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19/01104/D Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01104/D Applicant : Ocean Waves Ltd Proposal : Installation of a digital screen Site Address : 11 Castle Street Douglas Isle Of Man IM1 2EX
Planning Officer: Mr Paul Visigah Photo Taken : 22.10.2019 Site Visit : 22.10.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.11.2019 __
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.
C 2. The digital advertisement board hereby approved shall be switched off between the hours of 2am and 7am.
Reason: In the interests of visual amenity and the appearance and character of the area.
C 3. The digital advertisement board hereby approved shall operate at a maximum intensity of illumination of 600cd/m2 during hours of daylight and 300cd/m2 during hours of darkness with illumination levels controlled by an ambient sensor.
Reason: In the interests of visual amenity and the appearance and character of the area.
Plans/Drawings/Information;
This approval relates to the Location Plan and drawing numbers JTM1928A-P-01 and JTM1928A-P-02 date stamped and received 1 October 2019.
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Interested Person Status - Additional Persons
None
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Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT PROPOSES DEVELOPMENT CONTRARY TO GP7 OF THE STRATEGIC PLAN BUT IS RECOMMENDED FOR APPROVAL
THE SITE 1.1 The application site is the curtilage of 11 Castle Street, Douglas which is a two storey end of terrace retail unit. The application site is situated to the western side of Castle Street and north of the public footpath which connects Castle Street and Market Street.
1.2 The entire wall of the south elevation is finished in red bricks, while the eastern elevation which fronts onto Castle Street is finished in rendered masonry, painted white.
THE PROPOSAL 2.1 The planning application seeks consent for the installation of a digital screen on the southern elevation of the application property. The screen will measure 1920 x 2800mm with fixed and revolving graphics/Images. This signage will be a permanent feature of the wall of the property.
PLANNING POLICIES 3.1 The application site is within an area designated as "Predominantly Shopping" use under the Douglas Local Plan Order 1998. The site is not within a Conservation Area, albeit borders the Douglas Promenades Conservation area to the east.
3.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant:
3.3 General Policy 6 reads as follows: "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."
3.4 Paragraph 6.6.2 of the Strategic Plan will also serve as a guide in the determination of the application. 3.4.1 Paragraph 6.6.2 'Within our towns and villages, well designed and sensitively sited advertisements can contribute positively to the character of a building or area, and can be of help to the general public. However, advertisements which are too bright, overlarge or poorly sited may endanger safety by distracting or confusing highway users and may, both individually and cumulatively, detract from amenity by being intrusive, by introducing clutter and visual confusion or by masking features of interest or attraction.'
3.5 General Policy 7 reads as follows: "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."
3.6 The Control of Advertisements Regulations 2013 is another policy that will be valuable in the assessment of this application since it makes clear the considerations which can be applied to applications made in the interests of amenity and public safety.
3.7 Section 5.1 states that: (1) The Department must exercise its powers under these Regulations only in the interests of amenity and public safety, taking account of any material factors, and in particular -
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a) in the case of amenity, the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest, disregarding, if they think fit, any advertisement being displayed there; (b) In the case of public safety - (i) the safety of any person who may use any road, railway, tramway, harbour or aerodrome; and (ii) whether any display of advertisements is likely to obscure or hinder the ready interpretation of, any traffic sign, railway or tramway signal or aid to navigation by water or air.
3.8 General Policy 2 states: "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; k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; n) Is designed having due regard to best practice in reducing energy consumption."
PLANNING HISTORY 4.1 The previous planning applications are considered relevant in the determination of this application:
4.1.1 Conversion from retail (Class 1) to ground floor retail (Class 1) and cafe/restaurant (Class 3) and first floor to residential / tourist accommodation - 19/01103/B - PENDING DECISION
4.1.2 Installation of both illuminated and non-illuminated signage - 16/00916/D - APPROVED
4.1.3 Change of use of first floor storage room to an additional sales area and alterations including installation of a roof light, fire door on side ground floor and first floor front window - 03/02013/B - APPROVED
4.1.4 Provision of a new shop front and installation of three new side windows - 96/00615/B - APPROVED
4.1.5 Alterations to provide additional shop front window to side elevation - 96/00279/B - APPROVED
4.1.6 Change of use from sports shop to home bakery outlet - 91/04072/C - APPROVED
4.2 In addition, the Department has considered a number of applications not dissimilar in nature to the current proposal elsewhere on the Island, which would provide guidance in the assessment of the application. These include the following: PA 16/01024/D and PA 16/00949/D.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 22 October 2019.
5.2 Douglas Borough Council has indicated that they have 'No Objection' to the application in a letter dated 25 October 2019.
