DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01319/D Applicant: Bubble Limited Proposal: Installation of illuminated signage to Lord Street, Bank Hill and Rear Elevations (Rear Elevation visible from North/South Quay). Signage to be a combination of company logo and lettering Site Address: Clinch's House Lord Street Douglas Isle Of Man Planning Officer: Mr Hamish Laird Site Visit: 16.01.2024 Recommended Decision: Permitted Date of Recommendation: 01.02.2024

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. For the lighting and 'bubble' signs:

NO LIGHTING EFFECTS: There shall be no special effects (including changing colours, traffic signal light colours, flashing or strobe lighting effects) of any kind during the time that any wall lights and signs are on.

LUMINANCE LEVEL: At no time shall the Luminance level of the lighting and signs exceed the thresholds contained within the Institute of Lighting Professionals (ILP) guidance document GN09 - Domestic Exterior Lighting (or any subsequent amendment/replacement to this guidance) and the Institute of Lighting Professionals (ILP) guidance document PLG05 - The Brightness of Illuminated Advertisements (or any subsequent amendment/replacement to this guidance).

Reason: In the interests of visual amenity and highway safety.

• C 3. For the advertising display board on Lord Street/Bank Hill Frontage (if proposed as appears on the image):

MOVING IMAGES: There shall be no moving images or special effects (including noise, smell, smoke, animation, flashing, scrolling, three dimensional, intermittent or video elements) of any kind during the time that any message is displayed.

TRANSITION OF IMAGES: The interval between successive displays shall be instantaneous (0.1 seconds or less), the complete screen shall change, there shall be no visual effects (including fading, swiping or other animated transition methods) between successive displays and the display will include a mechanism to freeze the image in the event of a malfunction).

CYCLE TIME OF IMAGES: The display shall not change more than once every 10 seconds, the use of message sequencing for the same product is prohibited and the advertisements shall not include features or equipment which would allow interactive messages or advertisements to be displayed.

FAIL SAFE MECHANISM: The screen display shall be erected with a mechanism installed in order that, if the installation breaks down, it defaults to a blank black screen in order to avoid any flashing error messages or pixilation.

LIGHT SENSOR: The screen display panel shall at all times be fitted with a light sensor to adjust the brightness to changes in ambient light levels.

LUMINANCE LEVEL: At no time shall the Luminance level of the signs exceed the thresholds contained within the Institute of Lighting Professionals (ILP) guidance document PLG05 - The Brightness of Illuminated Advertisements (or any subsequent amendment/replacement to this guidance).

Reason: In the interests of visual amenity and highway safety. This application has been recommended for approval for the following reason.

It is considered that the application does not conflict with General Policy 2 and Environment Policy 37 and has no adverse impacts upon public or private amenities or on the character and appearance of the Conservation Area.

Plans/Drawings/Information;

The development shall be carried out in accordance with the following approved plans and documents:

Site Location Plan - Drawing Ref: P2070231009-01P - Scale 1:1250 Site Plan - Drawing Ref: P2070231009-02P - Scale 1:200 Lord Street and Bank Hill Elevations - Drawing Ref: P2070231009-09E- Scale 1:100 North Quay Elevations - Drawing Ref: P2070231009-10E - Scale 1:100 Bubble Limited Clinch's Court North Quay Signage Proposal - Document containing details and dimensions of signage* - Drawing Nos. 1 to 7 inclusive;

*The documents starred need to be read together. All stamped received and dated 9th November, 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site represents the curtilage of a Clinch's House, a large detached, 5 to 6-storey building, comprising residential apartments situated on the southern side of Lord Street, and to the west of Bank Hill close to the junction of Bank Hill and Athol Street, Douglas. To the east of the site is Douglas Railway Station and the Custom's House. To the south are shops, cafés and apartments, mostly 2-3 stories, fronting onto North Quay with an outlook over Douglas Marina. The exception being the 5-storey Manx stone structure 'Clinch's on the corner of Bank Hill and North Quay. Vehicular access is derived from North Quay via Clinch's Courtyard. THE PROPOSAL - 2.1 23/01319/D - Is the corresponding application for consent to display advertisements (PA23/01294/B) and proposes: "Installation of illuminated signage to Lord Street, Bank Hill and Rear Elevations (Rear Elevation visible from North/South Quay). Signage to be a combination of company logo and lettering." The same details accompany the planning application. The application list of documents advises:

