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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00213/D Applicant : Michael Commissioners Proposal : Village Noticeboard Site Address : Site Adjacent To Commissioners Offices Main Road Kirk Michael IM6 1ER

Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 14.06.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. Notwithstanding the details provided no permission has been given for the use of concrete to install the wooden beams of the sign.

Reason: to protect the root structure of the existing trees.

This application has been recommended for approval for the following reason. It is considered that the proposed signage would not impact the character nor appearance of the Conservation Area by reason of its size, scale, siting and design, as such the proposal would preserve the Conservation Area in accordance with Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35 & 37 of the Isle of Man Strategic Plan 2016, nor is the proposal impacting the Registered Building and as such the proposal complies with Strategic Policy 4.

The proposed signage would not have any adverse visual or amenity harm to the public or public safety and would provide a community facility. As such the application would accord with The Control of Advertisements Regulations 2013, as well as meeting with the principles of General Policies 6 and 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

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This decision relates to the following plans and drawings, date stamped received on 4th March 2024; o Drawing No. 1084.01

This decision also relates to a site photo with the location of the signage dated received 2nd April 2024

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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 4(2):

Sheean Ny Marrey as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __

Officer’s Report

THE SITE

1.1 The application site is situated to the East of the existing Michael Commissioners office, within an existing mound. The existing mound has trees within the site and a small retaining wall surrounding it.

THE PROPOSAL

2.1 The current planning application seeks approval for the installation of a lockable glass cabinet which is to have a width of 1.4m, with an overall height of 2.2m. The cabinet is to have Michael District Commissioners written above the lockable space which is to measure 1m by 1.2m.

2.2 The current proposal is one of four boards which are proposed within Kirk Michael and are proposed to provide information upon community matters.

PLANNING HISTORY

3.1 The existing applications upon the site are not relevant in the assessment of this application.

3.2 It should be noted that the following applications have been submitted at the same time for noticeboards within the Kirk Michael area; PA24/00213/D - Site adjacent to Commissioners Offices, Main Road - Approved PA24/00214/D - Car Park, Main Road, Kirk Michael - Approved PA24/00215/D - Rhencullen Parking Area, Orrisdale Road - Approved

PLANNING POLICY

4.1 The site lies within an area zoned as within "St Michaels Church" on the Kirk Michael Local Plan 1994. The site is situated within a Conservation Area but not a Flood Risk Zone.

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4.2 In the first instance due to the site being situated within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application which is then followed by Environment Policy 35 which seeks that development must either preserve or enhance the Conservation Area, Environment Policy 37 which gives the general policy on signage within a Conservation Area, General Policy 2 which sets out general development standards, General Policy 6 which sets out what is expected of external advertisements and General Policy 7 which sets out that the display of adverts must be in relation to the site they are situated upon and lastly Strategic Policy 4 due to St Michael's Church being a registered building.

4.3 This is then followed by The Control of Advertisements Regulations 2013 which makes clear that the only considerations which can be applied to applications under them are in the interests of protecting amenity and public safety.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary;

5.2 DOI Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing the board is set back up against the low wall or rear boundary wall -the applicant should confirm this is the case." (11.03.24)

5.3 No comments have been received from Michael Commissioners at the time of writing this report.

5.4 The owner/occupier of Sheean Ny Marrey, Kirk Michael have written in to request that the sign is not illuminated.

ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application is the impact of the proposed signage on the Conservation Area, the character of the area and the overall streetscene.

6.2 In the first instance it is relevant to note that St Michael's Church is registered and as such Strategic Policy 4, needs to be assessed. The site in question with situated in an area where St Michael's Church cannot be seen as such the proposed signage would not be impacting the Registered Building.

6.3 The Department has a duty to determine whether such proposals are in keeping with the surrounding streetscene, whilst noting the special character of the area. When looking at the character of the streetscene where the proposal is to be situated, it can be seen that the car park is a large part of the character, with the properties opposite adding in a residential feel. There is already two signs within the direct area of the proposal, as such it is unlikely that an additional sign will change the character of this area. Whilst the proposed material is not metal and is wood, the material would be more likely in such a residential area.

6.4 Turning towards Environment Policy 37, for part i), the signage would preserve the Conservation Area as stated above. The signage is of an appropriate style for the character of the area and is of traditional materials, as such the proposal would meet parts ii) & iii) and also iv) due to there being no illuminated box fascia's or projecting box signs.

6.5 The proposed signage is situated for where it is proposed, it's modest in size and height and is readable by a variety of users, which would be an interest within the locality rather than

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an intrusion to the enjoyment of the area and will have information situated within it which will be specific to the Michael area.

6.6 The sign does not contain any illumination and is set back a sufficient distance from the highway so as to limit any highway visibility or safety issues and would not create a distraction to road users, as such the proposal meets the general standards set out in The Control of Advertisements Regulations 2013.

CONCLUSION

7.1 It is considered that the proposed signage would not impact the character nor appearance of the Conservation Area by reason of its size, scale, siting and design, as such the proposal would preserve the Conservation Area in accordance with Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35 & 37 of the Isle of Man Strategic Plan 2016, nor is the proposal impacting the Registered Building and as such the proposal complies with Strategic Policy 4.

7.2 The proposed signage would not have any adverse visual or amenity harm to the public or public safety and would provide a community facility. As such the application would accord with The Control of Advertisements Regulations 2013, as well as meeting with the principles of General Policies 6 and 7 of the Isle of Man Strategic Plan 2016.

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 Planning Committee 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date : 17.06.2024

Determining officer

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Signed : J CHANCE

Jennifer Chance

Director of Planning and Building Control

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.