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24/00717/D Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00717/D Applicant : Palace Hotel And Casino Proposal : Installation of digital advertising screen Site Address : Palace Hotel And Restaurant Palace Buildings Central Promenade Douglas Isle Of Man IM2 4NA
Technical Officer: Tom Sinden Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.07.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. CYCLE TIME OF IMAGES: The display shall not change more than once every 5 seconds, the use of message sequencing for the same product is prohibited and the advertisements shall not include features or equipment which would allow interactive messages or advertisements to be displayed.
C 2. 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 3. HOURS OF OPERATION: The display shall be turned off and replaced by a blank black screen between the hours of 2.30am and 6am on Saturdays and Sundays, and between the hours of 12.30am and 6am on other days.
C 4. TRANSITION OF IMAGES: Other than the use of fade in and fade out, there shall be no swiping or other animated transition methods between successive displays and the display will include a mechanism to freeze the image in the event of a malfunction.
C 5. MOVING IMAGES: There shall be no moving images or special effects (including noise, smell, smoke, animation, flashing, scrolling, three dimensional, intermittent or video elements) of any kind during the time that any message is displayed.
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C 6. MOVING IMAGES: There shall be no moving images or special effects (including noise, smell, smoke, animation, flashing, scrolling, three dimensional, intermittent or video elements) of any kind during the time that any message is displayed.
C 7. LIGHT SENSOR: The screen display panel shall at all times be fitted with a light sensor to adjust the brightness to changes in ambient light levels.
The Brightness of Illuminated Advertisements (or any subsequent amendment/replacement to this guidance).
This application has been recommended for approval for the following reason. The application is judged to be in accordance with section 18 of the Town and Country Act 1999 as the character of the conservation area is being preserved. The application is also judged to meet the tests of planning policy statement 1/01 as well as general policy 2 and strategic policy 4 of the IOM Strategic Plan 2016 as the character of the conservation area and surrounding townscape is being protected and preserved. Whilst the illuminated digital sign does not comply with the requirements of Environment Policy 37, the application is judged to be acceptable in this specific instance given the proposed location on a non-historic building and the presence of existing lighting and highly reflective signage and finishes. The application is therefore deemed to be acceptable.
Plans/Drawings/Information;
This decision relates to drawing 01, 20, (02)100 and (20)200, together with the other supporting information received on 25.6.2024. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
1.1 The site is the Palace Hotel, Douglas. Specifically, this application is focussed on a south- west facing wall of the promenade elevation. The site is also within the Douglas Promenades Conservation Area.
2.0 THE PROPOSAL
2.1 This application seeks express consent to erect an illuminated sign. The sign is proposed to be 3126mm wide by 1763mm high, and to be placed at first floor level on the south-west facing portion of the building that extends out beyond the main building line on the principal (promenade facing) elevation.
3.0 PLANNING POLICY
3.1 The site lies within an area defined as Mixed Use on Map 4 of the Area Plan for the East 2020, and within the Douglas Promenades Conservation Area. The site itself is not noted as being at risk of flooding on the Department of Infrastructure Flood Risk View, although the promenade itself is noted as having a high likelihood of surface water flooding.
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3.2 TOWN AND COUNTRY PLANNING ACT 1999
S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
Environment Policy 37: 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.
3.4 Town and Country Planning (Control of Advertisements) Regulations 2013
(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.
4.0 PLANNING HISTORY
4.1 There are numerous historic applications within the curtilage of the hotel, although the only application judged to be of relevance is application 99/01740/D, which approved the erection of advertising signage.
5.0 REPRESENTATIONS
5.1 The Department of Infrastructure Highways Division (28.6.2024):- The proposal is acceptable in highway terms with its position and size unlikely to cause disruption or an obstruction to road users. There is space to park for the erection, sign maintenance and eventual dismantling. The proposed sign operation and images should be
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controlled by conditions in interests of highway and public safety plus visual amenity as requested below. It may be appropriate to restrict its operating times for amenity reasons as suggested below to. The proposal does not raise significant road safety or network functionality issues. Accordingly, no opposition is raised subject to the following conditions: MOVING IMAGES: There shall be no moving images or special effects (including noise, smell, smoke, animation, flashing, scrolling, three dimensional, intermittent or video elements) of any kind during the time that any message is displayed. TRANSITION OF IMAGES: The interval between successive displays shall be instantaneous (0.1 seconds or less), the complete screen shall change, there shall be no visual effects (including fading, swiping or other animated transition methods) between successive displays and the display will include a mechanism to freeze the image in the event of a malfunction). CYCLE TIME OF IMAGES: The display shall not change more than once every 10 seconds, the use of message sequencing for the same product is prohibited and the advertisements shall not include features or equipment which would allow interactive messages or advertisements to be displayed. FAIL SAFE MECHANISM: The screen display shall be erected with a mechanism installed in order that, if the installation breaks down, it defaults to a blank black screen in order to avoid any flashing error messages or pixilation. LIGHT SENSOR: The screen display panel shall at all times be fitted with a light sensor to adjust the brightness to changes in ambient light levels. Email: [email protected] Officer: RW Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF LUMINANCE LEVEL: At no time shall the Luminance level of the signs exceed the thresholds contained within the Institute of Lighting Professionals (ILP) guidance document PLG05 - The Brightness of Illuminated Advertisements (or any subsequent amendment/replacement to this guidance). OPTIONAL: RESTRICTION ON HOURS: The display panel shall not be in operation outside the hours of xxxx and xxxx (if not 24 hours a day opening).
