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23/00601/D Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00601/D Applicant : Lanz Investments Limited Proposal Erection of two digital advertising screens Site Address Car Park And Park House Isle Of Man Business Park Douglas Isle Of Man IM2 2QZ
Case Officer :
Mr Chris Balmer Photo Taken :
16.02.2024 Site Visit :
16.02.2024 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 19.02.2024 Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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.
C 2. There shall be no moving images or special effects of any kind during the time that any message is displayed, including noise, smell, smoke, animation, flashing, scrolling, three- dimensional, intermittent or video elements.
Reason: In the interests of amenity and road safety
C 3. The transition between successive displays shall be instantaneous (the complete screen shall change in 0.1 seconds or less). There shall be no visual effects between different displays, including swiping or other animated transition methods.
Reason: In the interests of amenity and road safety.
C 4. 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 the display of interactive messages.
Reason: In the interests of amenity and road safety.
C 5. The signboard shall incorporate a mechanism to ensure that, in the event of a breakdown, the display will default to a blank black screen, with no flashing error message or pixilation.
Reason: In the interests of amenity and road safety.
C 6. The screen shall at all times be fitted with a light sensor, to adjust the brightness of the display to changes in ambient light levels. At no time shall the luminance of the display
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exceed the thresholds contained within the Institute of Lighting Professionals guidance document PLG05 (The Brightness of Illuminated Advertisements 2015) or any subsequent amendment/replacement of that guidance (set at 600cd/m2 for daylight and 300cd/m2for hours of darkness.
Reason: In the interests of amenity and road safety.
C 7. The display shall be turned off and replaced by a blank black screen between the hours of 11pm and 7am daily.
Reason: In the interests of the character of the streetscene and protect neighbouring residential amenities.
C 8. The visibility splay(s) identified on drawing 306/002b; shall be provided in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.
Reason: In the interests of highway safety.
Reason for approval: The application is recommended for approval as it is considered the proposed digital signs 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 subject to the appropriate worded conditions.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION FROM THE LOCAL AUTHORITY
1.0 THE SITE 1.1 The application site is the curtilage of a strip of land measuring 17.5m in width and a depth of 3.4m which runs parallel with the A6 road which runs through the IOM Business Park from Vicarage Road to the roundabout at Cooil Road. The site is immediately to the south of the access to small cluster of commercial buildings, nursey, shop, pub/restaurant and car sales garage. Within the applicants ownership is Park House (current under extension/renovation) and the car park.
1.2 Currently the strip of land in question accommodates low level landscaping.
2.0 THE PROPOSAL 2.1 The application seeks approval for two digital advertising screens which are free- standing outdoor Digital LED media display measuring a screen size of 3.5m wide and 2.1m high. The total height of screens and post with they are attached to would result in the top of the screen being 3.1m above ground level. The two signs are set at an angle to the road.
2.2 The applicants have confirmed the screen would not contain moving images (video) or animation that could compromise Highway safety but will be a static slides and would be switched off between 11pm and 7am daily.
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2.3 It should be noted that the proposal was initially for a single larger screen. Concerns were raised by the Department of the size of the screen (5m x 3m). Following discussions, an amendment was made for two smaller individual screens. A further amendment of the two screens where made following concerns of visibility splays by Highway Services. Accordingly the current proposal for two smaller signs where re-submitted and position altered slightly, to ensure visibly splays of 2.4m x 43m can be achieved when exiting the site looking right (towards roundabout).
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;
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(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 not been the subject of any planning history.
4.3 It would also be pertinent to consider previous planning applications for the same form of advertising media signage installed within and around the Douglas area;
4.1 22/00115/D - Installation of a digital advertising display - 5 South Quay, Douglas. Approved.
4.2 20/01481/D - Replacement of an existing large static illuminated advertising signage with a large freestanding Digital Media LED advertising sign. Junction of Pulrose Road And Peel Road, Hills Meadow Douglas. Approved.
4.3 20/00500/D - Installation of digital signboard, 22 - 24 Ridgeway Street. Approved at Appeal, "For the above reasons, I consider that the appeal should be allowed, and that express consent should be granted. At the inquiry, there was agreement between the Planning Authority and the Appellants that, if express consent were to be granted, it would be appropriate to impose a number of conditions, many of which had previously be suggested by Highway Services in the interests of road safety, or were otherwise necessary in the interests of amenity. I concur that such conditions should be imposed".
