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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01285/D Applicant : Mr Alan Capon & Mrs Shang Chen Proposal : Installation of illuminated signage (retrospective) Site Address : Athol Park Guest House Athol Park Port Erin Isle Of Man IM9 6EX
Principal Planner: Miss S E Corlett Photo Taken : 02.12.2019 Site Visit : 02.12.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 23.12.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The sign, by virtue of its appearance, materials, design and source of illumination, is considered to be out of keeping with the character and appearance of properties in the area and particularly as the site lies within a proposed Conservation Area. The development would therefore be contrary to General Policies 2, 6 and 37 and Environment Policy 34. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 6(4):
Fairfield, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THE SITE 1.1 This site is a terraced, three storey property situated on the southern site of Athol Park. The property is one of a terrace of eight traditional properties, seven of which lie to the east and one more modern one which adjoins to the west.
1.2 The building is a three storey Victorian building with a projecting three storey bay, the same as its neighbours.
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1.3 The building has plastic framed casement windows throughout, like all of the windows in the terrace and has its original timber door frame. Kentraugh, the property at the northern end of the terrace has a more modern frame and door where the plastic frames have a flat profile and the door is solid plastic with a round headed glazed feature in the upper part. The property next to this, Greenfold, has its original door frame but with a plastic door with two vertical glazed lights in the upper part. Alongside this, Fairholme previously had a plastic door in a timber frame but recently this has been replaced (without permission) with a plastic frame and this is the subject of a current retrospective application (19/01218/B). To the immediate south of the application property, Norwood has a flat, plastic framed and a similar door to that in Greenfold. To the south of this all of the properties have retained their original door frames, some having more modern doors but all in timber. The newer frames are flatter and do not have the decorative details or profile of the originals.
1.4 The property had until recently a plastic sign above the central front ground floor window announcing "Anchorage". Recently, and without permission, a sign has been erected above the front door announcing the name of a restaurant. Another sign was also in place to the right of the front gate, announcing "Anchorage Guest House Bed and Breakfast".
THE PROPOSAL 2.1 Proposed is the installation of signage above the door. The sign includes the wording, "Athol Park Guest House and Chinese Restaurant" with contact details below. The sign is slightly wider than the door below at 1.9m by 750mm and with a green background. The signage is capable of internal illumination.
2.2 They suggest that their sign is the same as that which was originally on the building and whilst this was not backlit, it did benefit from being illuminated by the inside lighting in the dining room. The proposed light should not illuminate adjacent areas. It will not be illuminated after 2200hrs.
PLANNING POLICY 3.1 The site is within a wider area of residential use on the Area Plan for the South adopted in 2013 and within the village's proposed Conservation Area. As such, General Policy 2 of the Strategic Plan is applicable as follows:
"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".
3.2 Planning Policy Statement 1/01 - CA/2 advises that consideration should be had to the special character of Conservation Areas in the consideration of development proposals which is echoed in Environment Policy 35.
3.3 Environment Policy 34 states: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."
3.4 The draft Conservation Area Appraisal for this CA includes the following comments which are considered relevant to the determination of the current application:
"Positive buildings in the area should be used as exemplars for future design in the area, and any planning applications for their demolition should be carefully considered whilst being mindful of the current Planning Policy toward the retention of buildings of merit within a
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conservation area. Positive buildings identified within the Conservation Area Appraisal are...Athol Park and Glen View Terrace"
"Although the above details the removal of a number of early 1900s buildings from the conservation area, those in the western end of Athol Park and in Glen View Terrace have been retained. This is due to the fact that these buildings form continuous lines of buildings erected in the same period."
"Boarding houses This area consists of Athol Park, Glen View Terrace and Athol Park Glen and incorporates boarding houses built in the 1890s and early 1900s. Athol Park Glen was landscaped as a public amenity by internees in circa 1942 This area is of importance in the conservation area because although less impressive architecturally than the seafront hotels, these buildings also demonstrate an important part of the history of tourism in the area. In addition, nearly the whole of the area is made up of boarding houses and as such there is a consistency of style. Furthermore, it is particularly fortunate that, despite minor alterations (particularly the introduction of pvc windows), the majority of the buildings in the area remain largely unaltered externally."