5.2 Following discussions with both the Highways officer and the applicant's agent, DOI Highways have agreed to remove the request for a condition in relation to transition of images.
5.3 Douglas Borough Council have stated that they have no objections to the application (10.7.2024).
6.0 ASSESSMENT
6.1 The pertinent issue with regard to this application is the impact that the proposed signage would have on the amenity and public safety of the locality, and any impact on the character or appearance of the conservation area.
Statutory Test 6.2 Section 18 of the Act requires that 'special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.' In this instance, this application proposes to erect an illuminated digital sign on a prominent position on the Palace Hotel. The sign is proposed to be placed at first floor level on the south-west facing portion of the building that extends out beyond the main building line on the principal (promenade facing) elevation. It is judged pertinent to note that the existing Palace Hotel building does not feature any of the characteristics of the Promenade Conservation Area. It dates from the mid- 20th century, with elements from the latter part of the 20th century, and has none of the neo- classical detailing, wall materials, roof finish materials, rhythm of glazing or style of fenestration of the Victorian and Edwardian buildings along the Promenade. No characteristic of the building is historic, and the promenade-facing elevation features bright signage and finishes in various locations across the building. As a large hotel that is operational 24 hours a
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day, various parts of the building are brightly lit at all times of the day and night to varying degrees. With these factors in mind, it is judged that the addition of an illuminated digital sign will not appear to be out of place specifically on this building. If such a sign was to be proposed on a historic building, or within the immediate setting of a historic building within the conservation area, then it is very likely that significant harm would result to the conservation area. As a result of the proposed location on this non-historic and extensively illuminated building, it is judged that the sign would cause no harm to the significance of the conservation area, and as such the signage is considered to preserve the character of the conservation area. It is therefore judged that the application meets the statutory test within section 18 of the Act.
Policy Tests 6.3 The signage is proposed to be placed at first floor level on the south-west facing portion of the building that extends out beyond the main building line on the principal (promenade facing) elevation. Similar digital signs have recently been placed at various road junctions around Douglas, including at the Sea Terminal, within the Promenades Conservation Area. In respect of the impact on highways safety, DOI Highways have viewed the application and stated that they do not oppose the signage subject to various conditions. Following discussions with the applicant's agent, the initially suggested conditions have been amended given the location is not adjacent to a significant road junction. In the event that the application is approved, it is recommended that the conditions requested by Highways be added in order to ensure that no adverse impact occurs to highway safety in the locality. In respect of the potential impact on the amenity of the locality, as discussed in section 6.2, given this specific building's age, style, material finishes and level of existing lighting, it is judged that a sign in the manner proposed would generally be in keeping with the building and therefore not have an adverse impact on the amenity of the locality.
7.0 CONCLUSION
7.1 The application is judged to be in accordance with section 18 of the Town and Country Act 1999 as the character of the conservation is being preserved. The application is also judged to meet the tests of planning policy statement 1/01 as well as general policy 2 and strategic policy 4 of the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. Whilst non-traditional materials are proposed for the signage as required by Environment Policy 37, the proposal is judged to be acceptable in this instance as the existing building is not historic and already features large amounts of reflective surfaces and lighting. The application is therefore recommended for approval.
8.0 INTERESTED PERSONS 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) any Government Department that has made written submissions relating to planning considerations with respect to the application (whether pursuant to a notice under regulation 10 or otherwise) that the Department considers material; (c) the local authority in whose district the land the subject of the application is situated; and (d) the Highways, Ports and Railways divisions of the Department of Infrastructure.
8.2 In addition to those above, the Regulation 11(3) requires the Department to decide which persons (if any) who have made written submissions with respect to the application (whether pursuant to a notice under regulation 10 or otherwise), other than those referred to in paragraph (4), should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
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8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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 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: 26.07.2024
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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