• 1. Site Location Plan - dwg ref : P2070231009-01P - Scale 1:1250
• 2. Site Plan - dwg ref : P2070231009-02P - Scale 1:200
• 3. Elevations Page 1 with dimensions - dwg ref: P2070231009-07E - Scale 1:100
• 4. Elevations Page 2 with dimensions - dwg ref: P2070231009-08E - Scale 1:100
• 5. Signage proposal details and dimensions The proposed lighting would relate to the following:

• o 2 No. internally illuminated 'bubble' signs; and, 1 No. internally illuminated 'bubblelicious' sign; all coloured light blue, above each of the three pedestrian entrances on Lord Street, with the bubblelicious sign being located closest to the Corner of Lord Street/Bank Hill ;
• o the addition of 'edge' strip lighting on each of the 4 No. projecting elements on the Lord Street elevation;
• o the addition of 'edge' strip lighting on each of the 2 No. projecting elements on the east elevation facing onto Bank Hill;
• o 1 No. internally illuminated 'bubble' sign, coloured light blue, located on the corner turret at the corner of Lord Street/Bank Hill on the brickwork between the 3rd and 4th floors in this location;
• o 1 No. internally illuminated 'logo' sign, coloured light blue, located on the corner turret at roof level facing the corner of Lord Street/Bank Hill road junction on the brickwork between the 3rd and 4th floors in this location;
• o And the replacement of the pillar top lights on both the Lord Street and Bank Hill sides to the building with 'Orb' lights."
• o The addition of edge/strip lighting under the windows on both the Lord Street and Bank Hill elevations - see plans and elevation images for details.
• o The addition of an advertising display board on Lord Street/Bank Hill Frontage;

PLANNING POLICY

3.1 The site lies within an area designated in the Area Plan for the East (2013) Proposals Map 5 as being within the '4 St Georges' - Mixed Use proposals Area. The site lies within the Douglas (North Quay) Conservation Area as shown on the CA Map No. 1.

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 Due to the designation of the site and the nature of the application it is appropriate to consider the following polices of the Isle of Man Strategic Plan 2016:
• 3.4 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:

• (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;

3.5 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'.

3.6 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'. - 3.7 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'.

3.8 Environment Policy 38 states: 'Advertisements close to Conservation Areas must respect and preserve the character and appearance of the area to ensure that views into and out of such areas are protected'.

PLANNING HISTORY

4.1 The site is formerly known as Anglo International House and there are 23 records of previous planning and Advertisement Consents relating to the site and property. The site was previously occupied by Clinch's Brewery with various permissions in the late 1980's for part demolition a, construction and a conversion into a restaurant, shops and offices with associated car park (86/01074/A), and subsequently "Construction of office building, shops and showroom development and 4 flats," (PA86/01417/B); with "Provision of two additional residential units, one in top level of tower and one over service archway," (87/00251/B). More recent applications are:

• 20/00916/B for Demolition and erection of replacement roof plant room, installation of entrance canopies and installation of replacement windows and street level metal railings permitted - 7/10/2020.
• 20/00917/CON - Registered Building consent for the demolition of roof plant room (in connection with PA 20/00916/B) - permitted - 7/10/2020. The application site is shown on the xxx as being within an area designated as xxx.

REPRESENTATIONS

5.1 - Department of Transport Highways and Traffic Division (9/11/23) comments as follows:

Highways Comments: The proposal is acceptable in highway terms with its position and size unlikely to cause disruption or an obstruction to road users providing certain conditions should be attached to permission in interests of highway and public safety plus visual amenity as requested below. There is space to park for the erection, sign/lighting maintenance and eventual dismantling subject to traffic management on surrounding streets. It may be appropriate to restrict its operating times for amenity reasons as suggested below.

The proposal does not raise significant road safety or network functionality issues. Accordingly, no opposition is raised subject to the following conditions: For the lighting and 'bubble' signs: NO LIGHTING EFFECTS: There shall be no lighting or special effects (including changing colours, traffic signal light colours, flashing or strobe lighting effects) of any kind during the time that any wall lights and signs are on.

