Officer Report

Application No.: 25/00155/D Applicant: Mr Peter Ferguson Proposal: Erection of non-illuminated sign Site Address: Unit 46 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QS Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.04.2025 _________________________________________________________________

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. This application has been recommended for approval for the following reason.

The application is recommended for approval as it is considered the proposed non-illuminated sign would not harm the character of the area or the highway network or public or private amenities and would comply with General Policy 2, General Policy 6 a,b,c; and General Policy 7 and Regulation 5(3) of the Town and Country Planning (Control of Advertisements) Regulations 2013.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 10.02.2025. _________________________________________________________________ Interested Person Status None _________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application relates to Unit 46, Spring Valley Industrial Estate, which sits to the eastern end of the estate, and on a cul de sac which sits adjacent the residential properties

• within Hilltop View, Farmhill, Douglas, which sits northwest of the block of industrial units to which the site belongs.
• 1.2 The unit, like its adjoining units are finished in a mixture of painted render on the lower wall section and metal grey cladding above. The unit has a number of windows on the southeast (front) and southwest (side) elevation of the building.
• 1.3 There are five parking space provisions for the site, one of which is designated for mobility impaired parking. A loading bay is provided at the area directly in front of the roller shutter door that serves the unit. On-street parking is allowed within the vicinity of the industrial unit.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of non-illuminated sign to the front elevation of the unit.

3.0 PLANNING POLICY - 3.1 The application site is within an area designated as 'Industrial' under the Area Plan for the East 2020. The site is not within a conservation area nor are there any registered trees or groups of trees in the area. The site is not identified as being at flood risk. - 3.2 The Control of Advertisements Regulations 2013 make it 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. - 3.3 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.4 Paragraph 6.6.2 (Advertisements) of the Strategic Plan notes that well designed and sensitively sited advertisements can contribute positively to the character of a building or area and can help the public, whilst those which are too bright, over large or poorly sited may endanger highway safety by distraction and may, individually or cumulatively, detract from amenity by intrusion, clutter, visual confusion or by masking features of interest. - 3.5 General Policy 6 states that "Within our town 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;
• (c) are located so as not to cause highway safety hazard."

3.6 General Policy 7 states that "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." - 3.7 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.8 Regulation 5(3) of the Town and Country Planning (Control of Advertisements) Regulations 2013 reads as follows: "Unless it appears to the Department to be required in the interests of amenity or public safety, an express consent for the display of advertisements must not contain any limitation or restriction relating to the subject matter, content or design of what is to be displayed".

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of a number of planning application; however, only the following is considered relevant in the determination of this application; - 4.2 Change of use to include the display, sale, storage & distribution, maintenance, assembly & repair of disability equipment - 24/91125/C - APPROVED

5.0 REPRESENTATIONS - 5.1 Braddan Commissioners have no objection (10.04.25) - 5.2 Highways Services have commented there is no highway interest (20.03.2025).

6.0 ASSESSMENT - 6.1 The Strategic Plan is explicitly clear through its policies (GP6&7) in how it expects applications for advertisements to be considered. In that those adverts should relate to the specific uses of the building to which they are attached. Advertisements that are not related to the land or building to which they are generally attached are considered not acceptable. The rationale is to prevent an unwarranted proliferation of adverts that could compromise the appearance and attractiveness of the town and villages. However, these policies can only be applied within the parameters of the legislation as noted above and so are limited to impacts in terms of amenity and public safety.

6.3 The proposed signage relates the recently approved use of the building for the display, sale, storage & distribution, maintenance, assembly & repair of disability equipment. The nonilluminated signage is appropriate in design and size and raises no concerns. The proposal complies with GP 2, 6 & 7 of the IOMSP. - 6.4 There are no concerns forma highway safety grounds. On this basis and as there is no objection from highways, it is considered the proposal would comply with General Policy 6(c) & Gp2h and would not cause a highway safety hazard.

7.0 CONCLUSION - 7.1 For the above reasons, the application is recommended for approval as it is considered the proposed non-illuminated sign would not harm the character of the area or the highway network or public or private amenities and would comply with General Policy 2, General Policy 6 a,b,c; and General Policy 7 and Regulation 5(3) of the Town and Country Planning (Control of Advertisements) Regulations 2013. - 7.2 It is recommend the application is approved.

8.0 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;
• (f) The Ports Division of the Department;
• (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 decision maker 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 above who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management 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, and/or rights to appeal.

Decision Made : Permitted Date : 30.04.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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