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Application No.: 18/01298/D Applicant: Bettridge Motors Proposal: Erection of illuminated signage (retrospective) Site Address: Garage Showroom Bettridge Motors Mines Road Foxdale Isle Of Man IM4 3EX Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.11.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
N 1. For the avoidance of doubt this application is for the signage only. No approval is given to the lighting fixed to the building as shown in drawing number BM/17/1.
This approval relates to drawing numbers BM/17/1 and BM/17/4, 1 x proposed signage drawing and 4 x site photographs all date stamped and received 12/12/2018. _______________________________________________________________
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):
Old School House, Foxdale 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 The application site is the existing corner site of Bettridge Motors, Foxdale. The site is located on the south side of Mines Road (A24) which runs through Foxdale and opposite Foxdale School. Bettridge Motors is an established car sale business on the Isle of Man and their site in Foxdale sits amongst other large industrial units on this side of the road and surrounded by a number of residential properties on the adjacent side of the road. - 1.2 The site was recently approved for the erection of a new showroom building under PA 16/01229/B. The local commissioners raised concern as part of this application as to the installation of exterior lighting, and that they felt conditions should be added to control the spread and times of the operation of any floodlighting as to not cause local nuisance. The application was considered by the Planning Committee and a condition restricting external lighting was added to the approval. This condition stated:
"There shall be no external lighting of the development hereby approved unless a planning application is submitted for such. Reason: In the interests of the character and appearance of the site and surrounding area."
1.3 The approved showroom building has been constructed and is in use. THE PROPOSAL
2.1 The current application seeks approval for the retrospective installation of illuminated signage on the building. The proposal includes three areas of signage on the front, rear and side gable elevations each sign reads 'Bettridges'. Each letter is individual and internally illuminated finished in blue with a yellow trim around each letter. - 2.2 The signage on the 'principle' northern front elevation is detailed on the drawings as being 1.5m tall and 8.5m long. The signage on the side and rear elevations are both details as being 1m tall and 6.7m long. - 2.3 Additional information provided by the applicant in an email dated 14/03/2019 states that the larger sign is 225 lumens and the smaller two signs 186 lumens each. PLANNING HISTORY
3.1 There have been a number of applications which have been considered on the site, the most relevant in this instance being the original application PA 08/01624/R for the change of use of site for the sale and storage of vehicles which was approved in 2008 and the most recent application 16/01229/B approved for the new workshop/showroom building approved in Feb 2017. DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as "Light Industrial" identified on the Foxdale Local Plan 1999. The site has recently been redevelopment for the erection of a new replacement vehicle showroom approved under PA 16/01229/B. Given the nature of the current proposal it is most relevant to consider The Control of Advertisements Regulations 2013 and General Policy 8 of the Isle of Man Strategic Plan in the assessment of the application:
4.3 The Control of Advertisements Regulations 2013 makes 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 a road, railway, tramway, harbour or aerodrome including the obscuration of any traffic sign or similar.
4.4 General Policy 8: "Within rural areas the display of external advertisements will be permitted only where:
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Patrick Commissioners - requested deferral 21/12/2019 and provided subsequent comments 17/01/2019. These comments highlighted the concern that the Commissioners raised for lighting as part of 16/01229/B and that they have received negative comments from many residents regarding the wall mounted lighting and the blue illuminated signage which has been considered invasive. The Commissioners are keen to encourage local business and provided three key comments:
5.2 DOI Highways Division - do not oppose (21/12/2019)
5.3 The owner of the Old School House, Foxdale - OBJECTION (19/12/2018 and 14/01/2019). These comments state that the illumination of the signage results in an impact of highway safety to their dwelling particularly when exiting their drive, the lighting illuminates their house and the surrounding area and can be seen when entering the village from any direction, this results in a visual impact to their outlook and on the scenic views of the area. The signs are big and bright and when the ground is wet the blue glare is intensified. The lighting is not in keeping with the area. A selection of photographs were included in the comments showing the lighting and signage on the vehicle showroom and impact on their property and surrounding area. The lighting being illuminated 7am for around an hour and 4pm-7pm each day including Christmas day and bank holidays. ASSESSMENT - 6.1 There are two fundamental issues to consider in the assessment of this application, i.) the physical appearance of the signage, and ii.) the level of illumination emitted from the signage. Physical Appearance
6.2 The proposed signage relates to the use of the site as a vehicle sales showroom and vehicle repair workshop. The general form, size and material finish of the signage areas are considered to be acceptable particularly being individual letters rather than being inappropriate
box signs. Visually the physical appearance of the signage is not considered to result in any significant adverse visual harm on the amenity of the existing site or immediate surrounding area which is, on this side of the road, in predominantly industrial use and generally commercial in its nature.
