Officer Report and Recommendation

Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The site is the curtilage of Motors and Mowers, a showroom and repair facility for landscaping equipment, situated on the corner of Station and Main Roads in the centre of Kirk Michael. The showroom is a modern building, built around 2005. It has traditional features - a slate-like roof, gable verges and vertical proportions to the windows although this is partly obscured by a large lean-to conservatory which has been added to the frontage.

1. The property has its access off Station Road with limited on site parking in front of the property.

The Proposal

1. Proposed is the installation of signage on the gable facing Main Road: this will be a horizontally proportioned sign 5m long and 0.5m tall, non-illuminated aluminium coated with a type of plastic which does not turn yellow over time. The colour of the signage will be orange, green and white.

1. Also proposed is a totem sign standing 4.5m high from the ground level in front of the building, taking the height up to just below (250mm) the ridge of the main building. This sign will be made of steel with the same plastic finish as described above.

Planning Status And Policy

1. The site lies within an area designated on the Kirk Michael Local Plan of 1994 as "Works" within a wider Residential area.

1. The site also lies within Kirk Michael's Conservation Area which was designated in 2006. In the Conservation Area appraisal, the application building is not referred to as a building of interest. The site is referred to, however at paragraph 19.4 where it states under the heading of "Neutral Areas", "The premises of Kirk Michael Motors, on the corner of Station Road, fits reasonably well into the area and is considered to be neutral. However, the sign on the gable wall is garish and there is scope for improvement." The Appraisal also notes in the section on "Subjects for Enhancement", "Within the designated area, no advertisements were noted that were considered to be positive. Two advertisements in particular are considered to be negative and capable of enhancement. These are: the boarded-over window to part of The Convenience Store, which should ideally be removed and the shop front reinstated; and the sign on the gable wall of Kirk Michael Motors (paragraph 20.13).

Application No.:	12/00804/D
Applicant:	Countrywide Maintenance
Proposal:	Erection of advertising signage
Site Address:	Motors & Mowers
	Station Road
	Kirk Michael
	Isle Of Man
	IM6 1AE

1. The following Strategic Plan policies are considered relevant in this case:

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 material 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 to not cause a highway safety hazard".

Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of 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: "As a general policy, advertisements within Conservation Areas will be permitted 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."

Planning History

1. The current building was approved in 1994 under PA 94/0902 as a replacement for the former Kirk Michael Motors. Permission was then sought and granted for the change of use of the approved new building to the sale of garden machinery, equipment and plants (PA 04/06480). Permission was granted for the conservatory extension under PA 06/1464 and alterations undertaken under PAs 09/0006 and 12/0038.

1. Most recently, planning permission was refused for the installation of signage under PA 12/0337. This application was for the same signage as is proposed here and was refused for the following reason:

"By reason of the signs style, design and use of materials, it is considered that the proposed development would not preserve or enhance the Conservation Area and would therefore be contrary to Environment Policy 35 and Environment Policy 37 of the Isle of Man Strategic Plan."

Representations

1. Michael Commissioners object to the totem sign on the basis that they consider this sign too large and intrusive ad does not preserve or enhance the Conservation area and would therefore not be in keeping. They do not object to the signage on the gable.

1. Highways Division indicate that they do not oppose the application.

1. Mr. Cannan MHK, elected Member for Michael supports the application on the basis that the applicant supports 12 full time local jobs and providing local services and equipment for over twenty years. He suggests that in the current difficult economic times increased advertising can assist businesses and whilst he accepts that the site is within a Conservation Area and "some visual aspects would be noticeable" he feels that the signage would not overall have an adverse impact on the character of the area.

Assessment

1. The signage is the same as that proposed previously so unless there is a material in the way the application should be considered, the same conclusion should be reached in this case. The applicant has provided additional information in support of his application, notably evidence of signage elsewhere in the village. There are photographs of the Michael Car Centre post sign and the one of the gable of that building, the illuminated signage on the Isle of Man Bank opposite the site, a sign affixed to the gable of a building on the corner of Slieau Curn Park and Main Road signage on The Mitre public house including signage which advertises brands of items sold at the premises. Of these signs, all but the gold "The Mitre" signage and the oval Guinness signs were in place when the Conservation Area was designated. No planning applications have been submitted in respect of the additional signage.

1. The Conservation Officer's report on the previous application states the following:

"CONSERVATION OFFICER'S SUPPLEMENTARY REPORT:

1. As the application site is located within the Kirk Michael Conservation Area, designated in 23rd June 2006, the relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2, Environment Policies 35 and 37 and Policy CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Conservation of the Historic Environment) is also considered to be relevant to determining this application.

1. 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."

1. That proposed is the erection of advertising signage in the form of non-illuminating signage to the gable end of the building on to Main Road and a 'totem' style non illuminated sign on the corner of Main Road and Station Road.

1. It is clear that the business has been in place since before the designation of the Conservation Area and that there has been associated signage in place since at least July 2005 when Conservation carried out a photographic survey of Kirk Michael as part of the Conservation Area designation process. At the same time, there was a flag pole in roughly the same location as the proposed 'totem' sign. The existing signage would appear to be formed in plastic and affixed to the gable wall.

1. It should be considered, that there is also existing signage in place to the gable end of the two storey section, furthest away from the junction which is similarly visible from Main Road when approaching the building from Ramsey. This is not part of this application, but is obviously a part of the advertisement for the business.

1. The question therefore, is whether the proposed complies with the policy and in doing so, preserve, or enhances the character of the Conservation Area.

1. It is considered that whilst the simpler graphics of the new gable end signage are an improvement on the existing sign the use of materials and 'boxlike' nature of the sign are not appropriate and are considered to be contrary to Environmental Policy 37. The addition of the 'totem' style sign on the junction, is also considered to be detrimental to the character of the Conservation Area as it adds to the visual clutter of the streetscape and is formed in materials that are considered to be contrary to Environmental Policy 37 and in doing so, are

unacceptable. Whilst there are other signs in the vicinity which are provided by the applicant in support of the application, none of these is described as positive in the Conservation Area appraisal and as such should not be taken as an approved form of signage for the Conservation Area nor a precedent for further unsympathetic signage."

1. As there has been no material change in circumstances since the last decision, the recommendation for this application, which is essentially the same as that, must be a refusal on the same grounds. Whilst it is fully accepted that times are difficult for many traders, this should not be a reason to accept a lower standard of development, including advertising, particularly within established Conservation Areas and where signage has been identified as a negative feature in the relevant appraisal document.

Party Status

1. The local authority, Michael Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. Mr. Cannan MHK is not directly affected by the proposal and should not be afforded party status in this case.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 10.07.2012

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

R 1.

The proposed signage, by reason of the style, design and use of materials, would be contrary to the provisions of Environment Policies 35 and 37 as it would not preserve or enhance the Conservation Area.

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

Decision Made : Refused Date : 11/7/12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Jennifer Chance Development Control Manager