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ASSESSMENT 6.1 There are three key tests to consider when assessing applications for advertisements, in respect of public amenity as set out in General Policy 6; these are: i. Is the proposed signage of a high standard of design and materials, and does it relate well to the building and site? ii. Is the proposed signage in keeping with and, does not detract from, the surrounding area? iii. Is the proposed signage located so as to cause a highway safety hazard?
6.2 Standard of design and materials, and relationship to the building and site 6.2.1 The proposal aims at installing a medium-sized digital screen at the first floor level on the southern elevation of the property which can be seen when approaching the property from the south of Castle Street, or via the public footpath which abuts the property. The façade is openly visible within the streetscene and would be partly visible from Castle Street and the public footpath which connects Castle Street and Market Street.
6.2.2 Whilst the design is somewhat boxy, it does have a black border surrounding it and does not appear it would detrimentally stick out from the building on which it would sit. As such, it is considered that this would reduce the overall visual impact of the sign on the building.
6.2.3 In considering the suitability of the application with regard to existing policy, GP7 is explicit in its disposition towards the display of external advertisements on sites or buildings other than those to which they relate. However, this is very similar to PA 16/00949/D at 44 Strand Street, Douglas, which was approved on appeal.
The Inspector's recommendation includes the following: "39. I recognise the concern of the Planning Authority to prevent an undue proliferation of advertisement signage, unrelated to the buildings on which they are displayed, where this would be detrimental to visual amenity, contrary to the aims of adopted planning policy.
The advertisement board would be sited centrally within Strand Street; the main pedestrianized shopping area of Douglas town centre. The Street contains an increasing number of modern, glazed shop fronts, the majority displaying advertisements. The many advertisements which currently exist in Strand Street invariably relate to the retail outlets within the buildings on which they are displayed.
However, if well-designed and properly installed and controlled, the digital board now proposed at No 44 Strand Street would not, in itself, appear out of keeping in this modern, highly commercial context. I am persuaded that the sign would be a 'state-of-the-art' unit in common use elsewhere. In these respects, the proposed signage would thus comply with GP6.
The only substantive argument against consent appears to be potential conflict with GP6-7, in that not all the advertisement material would be related to No 44 Strand Street. I note that GP7 is framed in general terms and imposes no absolute prohibition on signs unrelated to the host building. At the same time GP7 appears to be in some conflict with the prevailing Regulation 5 of the Control of Advertisement Regulations. This was previously recognised in the report and decision on appeal Ref 16/0068 for Skanco Court, cited by the appellant company.
I recognise that the proposed digital board would replace an existing, lawful conventional, fixed advertisement in essentially the same position. By displaying a variety of images, it would tend to reduce proliferation of signage elsewhere. These factors mitigate any potential net impact the sign would have.
Whilst there is no documentary evidence before the Minister of the amount of investment or economic benefit the digital sign would generate for the town centre, it is fair to assume
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that some such benefits would be realised if the sign were allowed to operate as proposed. The sign would also meet a demand for such publicity, possibly to replace the 'A-frame' signs along the Street.
Notably, the application was supported by Douglas Borough Council.
In light of the relevant adopted planning policies and Regulations quoted above, I am brought to the overall conclusion that this particular advertisement board, in the location proposed, would have no unacceptable cumulative impact on the appearance or character of the surrounding street scene.
The appeal should therefore be allowed and consent granted, subject to appropriate conditions."
6.3.4 Based on the foregoing, it is noted that the current application is identical to PA 16/00949/D and as such should be consistent with the latter, although the application should be considered on its merit.
Impact on Character of Surrounding Area 6.3.1 The size and type of the screen, whilst obvious, would not be an unusual feature within a predominantly shopping area such as this one. From the perspective of Castle Street, the signage would not be readily visible due to its position on the application property. It is noted that the screen would only be visible from the southern section of Castle Street when in close proximity to the property as the site is screened by 'The Strand' which conceals large sections of the affected elevation, as well as the south-western section of Granville Street.
6.3.2 Granting the screen would be visible; the street scene features a variety of illuminated and non-illuminated shop signs and advertisements; erected to promote businesses in the area. As such, the signage would result in an acceptable visual impact on shopping zone.
Impact on Highway Safety 6.4 As noted in the previous sections of this report, the signage would not be readily visible from Castle Street and Granville Street or any other public road outside of the shopping zone itself, and is considered unlikely to pose a highway safety risk. In this respect the proposal complies with GP6 (c).
CONCLUSION 7.1 For the reasons outlined within this report it is considered that the planning application is in accordance with sections of the Isle of Man Strategic Plan 2016, the Douglas Local Plan, and the Control of Advertisements Regulations 2013 and as such it is therefore recommended that the planning application be approved.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) 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
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o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted... Committee Meeting Date:...16.12.2019
Signed :...P VISIGAH... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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