"2.4.3. Qualities of the buildings and their contribution to the area There are two key areas in the conservation area with dominant architectural styles; the buildings along the Promenade, and the boarding houses in Athol Park and Glen View Terrace."
"Athol Park and Glen View Terrace The boarding houses included in the conservation area in Athol Park are nearly all of an identical design; terraced, with three storeys and a semi-hexagonal bay running the whole height of the building (the exceptions are Erin House which was built about 10 years later, which is crenulated and has a tower, and 1-3 Park Court which although relatively modern, was designed in a manner which is fairly sympathetic with the boarding houses of Athol Park). In Glen View Terrace the buildings are also nearly all the same (these are terraced, with 3 storeys and a semi-hexagonal bay on the ground and first floors), although there are also 2 houses which are semi-detached with mock timber frame detail on second floor at the front."
"Athol Park and Glen View Terrace - As detailed in the section above 'Qualities of the buildings and their contribution to the area' there are eight terraced buildings in each of Athol Park and Glen View Terrace of the same style. These buildings should all be seen as positive buildings in the conservation area as they demonstrate the historic style of the area which should be emulated when designing new buildings."
"Buildings within the conservation area have suffered in recent years from the universal problem of the addition of uPVC windows and doors. Not only are these unattractive and cause the loss of much historic fabric, they are completely sealed and can cause real problems with condensation and damp. Such windows are also likely to have a very short life span and once the (often non renewable) paint has worn off there will be problems with rust and metal decay. None of the modern windows appear to have been designed to fit harmoniously with the historic buildings apart from the most basic, and unconvincing false glazing bars."
3.5 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
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a road, railway, tramway, harbour or aerodrome including the obscuration of any traffic sign or similar.
3.6 General Policy 6 of the Strategic Plan 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'.
3.7 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'.
3.8 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'.
3.9 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 property has been the subject of applications for replacement windows and doors and is currently the subject of an application for the change of use of the guest house to a guest house with restaurant (19/01284/C).
REPRESENTATIONS 5.1 The owner of Fairfield which adjoins the application site, objects to both this application and the current application for change of use, suggesting that the sign will cast light into his bedroom and sitting area (13.12.19).
5.2 Port Erin Commissioners do not object to the application but have concerns over its appearance in this location. They recommend, should approval be granted, that the illumination of the signage should be switched off at 2200hrs (17.12.19).
ASSESSMENT 6.1 The issues in this case are whether the introduction of the proposed signage would have any adverse impact on the character and appearance of the area, having regard to the fact that the site lies within a proposed Conservation Area.
6.2 The policies clearly require that proposed signage is "of a high standard of design and materials and relate well to the building and site on which they are to be displayed" and in Conservation Areas specifically certain types of sign are actively discouraged, including internally illuminated box fascia signage.
6.3 The existing streetscene is devoid of signage like this with most of the properties retaining much of their original character other than a few plastic frames windows and doors/door frames. The sign is therefore out of keeping. Whilst there may have been a similar sign
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elsewhere on the frontage, this is no longer in place and whilst the location of the current sign is much better, its design is not considered appropriate in this location.
6.4 The properties were designed with large fan lights above the door where signage would often be sign written. Alternatively, signage could be attached to the front gate pillar. In this case, the name of the restaurant is consistent with that of the main property so anything advertising the name of the property should indicate to potential customers where the property is. Any signage should ideally be timber with lettering painted or applied externally and any illumination should be from an external source.
CONCLUSION 7.1 The signage is not considered to be appropriate for the area due to its appearance, materials and source of illumination and the application is not supported.
INTERESTED PERSON 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 of Infrastructure; (f) The Ports Division of the Department of Infrastructure; (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.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 30.12.2019
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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