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Application No.: 21/00916/D Applicant: Dentim Ltd Proposal: Installation of signage Site Address: Shop 7 Clinches Court Douglas Isle Of Man IM1 4LH Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.09.2021 _________________________________________________________________
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. This application has been recommended for approval for the following reason.
The proposal complies with Section 18 of the Town and Country Planning Act 1999, as well as General Policy 2, Strategic Policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the Conservation Area is being protected and preserved. Although the materials are not traditional, as required by Environment Policy 37, it is considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area. It is therefore judged to be acceptable.
Plans/Drawings/Information; This decision relates to drawings 100, 101 and 102, together with the other information received on 4.8.2021. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.1 The site is Unit 7 Clinches Court, a commercial unit with recent approval for use as a dental practice. The unit forms part of the mixed use clinches court development dating from the late 1980s. Whilst the development features a variety of forms and finishes, unit 7 is a two storey property with a slate pitched roof, exposed slate wall finish and a ground level shop front framed in painted timber and including a timber signage panel above.
2.0 THE PROPOSAL - 2.1 The application proposes to install non illuminated signage on the existing panel above the unit front, with individual acrylic letters forming the dental practice name and a two tone acrylic emblem above.
3.0 PLANNING POLICY - 3.1 The site lies within the area designated on the Area Plan for the East 2020 as The Quayside Mixed Use Area and within the Douglas North Quay Conservation Area where Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area. The site is in a High Risk Flood Zone (River and Tidal). - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas
(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: 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:
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
Environment Policy 37: As a general policy, advertisements within Conservation Areas will be permitted only if:
Section 5 (1) The Department must exercise its powers under these Regulations only in the interests of amenity and public safety, taking account of any material factors, and in particular —
4.0 PLANNING HISTORY - 4.1 Application 86/01417/B permitted the construction of office building, shops and showroom development and 4 flats, Clinches Brewery, North Quay/Lord Street/Bank Hill, Douglas. - 4.2 Since its construction, unit 7 has had various applications in respect of changes of use. Most recently, application 21/00043/C permitted the change of use of the unit to a dental practice, the signage for which is the subject of this application.
5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division has stated that they do not oppose the application. They do, however, advise that a licence may be necessary for the positioning of equipment and materials in the highway (26.8.2021). - 5.2 Douglas Borough Council have stated that they have no objections to the application (01.09.2021).
6.0 ASSESSMENT - 6.1 The pertinent issue with regard to this application is the impact that the proposed signage would have on the amenity and public safety of the area. - 6.2 With regard to the impact on amenity, the design of the proposed signage is judged to be of a scale and form that is appropriate for the premises. It is judged that the proposed signage would not affect adversely the character of the surrounding townscape, and would protect the setting of the Conservation Area. - 6.3 Whilst Environment Policy 37 requires the use of traditional materials for advertisements within a Conservation Area, in this instance the use of acrylic is judged to be acceptable as the material is not judged to be highly reflective or overly glossy. - 6.4 With regard to public safety, the position, size and form of the proposed signage is judged to be in a manner that does not compromise the safety of users of the road and pavement, and is not likely to obscure any road signage. The Highways Division agree with this assessment in their representation. - 6.5 Whilst the site lies within an area at high risk of flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.
7.0 CONCLUSION - 7.1 It is concluded that the proposal complies with Section 18 of the Town and Country Planning Act 1999, as well as General Policy 2, Strategic Policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the Conservation Area is being protected and preserved. Although the materials are not traditional, as required by Environment Policy 37, it is considered appropriate in this case given the context of the site and that the general impact would be to preserve the character and appearance of the area. It is therefore recommended that the application be approved.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013, the following persons are automatically interested persons:
8.2 In addition to those above, the Regulation 11(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
I can confirm that this decision has been made by a Principal Planner 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: 08.09.2021 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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