 The Control of Advertisements Regulations 2013 make it clear that the only considerations which can be applied to applications made under them are in the interests of amenity and public safety. In the case of amenity, such things as the general characteristics of the area need to be taken into account along with the presence of any features of historic, architectural, cultural or similar interest and the public safety should consider the safety of any person using a road, railway, tramway, harbour or aerodrome including the obscuration of any traffic sign or similar. - 3.3 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.4 Paragraph 6.6.2 (Advertisements) of the Strategic Plan notes that well designed and sensitively sited advertisements can contribute positively to the character of a building or area and can help the public, whilst those which are too bright, over large or poorly sited may endanger highway safety by distraction and may, individually or cumulatively, detract from amenity by intrusion, clutter, visual confusion or by masking features of interest. - 3.5 General Policy 6 states that "Within our town 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 material 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;
• (c) are located so as not to cause highway safety hazard."

3.6 General Policy 7 states that "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." - 3.7 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.8 Environment Policy 37 states: "As a general policy, advertisements within Conservation Areas will be permitted only if:

• i) the proposal preserves or enhances the Conservation Area;
• ii) the signage is in a style appropriate to the character of the area;
• iii) traditional materials and finishes are used and glossy and highly reflective materials are excluded from proposals; and
• iv) internally illuminated box fascia and projecting box signs are excluded from the proposals."

3.9 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 3.10 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 3.11 Also relevant to the assessment of this application is Planning Circular 7/98 - Shopfronts, which provides general principles to follow for the installation of new shop fronts. - 3.12 Regulation 5(3) of the Town and Country Planning (Control of Advertisements) Regulations 2013 reads as follows: "Unless it appears to the Department to be required in the interests of amenity or public safety, an express consent for the display of advertisements must not contain any limitation or restriction relating to the subject matter, content or design of what is to be displayed".

- 4.0 PLANNING HISTORY

4.1 The following application is considered relevant in the determination of this application; - 4.2 Replacement of plywood facade with treated wood cladding; replacement of external doors; installation of stone cladding below windows - APPROVED - 24/00053/B

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council do not object (15.03.2024). - 5.2 Highways Services have commented (11.03.2024); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing the signs do not have illumination that flashes, nor provides strobe lighting effects, nor has green or red lighting effects (due to being behind traffic signals) - this should be conditioned on permission."

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• (i) the principle of the signage (GP6a) & (GP7);
• (ii) visual impact on the character of the area/ Conservation Area (GP6b, Gp2bc & EP35, 37 and 18(4) of the Town and Country Planning Act);
• (iii) impact on highways (Gp6c & Gp2h); and
• (iv) potential impact upon neighbouring amenities (Gp2g).

• (i) the principle of the signage

6.2 The Strategic Plan is explicitly clear through its policies (GP6&7) in how it expects applications for advertisements to be considered. In that those adverts should relate to the specific uses of the building to which they are attached. Advertisements that are not related to the land or building to which they are generally attached are considered not acceptable. The rationale is to prevent an unwarranted proliferation of adverts that could compromise the appearance and attractiveness of the town and villages. However, these policies can only be applied within the parameters of the legislation as noted above and so are limited to impacts in terms of amenity and public safety. - 6.3 However, on the basis of the signage is in connection with the approved use of the sites it is considered the proposal would comply with General Policy 6(a) and GP7.

• (ii) visual impact of the proposed signage/impact on Conservation Area

6.4 As outlined GP6b, Gp2bc & EP35, 37 and Section 18(4) of the Town and Country Planning Act) all required consideration. Overall, the design and size of the signage is such that the proposal would be appropriate and a significant improvement over the previously approved box signage which would not have been permitted now.

• (iii) Impact on highways

6.5 The main aspect to this proposal is of safety of the users of the highways. It is noted that Highway Services do not object to the application nor do they consider the proposed signage and media is hazardous to the use of the highway. On this basis and as there is no objection from highways, it is considered the proposal would comply with General Policy 6(c) & Gp2h and Regulation 5(3) of the Town and Country Planning and would not cause a highway safety hazard.

• (iv) Potential impact upon neighbouring amenities

6.6 Give the signage size, location away from neighbouring properties, existing street lighting and traffic lights it is not consider the proposal would have any significant adverse impact upon - 6.7 Overall, it is considered the proposal would comply with General Policy Gp2g and not have a significant adverse impacts upon neighbouring residential amenities.

- 7.0 CONCLUSION

7.1 For the above reasons, the application is recommended for approval as it is considered the proposed signage would not harm the character of the area/Conservation Area or the

• highway network or public or private amenities and would comply with General Policy 2, General Policy 6, General Policy 7, Environment Policy 35 & 37, Section 18(4) of the Town and Country Planning Act) and Regulation 5(3) of the Town and Country Planning and subject to the appropriate worded condition.
• 7.2 it is recommend the application is approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Persons to whom notice has been given under regulation 10(3)(a)(i)
• (d) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (e) The Highways Division of the Department;
• (f) The Ports Division of the Department;
• (g) The operator of the railway or tramway; and
• (h) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 02.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.