109962

==== PAGE 1 ====

                                      18/00801/D                                     Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00801/D Applicant : MacFarlanes Restaurant Limited Proposal : Erection of illuminated signage and a retractable awning Site Address : 24 Duke Street Douglas Isle of Man IM1 2AY

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 07.09.2018 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

N 1. The applicant is advised that they are required to obtain a Section 69 highway licence (of the Highways Act 1986) prior to the commencement of any works for the development.

Reason: To ensure that the proposed awning would not illegally overhang the adopted highway beneath it.

Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 10, 11 and 12 all received on 1st August 2018.

__

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE SITE

==== PAGE 2 ====

                                      18/00801/D                                     Page  2  of  3

1.1 The application site is 24 Duke Street, Douglas which is a traditional mid terraced property location along the east side of Duke Street and south of the pedestrian crossing along Victoria Street.

2.0 THE PROPOSAL 2.1 The application seeks approval for the installation of illuminated signage and a retractable awning. The illuminated signage includes a projecting sign which would measure 0.7m x 0.4m. This would complement the existing main signage to the front façade of the building. Below this existing signage it is proposed to install a retractable awning, which would have a width of 5.3m and project 1.5m into the street and would cover the existing external seating area below.

3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

4.0 DEVELOPMENT PLAN POLICIES 4.1 The site is within the area covered by the Douglas Local Plan (1998) as "predominately Shopping Use". It is not within a Conservation Area. The Draft Area Plan for the East designates the site as Mixed Use - Stand Street and being along a "Primary retail frontage".

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains a number of policies that are considered specifically material to the assessment of this current planning application:

4.3 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."

5.0 CONSULTATIONS 5.1 Douglas Borough Council have no objection (04.09.2018).

5.2 Highway Services comment (07.09.2018): "The proposed signage and awning would be permanent and erected on the building frontage. The proposed signage would not distract motorists on the adjacent highway as the site is within the town centre pedestrianised area.

The proposed awning would be at least 2.5m in height above ground floor level which would allow pedestrians to walk beneath it without being struck by it. However, as it would project over the adopted highway a highway licence would be required, under Section 69 of the Highways Act 1986, to ensure it would not be an illegal obstruction of the public highway. This can be secured via a planning condition.

Highway Services does not oppose the application subject to a planning condition for the applicant to obtain a Section 69 highway licence (of the Highways Act 1986) prior to the commencement of any works for the development. Reason: to ensure that the proposed awning would not illegally overhang the adopted highway beneath it."

6.0 ASSESSMENT 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the individual property and street scene.

==== PAGE 3 ====

                                      18/00801/D                                     Page  3  of  3

6.2 It is considered that the proposed illuminated signs will have a minimal, if any, impact on the visual amenities of those using the locality given the siting, layout, scale, form, design of the proposal. There are a number of units within the vicinity that have similar signage details with a handful of units that have illuminated signage, including the existing signage on the property.

6.3 It is considered that the proposed signage would not result in a harmful impact on the existing building, when considered in its context. The materials of the proposed signage that would be used and the descriptions and design of the signage would relate well to the building.

6.4 The installation of the proposed signage is judged to be in keeping with the surrounding area and would therefore not result in a harmful impact on the character of Duke Street. The siting of the proposed signage is not deemed to cause a highway safety hazard.

6.5 Overall, it is concluded that the planning application is in accordance with General Policy 6 of the Isle of Man Strategic Plan 2016.

7.0 CONCLUSION 7.1 On the basis that the proposed development is considered to comply with the relevant policy of the Strategic Plan, a recommendation of approval is made.

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: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Persons to whom notice has been given under regulation 10(3)(a)(i) (d) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (e) The Highways Division of the Department; (f) The Ports Division of the Department; (g) The operator of the railway or tramway; and (h) The local authority in whose district the land the subject of the application is situated. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 10.09.2018

Determining officer

Signed : S BUTLER

Stephen Butler

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.