Planning Officer Report

Planning Officer Report And Recommendations {{table:25844}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE

The Site

1. The application site is the curtilage of numbers 70 and 72, Buck Road. The application site is a retail unit located roughly midway along a terrace of 3-storey properties between the junctions with Mona Street and Christian Road. The terrace has retail and service uses at ground floor level, with a similar mix of uses along the adjacent terraces to the south of Mona Street and to the north of Christian Road. The ground floor units in these terraces are typically single units with frontages of the order of 6m in width.

1. The application site is located in an area zoned as "Predominantly Residential" within the Douglas Local Plan 1998.

1. The existing shopfront has been constructed without the benefit of a planning approval. There is a planning approval (09/00505/B) for a new shopfront; which can be implemented. The existing shopfront deviates from the approved scheme as follows:

i) Shop front windows blocked up with uPVC panels, which are now being used to display advertisements. The approved plans indicated the windows are meant to be windows with engraved signage.

ii) The construction of a block wall behind the panels. iii) Full width fascia board erected across both shop units. iv) The gap between the units on numbers 70 and 72 should be 250mm. Instead the gap between the units is 130mm. v) The shop front of No.72 should be abutting No74 Buck Road; however, there is a 120mm gap to accommodate a downpipe. vi) The size and design of the windows are completely different to the approved windows in permission 09/00505/B. vii) The entrance door into the shop is located in the wrong position within the shop front.

viii) 2 CCTV cameras have been installed on the fascia sign

Proposed Development

1. The application is seeking planning permission for the retention of an existing shop front in a modified form.

1. The proposed modifications to the shopfront are as follows:

i) Replace the uPVC panels with glass panes; and ii) Separate the fascia into two fascias. It should be noted any advertisements to be displayed on the new fascia would be subject of a separate application under The Control of Advertisement Regulations 2005.

Planning Status And Relevant Policies

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2

1. General Policy 2 states that "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."

Planning History

1. There have been a number of previous planning applications on the site; however the following are considered material in the assessment of the application:

12/00329/D – Continued display of externally illuminated fascia sign and the display of illuminated display panels showing services offered and opening hours (retrospective) – refused at appeal on the 11th October 2012.

The reasons for refusal were, as follows:

1) The proposal is contrary to General Policy 6(b) of the Isle of Man Strategic Plan 2007 in that the development, if approved, is not in keeping with, and would detract from, the surrounding area.

2) The proposal, in particular the fascia sign, is contrary to General Policy 6(a) of the Isle of Man Strategic Plan 2007 in that, if approved, it would not relate well to the building and site on which it would be displayed.

09/00505/B – Shop front amendments and revised rear section – granted on 15th May 2009

08/01909/B – Installation of replacement shop fronts – refused on 24th December 2008. The reason for reason was as follows:

“The proposed development would be contrary to General Policy 2 of the Isle of Man Strategic Plan 2007 by reason of its form and design in that the proposed alterations would create a solid shopfront into the terrace which would be visual intrusive and be detrimental to the visual amenity of the locality.”

08/00794/B – Alterations, erection of extension and conversion of existing living accommodation into an apartment – Granted on 26th May 2008

Representations

1. Douglas Corporation and the Highways Division of the Department have not commented on the application.

Assessment

1. This application is a result of an enforcement investigation into the construction of an unauthorised shop front and the display of unauthorised illuminated signage

1. This application proposes to address the issues of the shop front. The applicants are proposing to retain the shop albeit with a couple of modifications which are:

1) to remove the uPVC panel from the window frames and set the panels back by 100mm behind new glass panes to be installed in the window frames; and

2) Separate the fascia into two fascias. It should be noted any advertisements to be displayed on the new fascia would be subject of a separate application under The Control of Advertisement Regulations 2005.

1. In respect of the proposed modification to the fascia, the applicants are proposing to introduce 300mm gap between the fascias of No.70 and 72 Buck Road. The general character of the street in this location is for each building to have a separate shop front with a fascia sign. This current proposal is similar in nature to a planning permission for replacement shop fronts for each of the units, which included space for a fascia sign. The shop fronts were to be physically separated from each other so as not to give the appearance of one large shop front spanning across the two buildings and to replicate the previous separation between numbers 70 and 72 Bucks Road.

1. The proposed modification would give the appearance of two separate shop fronts. It is considered the proposed modification to the fascias would not be out of character with the area and would not harm the visual amenities of the locality. It is considered this part of the proposal would address the Planning Authority’s concerns about the fascia.

1. Putting this issue to one side, it is now necessary to consider the proposed modifications to the uPVC panels. The installation of glass into the window frames would be a

move in the right direction in improving the appearance of the shopfront; however, the downside of this element of the proposal is that it will allow views on a block wall, which was built as part of the shopfront. The application does not show any detail what could be displayed in the shop window or the block wall

1. Officers have sought some clarification from the applicant on what would be placed within the shop window. They have advised that they wish to place a decorated finish to the face of the wall that is visible from the outside. This will be in the form of a mural, possibly depicting the internal view of a Victorian Grocers including elements that advertise the goods and services offered inside the shop.

1. This proposal would not allow views into the retail area through the windows of No. 72 Bucks Road; however, the application is proposing to allow views into the shop through the windows of No.70 Bucks Road.

1. In considering the above proposal, it is important to note the comments of the Independent Inspector in relation to the reposition of the existing advertisement panels behind glazed windows and the restricted views into the retail area of the shop. He stated that:

"I noted that there are other retail and commercial premises in the relevant terraces where it is not possible to see into the interior of the units, or where views into the interior are restricted. Consequently, the fact that the proposal to place advertisement panels inside the proposed shop windows would preclude or limit views into the interior of this shop is not in my view one to which significant weight should be attached. The provision of glazed windows with advertisement panels some 100mm behind the glass on most of the frontage, and of shop windows allowing views of the interior on the rest of the frontage, would generally accord with the characteristics of the existing street scene and of the locality. However, that does not override the harm I have identified with respect to the fascia site."

1. If the applicants decide to display a mural, which may also need advertisement consent, or an advertisement, after obtaining a consent, on the face of the block work, it would a similar to the relocation of the uPVC panel in application number 12/00329/D. The comments of the Independent Planning Inspector are therefore applicable in the determination of this current application. This proposal will allow views into the interior of the shop through a number of windows; while the rest of the frontage would not allow views into the interior of the shop. An Inspector considered this arrangement would generally accord with the characteristics of the existing street scene and the locality.

1. However, if the applicants do not display a mural or any advertisements on the back of the wall, the views from the outside would be onto a block wall, which would be visually unattractive and would be detrimental to the visual amenities of the locality.

1. This is a finely balanced case; however, it is considered a condition could be attached to an approval requiring a non-illuminated mural to be displayed in shop front of No 72 Bucks Road or any advertisements granted consent under the Control of Advertisement Regulations 2005.

Recommendation

1. It is recommended the application be granted subject to conditions in the attached schedule.

Party Status

1. The local authority (Douglas Borough Council) 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.

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

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.03.2013

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 permission relates to the retention of the existing shop front in a modified form as shown in drawings 4368/S1, 4368/P1 Rev B and 4368/P2 Rev B date stamped 29th November 2012.

C 3. The block wall behind the shop windows contained in the shop front of No.72 Bucks Road must display a non-illuminated mural or any advertisements granted consent under the Control of Advertisement Regulations 2005.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : A Committee Meeting Date : 25/3/13

Signed: [Signature]

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO