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25/00405/D
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/00405/D Applicant : Lemac Limited Proposal : Installation of illuminated signage Site Address : 25 South Quay Douglas Isle Of Man IM1 5AR
Principal Planner: Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 03.07.2025 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed signage does not relate to an approved development or use and physically cannot be installed therefore contrary to General Policy 6 a & b and General Policy 7.
R 2. It is considered the proposed illuminated signs would harm the amenities of the area and impact upon important views from the adjacent Conservation Area contrary to General Policy 2 and Environment Policy 36. __ Interested Person Status
None __
Officer’s Report
1.0 THE SITE 1.1 The site 25 South Quay, Douglas until recent times had an industrial unit on the site which was recently demolished. The site is within a wider industrial/commercial area and to the rear is a steep bank. The site has an existing access onto South Quay. The site has now been cleared and a concreted surface has been laid.
2.0 THE PROPOSAL 2.1 The application seeks approval for the installation of illuminated signage. The signage spells the name of the company "Lemac Power" with 400mm x 400mm x 75mm lettering in green and white. A logo is also proposed in front of the name with a 300mm radius x 75mm in Green. All are illuminated.
3.0 PLANNING POLICY
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3.1 The site lies within an area of "Mixed Use Proposals Area - Quayside" and "Proposed Comprehensive Treatment Area - 3. Riverside and Peel Road" on the Area Plan for the East 2020. The site is not within a Conservation Area, but is opposite of North Quay Conservation Area. The Northern part of the site is within an area identified as being at high tidal flood risk (2017 flood maps).
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;
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(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 Change of use to electric vehicle charging station with erection of solar panels, twelve charging bays, installation of storage containers and creation of new vehicular access - 25/90205/B - Refused (no appeal made) on the following grounds; "R 1. The proposed use as an electric vehicle charging station car park business would not be in accordance with the land use designations and Mixed Use Proposal 7 of the Area Plan for the East 2020. Furthermore, such use would likely also detract from neighbouring sites from being development in compliance of Mixed Use Proposal 7, given the proposed use and appearance of the site in question.
R 2. The proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of North Quay Conservation Area.
R 3. The use of the site as an electric vehicle charging station car park would reduce the likelihood of a prominent brownfield site being brought forward and this would be contrary to Strategic Policy 1 of the IOM Strategic Plan 2016."
5.0 REPRESENTATIONS 5.1 Highways Services have commented (29.05.2023); "No objection".
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
(i) the principle of the signage (GP6a) & (GP7);
(ii) visual impact on the character of the area/adjacent Conservation Area (GP6b & Gp2bc & EP36); (iii) impact on highways (Gp6c & Gp2h); and
(i) the principle of the signage 6.2 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 Having said this, the refusal of PA 25/90205/B is a material consideration, given the proposed signage can't be physically installed (requires canopies and structures which were refused) and also the signage would not relate to an approved use on the site. Accordingly, the proposal would be contrary to GP6&7.
(ii) Visual impact on the character of the area/adjacent Conservation Area
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6.4 As outlined previously PA 25/90205/B was refused, one reason being; "The proposal would be contrary to Environment Policy 36 and General Policy 2 as the proposal would detrimentally affect important views into and out of North Quay Conservation Area.". The inclusion of illuminated signage would only further highlight the unacceptable development and the visual harm it has upon the North Quay Conservation Area opposite. Accordingly, it is considered the proposal would have a detrimental effect upon important views into and out of the Conservation Area contrary to Environment Policy 36 and General Policy 2.
(iii) Impact on highways 6.5 The main aspect to this proposal is of safety of the users of the highways (pedestrian footpath and carriageway) who may be viewing the proposed sign. It is noted that Highway Services do not object to the application nor do they consider the proposed signage and media is hazardous to the use of the highway. 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 Regulation 5(3) of the Town and Country Planning and would not cause a highway safety hazard.
7.0 CONCLUSION 7.1 For the above reasons, the application is recommended for refusal as it is considered the proposed illuminated signs would harm the amenities of the area, impact upon important views from the adjacent Conservation Area contrary to General Policy 2 and Environment Policy 36. Furthermore, the proposed signage to not relate to an approved development or use and physically cannot be installed therefore contrary to General Policy 6 a & b and General Policy 7.
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 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 and/or rights to appeal.
Decision Made : Refused Date: 03.07.2025
Determining Officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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