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Please reply to the signatory Our Ref: 14/01058/D Your Ref:
Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN.
Tel: (01624) 685910 Fax: (01624) 686443 Email: [email protected] Director of Planning & Building Control Michael Gallagher, M.R.T.P.I. 3rd November 2014
Dear Mr Johnstone
Application No: 14/01058/D Proposal: Erection of advertising signage on fabric barriers with posts around proposed outside seating area Address: 6 Marina Road Douglas Isle Of Man IM1 2HE
Please find attached a statement from Planning and Building Control. The application site is either owned and maintained by the Department of Infrastructure, of which Planning and Building Control is part, or is one in which the Department may hold a 'perceived interest'. Accordingly, under Section 10(1)(b) of the Town and Country Planning (Development Procedure)(No2) Order 2013 the application cannot be considered by the Planning Committee but will be referred to the Council of Ministers.
The Officer's statement will advise Council of the policy and status and assist in the drafting of any conditions and reasons to attach to any approval that may be forthcoming.
Yours sincerely,
Reiltys Ellen Vannin
Erection of advertising signage on fabric barriers with posts around proposed outside seating area
6 Marina Road Douglas Isle Of Man IM1 2HE
PA Reference 14/01058/D
Statement prepared on behalf of DOI Planning and Building Control by Planning Officer: Mr Edmond Riley
0.1 The aim of this statement is to provide background information to this Application for Express Consent and set out an assessment of the proposal against the relevant Development Plan policies.
0.2 The site is owned by the Department of Infrastructure, of which the Planning Authority is part. As such, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers as set out in paragraph 10(1)(b) of the Town and Country Planning (Development Procedure)(No 2) Order 2013.
0.3 The Department has no other interest in the proposal.
1.1 The application site is an area of pedestrianised highway to the front of, as well as the curtilage of, 6 Marina Road, Douglas, which is a four-storey, mid-terrace building with a takeaway business ("Star Grill and Pizza") operating at the ground floor. The building also has accommodation within the roofspace. It is not known what uses the floors above the takeaway unit are given over to. 6 Marina Road adjoins 59 Loch Promenade to the east in a back-to-back fashion.
1.2 At the ground floor, the unit is dominated by the powder blue colouration that surrounds the doors and windows. The single front door is set slightly off-centre to the unit, which to its right and left has one and two arch-headed window frames respectively. Below these window frames is decorative beading within the stall risers.
1.3 The built environment in the immediate area is characterised by a variety of uses, architectural styles and finishings.
2.1 Advertisement consent is sought for the erection of advertising signage on fabric barriers with posts around a proposed seating area. Separate planning approval has been sought for the change of use to the land around which the banners are proposed to sit.
2.2 The proposed banners would be constructed of fabric connected to stainless steel removable posts, which the plans indicate would be a minimum of 1m in height. The banners would carry the logo of the takeaway business, which comprises red and yellow lettering. No colour for the banner background is shown. The banners would be outside of the Conservation Area, although the building from which Star Grill and Pizza operates from sits within the Conservation Area.
3.1 The application site has been the subject of several previous planning applications, two of which are considered to be specifically material in the assessment of the current application. PA 96/01639/B sought and gained full planning approval for the conversion of the unit from a shop to a café with takeaway facilities. Subsequently, PA 98/00871/B sought and gained full planning approval for later opening hours by way of varying a condition attached to PA 96/01639/B.
3.2 As noted, planning application 14/01057/B has been submitted alongside this application for: "creation of outdoor seating area". That application was originally submitted for "replacement of existing shop front with folding glazed doors and creation of outdoor seating area" but, following concern raised by the Department in respect of the proposed replacement shopfront, that part of the proposal was removed and the application re-advertised accordingly; it remains undetermined.
4.1 The application site is in an area zoned as "Predominantly Shopping" identified on the Douglas Local Plan 1998. No written statement accompanies the Douglas Local Plan.
4.2 In terms of Strategic Plan, two policies are considered relevant. General Policy 6 reads in full: "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."
4.3 Environment Policy 37 reads in full: "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."
4.4 Environment Policy 37 provides greater protection than General Policy 6 in respect of advertisement, and so it is perhaps the more important policy to reflect upon, but it is appropriate to remain aware of the provisions of General Policy 6.
5.1 Douglas Borough Council offers no objection to the application in a letter date-stamped as having been received 17th September 2014.
5.2 Highway Services offer no objection to the application in an email received by the Department 17th September 2014, subject to the following condition: "The outside seating area must be completely contained within the demarcated area by an approved barrier". They substantiate the need for this condition by identifying that "Marina Road is pedestrianised, therefore a minimum unobstructed corridor of 4 metres must be kept clear. At corners/junctions this width will need to be increased in order to allow for the turning fire appliances (4.5 minimum)".
5.3 The Manx Utilities Authority, in a letter received by the Department 3rd October 2014, state: "Please note Manx Utilities requires 24 hours unrestricted access to the cables in the public highway and Manx Utilities will not be liable for any loss of income caused to the applicant as a result of its statutory works".
5.4 No representatives updated their comments following the second consultation period.
6.1 The advertising proposed for display would reflect the name, logo and corporate colours of the takeaway restaurant. Other advertisements are displayed along Marina Road in respect of businesses here, and the general character of these advertisements matches that currently proposed.
6.2 Banners are a relatively commonplace method for displaying advertisements surrounding outdoor seating areas, and there is one such example nearby at 2 Marina Road. In this sense, it is considered that the proposal would satisfactorily preserve the character and appearance of the Conservation Area.
6.3 The materials proposed are similarly commonplace and not considered inappropriate; stainless steel and fabric, while perhaps not reflective of original features common to Douglas' main shopping street, are traditional and appropriate within a varied streetscent that itself retains many traditional features, especially in terms of the form of the shopfronts.
6.4 In this sense the proposal would have limited effect on the streetscent and therefore would satisfactorily preserve both the character and appearance of the Conservation Area as required by Environment Policy 37.
6.5 The condition requested by Highway Services is, while more for the avoidance of doubt as the banners' positions would enable such a width to be provided in any case, considered appropriate.
7.1 On no ground does the proposal conflict with the strict requirements of Environment Policy 37 and, as such, it is recommended that express consent be granted.
8.1 In line with regulation 11(4) of the Control of Advert Regulations 2005, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with regulation 11(3) of the Control of Advert Regulations 2005, the following Persons who have made representations to the application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
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.
The outside seating area must be completely contained within the demarcated area by the approved banners, and retained as such during the hours when the outside seating area is permitted to be used as such.
Reason: in the interest of protecting highway safety.
It is also recommended that reference be made to the approved plans, using the following terminology:
"The consent hereby issued relates to the plan carrying the reference number 2014/20 01, date-stamped as having been received 5th September 2014."
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