LUMINANCE LEVEL: At no time shall the Luminance level of the lighting and signs exceed the thresholds contained within the Institute of Lighting Professionals (ILP) guidance document GN09 - Domestic Exterior Lighting (or any subsequent amendment/replacement to this guidance) and the Institute of Lighting Professionals (ILP) guidance document PLG05 - The Brightness of Illuminated Advertisements (or any subsequent amendment/replacement to this guidance).

OPTIONAL: RESTRICTION ON HOURS: The display panel shall not be in operation outside opening hours of the building (if not 24 hours a day opening).

Recommendation: DNOC Code definition:- Do not oppose subject to condition.

5.2 23/01319/D - Douglas Borough Council (24/11/23): has no objections. - 5.3 23/01319/D - Department of Infrastructure, Public Transport, Bank's Circus (15/11/23)

• No objections.

5.4 23/01319/D - Department of Transport Highways and Traffic Division (9/11/23) comments as follows:

ASSESSMENT

6.1 The site lies within the Douglas North Quay Conservation Area and as such is within an area which is protected and subject to particular control. It is a located in a prominent corner position at the 4-way junction of Lord Street/Bank Hill/Athol Street/Peel Road. The Athol Street/Victoria Street Conservation Area (CA) boundary abuts the road junction to the north. The CA's are contiguous in this location. The Isle of Man Strategic Plan 2016, states, in respect of advertisements in built up areas at General Policy 6:

"General Policy 6 - 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 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; and
• c) are located so as to not cause a highway safety hazard"

6.2 In addition, given the position of the site within the CA, the SP provides the following lower case advice: "7.31 Advertisements in Conservation Areas - 7.31.1 Some advertisements found and proposed in Conservation Areas are inappropriate and do not reflect the special character and designation of the area. The design of advertisements should respect the physical appearance of the premises in order to integrate readily with its surroundings. Traditional details, hanging signs and hand painted signage are most appropriate and will be encouraged."

6.3 The provisions of SP Environment Policy 37 are of relevance. This reads:

"Environment Policy 37: 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."

6.4 In this case, the site is located in a very busy part of Douglas, close to a well-used vehicle cross roads and pedestrian crossing, close to the Railway Station, and North Quay; and, on an arterial traffic route in and out of Douglas. As such, the introduction of a bright, noticeable signs which are of a subtle, understated design reflective of the modern design and construction of the building to which they are proposed to be attached, and with 'Orb' lighting on the pillars at various entrances to the building on both road frontages, would not look out of place. The Digital Bill Board is proposed above the ground floor entrance door on the corner elevation of the building (Bank Hill/Lord St junction). Its size and location are considered to be appropriate for an information display board in this position on the site. It is further considered that they would enhance rather than detract from the character and appearance of the Conservation Area, whilst adding a modern dimension to the lighting on this modern building situated in a prominent location within the CA. - 6.5 Douglas Borough Council has raised no objections, and DoI Highways does not oppose the provision of illuminated advertisements as shown in these applications subject to conditions being imposed as outlined in their representations. The conditions by suggested by DoI Highways are considered to be relevant to the proposals in that they would prohibit the use of any special effects special effects (including changing colours, traffic signal light colours, flashing or strobe lighting, that may otherwise distract road users and pedestrians at this busy road junction with consequent implications for highway safety. Their imposition would restrict the use of such effects and should help to avoid any adverse impact on pedestrian and highway safety arising from the signage once operational. CONCLUSION - 6.6 As such, it is considered that the signage as propose by PA23/01319/D, is acceptable.

RECOMMENDATION

7.1 It is considered that the application does not conflict with General Policy 2 and Environment Policy 37 and has no adverse impacts upon public or private amenities or on the character and appearance of the Conservation Area. The application is, therefore, recommended for approval. INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013 (As Amended), the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• o The local authority in whose district the land the subject of the application is situated.
• o the Highways, Ports and Railways divisions of the Department of Infrastructure.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than those explicitly listed above) 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 : 08.02.2024 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.