Illumination
6.3 The applicant has provided images of similar signage found at other vehicle dealerships and business headquarters located along Cooil Road and IOM Business Park. While it would be reasonable to state that illuminated signage is evidently not uncommon, the context in where it is to be positioned is always to be considered. In this instance the two provided examples are not surrounded by residential development, and are located within an established and fairly densely populated business area on the outskirts of Douglas town centre and an area which links some of the main arterial routes heading into and out of Douglas and one which is illuminated by suburban levels street lighting.
6.4 Conversely, the application site is within a rural area and one which is surrounded by a number of residential properties and it is the proposed level and intensity of illumination emanating from the signage that is of most concern here, particularly in the early morning or dusk and night time hours when it is most prominent. - 6.5 The signage has already been installed and is illuminated on a timing system. During a site visit the applicant explained that the signage illumination would automatically turn off at 7pm each evening. The light emitted from the sign is blue in colour and understood to be between 186 - 225 lumens. During the day and summer months the general daylighting levels would likely reduce the prominence of the illumination, however during the darker winter months the prominence of the signage is to increased and for longer hours of the day. - 6.6 There have been a number of visits conducted for the application and at various times of the year, during the winter months the blue hue emitted from the site can be seen from a distance when travelling into Foxdale from the Eairy and across the dark skies of the landscape. The three areas of signage are bright; however when you near the site and travel past in a vehicle the level of illumination is not so dazzling as to cause any unacceptable levels of glare or distraction that would result in any highway safety issues, and thus for passing members of the public the level of illumination is unlikely to be of any significant concern, however for those permanent residents the immediate area it is the level of illumination consistently and constantly that is of concern. - 6.7 Determination of applications such as this can be difficult and often there needs to be a balance struck in the needs of both the applicant (the business owner) and the residents. While one might desire such signage to help facilitate the operation of their business the other seeks the quiet and peaceful enjoyment of their own homes. - 6.8 In the case of this application the visual appearance of the proposed signage is considered to be acceptable and not to impact the character of the area or the amenity of the neighbours. In terms of the illumination, this is considerably bright and the level of such brightness is perhaps exacerbated by the rural location in which the site is located. This level of illumination and for long periods of time particularly during darker hours would have an unacceptable impact on the living conditions of the neighbours and a negative impact on the general appearance of the area as a whole from the unnatural blue hue emitted from the site. In reaching a balance on the application consideration is to be given as to whether a set of conditions could be added as to help limit the impact to an acceptable level. - 6.9 Verbal discussions with the applicant outline that the illumination of the signage current turns off at 7pm via an automatic system. Comments submitted by the neighbour also indicate the signage being illuminated up to 7pm but also illuminated on days when the business is not open and illuminated in the mornings at around at 7am for an hour.
6.10 Illumination in the evenings up until 7pm is perhaps not so adverse or anti-social as to significantly impact the living conditions of the neighbours. Illumination from 7am might similarly not be so unreasonable or anti-social, however given the rural location could be considered unneighbourly enough as to impact general living conditions. When the business is closed there is no real need for the signage to be illuminated. Thus any illumination on days when the business is closed or extended way beyond the general day to day operations hours would be unnecessary and equally present an unnecessary impact on the amenity of the surrounding area both neighbourly and in the general rural landscape. - 6.11 In reaching a conclusion on the application it is considered that a condition be added to restrict the hours of illumination of the signage. This condition being suitably word as to restrict illumination of the signage to days when the business is in operation only, and no earlier than 8am and no later than 7pm on those days when they are open.
7.1 The application has been considered against The Control of Advertisements Regulations 2013 and General Policy 8 of the Strategic Plan. In light of the above findings it is considered that the application for the signage is on balance found to be acceptable and compliant with the advertisement regulations and the IOM Strategic Plan in terms of its visual impact and found to be acceptable in terms of its illumination subject to the suitable worded condition restricting the hours of illumination. Any approval should also be supported by a condition restricting any intermittent lighting. 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:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 18.11.2019 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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