DEC Officers Report

Case Officer: Mr S Moore Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The application site is the curtilage of 24 Church Street which is a on the corner of Church Street and Nelson Street. The application relates specifically to an extension to the elevation of the building which faces onto Nelson Street. A single storey extension has recently been erected on the elevation facing Nelson Street which has a lean-to roof with a hipped roof at the point where the extension comes to a point. The extension has two window openings facing on to Nelson Street and one window in the elevation which is on a diagonal facing both Church Street and Nelson Street.

The Proposal

1. The application seeks Registered Building consent for the installation of illuminated window signage. Proposed is the installation of three colour printed window graphics. The two windows facing Nelson Street would have graphics measuring 1.375m x 1.495m the corner window would have a graphic measuring 0.75m x 1.32m. The two windows would have openings to display posters. The windows would be lit internally within the shop.

Planning History

1. The following previous applications are considered to be specifically material in the assessment of the current application:

PA 13/00167/GB Alterations and erection of a shop window extension to gable wall – approved

PA 13/00168/CON Registered Building consent for alterations and erection of shop window extension to gable wall, including re-rendering of gable wall above proposed shop window – approved

Development Plan Policies

1. The application site is within an area identified as "Offices" on the Douglas Local Plan 1998, it is also within the Athol Street/Victoria Street Conservation Area. The building is also Registered. Given the nature of the application it is appropriate to consider General Policy 6,

Application No.:	14/00294/CON
Applicant:	Emma Allard
Proposal:	Registered Building Consent for installation of window signage (RB no 20 in association with 14/00264/D)
Site Address:	Corner Of 24 Church Street And Nelson Street Douglas Isle Of Man IM1 2AB

General Policy 7 and Environment Policy 37 of the Isle of Man Strategic Plan (20th June 2007).

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.

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.

Environment Policy 32 states:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

Environment Policy 35 states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

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.

RB/5: Alterations and Extensions:

"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting.

Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy CA/2 - Special Planning Considerations states:

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

Consultations:

1. Highways Division has not commented
2. Douglas Corporation has not commented

Assessment

1. The application seeks approval for the installation of coloured window graphics in the openings. The main issues to consider in the assessment of the application are the principle, the impacts upon the character and appearance of the Registered Building and impact upon the Conservation Area.
2. The openings would be fitted with coloured window graphics; the graphics would have existing openings which could display different information. There would be internal lighting which would result in the signage being back-lit.
3. The existing extension while attached to the Registered Building is not part of its original fabric. Given that the extension provides a limited space, these openings are considered to act as a shop front and therefore should be used for some sort of advertisement or display.
4. It is considered that the window graphics are of a high quality and have been designed to fit the openings. It is considered that the impact upon the character and appearance of the Registered Building and Conservation Area would be acceptable.
5. General Policy 7 indicates that the display of external advertisements will not generally be permitted on sites or buildings other than those to which the signage relates. The signage to be displayed in the openings relates to a business which is situated approximately 183m from the application site.
6. At present there is nothing displayed in the openings and whilst the signage would not relate to the building on which it is to be displayed it is considered that the use of the openings would enhance the appearance of the extension within the street scene.
7. The signage is temporary, this is mainly due to the business which is being advertised is moving location and this is to inform the public of the new location. They have suggested that the window graphics are there for three years, this is quite a significant amount of time but given that the signage is internal it is considered that there would not be any significant deterioration of the signage.

1. There have been other similar applications for vinyl advertisements in windows. One of which was PA 13/91293/D which was for the installation of advertising vinyls at 2-4 Regent Street in Douglas. This application was considered to be unacceptable and was refused. The vinyls proposed under PA 13/91293/D were considered to be incongruous within the street scene due to the siting, design and materials. Whilst this application also proposes vinyls they are considered to be significantly different to those which were refused under PA 13/91293/D.

1. Overall it is considered that the signage is of a high quality and would not have an unacceptable impact upon the character and appearance of the Registered Building or Conservation Area.

1. While the signage is not on a building to which it relates, the site is quite unusual in that it is a display window which has been erected off an existing building but cannot be used as a shop in itself.

RECOMMENDATION:

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

PARTY STATUS:

1. The local authority Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status.

1. The Highway Services of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded interested person status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 17.04.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

C 2.

The signage hereby approved shall have been removed from the site and restored back to its original state within 36 months from the date of installation of the approved signage.

Reason: The signage has been requested for a 3 year period and meets a short term need. This approval relates to Drawing no. 4, location plan and signage details date stamped as having been received 14th March 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 12/4/14

Determining officer (delete as appropriate)

Signed : _________________________ Chris Balmer Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Head of Development Management