DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00824/D Applicant: Bittylicious (Isle Of Man) Ltd Proposal: Installation of illuminated and non illuminated signage Site Address: The Chapel Nursery Avenue Onchan Isle Of Man IM3 4HG Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.10.2022

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. This application has been recommended for approval for the following reason. The application complies with the Advertisement Regulations 2013 and General Policies 6 and 7 of the IOM Strategic Plan 2016 and is approved. Plans/Drawings/Information; This decision hereby approved relates to drawings and documents submitted to the Department titled:

APL Form DRG 01 Location Site and Existing and Proposed Elevations. Recorded as being electronically received by the Department on 04.07.22 _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that No.20 Nursery Avenue, Onchan, No.34 Alberta Drive, Onchan, No.31 Majestic Apartments, Onchan and No.10 Hauge Bank, Governors Road should not be given Interested Person Status as they are not considered to have sufficient interest in the subject

matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2). _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the former Chapel in the centre of Onchan which sits on the corner where Nursery Avenue meets the Main Road. Surrounding the property is a walled boundary which runs along the main road and Nursery Avenue. To the north end rear gable there is an area of off road car parking (11.5m x 5.2m), which joins the small service lane which runs between the chapel and No.1 Nursery Avenue providing access to the rear of the dwellings. - 1.2 The building is surrounded by a mix of uses which are typical for a village centre location with these uses including a library, commissioner's office, hairdresser and beauty salon, a Methodist church, youth club and playing fields and a number of residential properties. - 1.3 In the past the building has operated as an office under PA 08/01928/B. More recently the building has been operating as a performing arts studio under PA19/00403/C and a subsequent application 20/00446/C which was approved for additional community uses to allow occasional events such as car boot, antiques fairs and art exhibitions.

• 1.3.1 Most recently the application site has had the use converted to office space again 22/00118/C.
• 2.0 THE PROPOSAL

2.1 The current application seeks approval for the erection of advertisement in the form of one ground floor 120mm high black acrylic lettering to project 20mm from the wall to the east of the entrance door wording the company/business name. - 2.2 The application also proposes to install a hanging bracket sign on the south east (roadside) elevation. The size of the signage will be 500mm x 500mm x 100mm and will hang upward of the building at a maximum of 866mm on its bracket. The sign will be over lit with LED light fitting and again highlights the company name that is currently in use of the building.

- 3.0 PLANNING HISTORY

3.1 There are numerous planning applications in relation to this site mostly in regard to the change of the use of the building. The applications of most relevance that could be considered material in the determination of this application are as follows:

• 3.1.1 PA 22/00118/C - Change of use of building to an office (retrospective) - Permitted 01.03.2022
• 3.1.2 PA 20/00446/C - Additional use of Performing Arts Studio (class 4.4) as a Community facility (class 4.3) - Permitted 29.10.2020
• 3.1.3 PA 19/00403/C - Change of use of former chapel from office space to performing arts studio - 04.07.2019
• 3.1.4 PA 09/01481/B - Change of use from existing theatre/stage school to a pre-school day nursery - Permitted 28.10.2009
• 3.1.5 PA 09/00778/B - Conversion from theatre / stage school to day nursery - Permitted 13.07.2009

• 3.1.6 PA 08/01928/B - Conversion of former chapel to create offices - Permitted 30.01.22
• 3.1.7 PA 87/00981/C - Change of use from former Methodist Chapel to Theatre School Studio, Onchan Methodist Church, Main Road, Onchan - Permitted 17.07.1997

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is located within an area designated as being in an area of "Mixed Use" use under The Area Plan for the East 2020. The application site is not within a Conservation Area.

4.2 The Control of Advertisements Regulations 2013 makes 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. - 4.3 In addition to The Control of Advertisements Regulations 2013 we may also consider General Policies 6 and 7 of the Isle of Man Strategic Plan 2016 which state:

• 4.3.1 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 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."

• 4.3.2 General Policy 7: 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.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Onchan Commissioners - "…Would recommend that the application be APPROVED for planning purposes only." (24.08.22).

5.2 Department of Infrastructure Highway Services - Do not oppose - "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking" (27.07.2022) - 5.3 Comments from local residents have been received and concerns are raised below:

• 5.3.1 20 Nursery Avenue 19.08.22 - The owners/occupiers of this property have stated that 'the proposed illuminated signage is inappropriate for a predominantly residential area, and is not in keeping with surrounding properties. A smaller, non-illuminated sign that does not protrude from the building should be more than adequate for an administrative office - this proposal is advertising posing as building signage. There is no indication in the proposal of when the lights will be switched on, and this may cause a light disturbance to neighbouring properties…' - located 42m from building

• 5.3.2 34 Alberta Drive 19.08.22 - The owners of this property have wholly objected to this application stating that they 'object to installing electronic signs in Onchan unless they are on the grounds of traffic control or safety…' - located 415m from building
• 5.3.3 31 Majestic Apartments, King Edward Road 20.08.22 - The owners/occupiers of this property have stated 'Illuminated signage especially protruding from a building of this significance or any other building, has no place in Onchan which is mainly residential…' located 1000m from building
• 5.3.4 4 Hague Bank 24.08.22 - The owners/occupiers of this property have stated that the proposed signage is 'totally out of proportion to what is required' - located 565m from building.

- 6.0 ASSESSMENT

6.1 In regard to the above objections, it is noted that the building is not in an area zoned as predominantly residential, and falls under and area of 'mixed use' on the Area Plan for the East 2020 of which a number of business properties lie within all of which have advertisements in relation to the use of the building so it would not be out of keeping with the area. Further, these same business have illuminate signage of similar or larger which do not adversely affect this area. The illuminated signage proposed is small in scale with a traditional method of lighting (trough) which shines down at the projecting sign. A projecting illuminated sign existed previously (albeit without planning permission) when the building was used as an office, and this raise no concerns.

• 6.1.2 The Department of Infrastructure Highways Division have stated - 'After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality…' and do not oppose to this application, which raises no concerns in terms of distractions or highway safety on and these grounds the advertisement is deemed acceptable.
• 6.1.3 Further an application for Kestrel Insurance was approved at appeal (12/00414/B) which proposed a larger illuminated signage where the Inspector commented;

"Kestrel Insurance's Offices are in a prominent location within a busy stretchy of Main Road. Despite the houses on the opposite side of the road, to my mind the number of shops and offices, together with the Total garage, given this part of Onchan a low-key commercial character."

And

"…I am therefore satisfied that the proposed signage would not have a materially adverse effect on the character and appearance of the surrounding built-up area, in accordance with the relevant criteria of the IOMSP's General Policy 6."

• 6.1.4 While this site is arguable at the other end of the "commercial" area of Onchan, there are a number of business/library, takeaways, CoOp, hair dressers and Onchan Commissioners Officer, offices and a nursery, which do form and continue through the "commercial" feel along Main Road, hence the mixed use designation. It is considered the Inspector Comments are relevant to this application. It should also be noted there is street lighting in the immediate vicinity which will further reduce the visual impact (when they are on).

- 7.0 CONCLUSION

7.1 The application is considered to comply with the Advertisement Regulations 2013 and General Policies 6 and 7 of the IOM Strategic Plan 2016. - 8.0 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 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: 12.10.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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