4.4 16/00949/D - Erection of a digital advertisement board. 44 Strand Street, Douglas. Approved at Appeal (30/05/17). The inspector approved a digital display screen measuring 1.9m high by 2.6m wide and 11.4 centimetres in frame depth, installed at first floor level. The sign would be of a non-flashing type and its level of illumination and hours of operation controlled by planning conditions.
4.5 16/01024/D - Installation of a digital sign (retrospective) Skanco Court, Cooil Road. Douglas. Approved. This sign is fixed to the south-eastern flank wall of Skanco Court, facing the access road to the Spring Valley Industrial Estate. It consists of a liquid crystal display (LCD) panel within a black frame, mounted about 3m above ground level. The panel has a height of about 1.5m and a width of about 6.1m. It shows static, coloured images, which change in a continuous cycle, with each image remaining on the screen for a few seconds.
4.6 12/00604/D - Erection of illuminated signage Sea Terminal Building, Victoria Pier, Douglas. Approved. The inspector concluded "there would be no material harm to visual amenity and that the character and the overall appearance of the Conservation Area would each be preserved" in accordance with General Policy 6 and Environment Policy 7.
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5.0 REPRESENTATIONS 5.1 Braddan Commissioners have objected (24.01.2023) on the following grounds; "With reference to the application below, the Commissioners wished to object to this application as they felt that the illuminated sign would cause light pollution. They felt it would be unneighbourly to residential homes opposite the site and had concerns that the visibility displays would be impacted as vehicles exiting the car park would be unable to see lights from cars approaching from the right."
5.2 Highways Services have commented (24.05.2023); "Highway Services HDC have reviewed the updated information for application 23/00601/D dated 22 Dec 2023 online and provide the following comments:
Therefore, the applicant needs to address the above comments before HDC will not oppose the application."
5.2.1 Following additional information Highway Services commented (25.01.2024): "Highway Services HDC have reviewed the updated information for planning application 23/00601/D dated 23 Jan 2024 online and provide the following comments: 1. The layout plan is now acceptable taking into my comments on the 22 Dec 2023. Therefore, HDC do no oppose (DNOC) the application subject to the conditions requested on the 24 May 2023 by HDC attached to permission."
5.2.2 It should be noted that the conditions suggested by Highway Services have been included.
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 (GP6b & Gp2bc); (iii) impact on highways (Gp6c & Gp2h); and
(iv) potential impact upon neighbouring amenities (Gp2g).
(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 In applying the above, the complex nature of these types of applications and the emergence of digital advertising that has previously been approval at appeal are relevant and explored below.
6.4 With regard to the digital sign permitted on Falcon House, Ridgeway Street, that sat within a conservation area, the inspector approved the application at appeal and gave weight, in their report at paragraph 21; "I attach weight to the fact that a sensor incorporated in the
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proposed digital sign would facilitate control of the brilliance of the illumination from time to time, in line with the ambient level of lighting in the surrounding area. Furthermore, the proposed digital signboard could be subject to a condition requiring that it be switched off late at night. The existing illuminated sign is not subject to either of these controls. I consider that, having regard to these benefits, the replacement of the existing illuminated signboard with the proposed digital sign would make a positive contribution to the character and appearance of the Conservation Area".
6.5 Turning to the digital advertisement board located on the building 44 Strand Street (para.4.3) at first floor level. The inspector, in their report at paragraph 41, deviated from the planning polices (GP6&7) on the basis, the proposed signage would not appear out of keeping in this modern, highly commercial context and the sign would be a 'state-of-the-art' unit in common use elsewhere and would thus comply with GP6. The inspector further notes at paragraph 42, "I note that GP7 is framed in general terms and imposes no absolute prohibition on signs unrelated to the host building. At the same time GP7 appears to be in some conflict with the prevailing Regulation 5 of the Control of Advertisement Regulations". And at paragraph 43; "the proposed digital board would replace an existing, lawful conventional, fixed advertisement in essentially the same position. By displaying a variety of images, it would tend to reduce proliferation of signage elsewhere. These factors mitigate any potential net impact the sign would have".
6.6 With regard to the Skanco appeal (para. 4.4) the inspector, in the report at paragraph 13 surmised; "General Policy 7 of the Strategic Plan indicates that, in settlements, the display of advertisements on sites or buildings to which they do not relate will not generally be permitted. This provides a basis for the refusal of consent for a proliferation of advertisements that have no particular relationship to the area in which they would be located, and plainly serves the interests of amenity. However, in my view, it provides no basis for the imposition of a condition limiting the subject matter of an advertisement for which express consent has been granted, contrary to Regulation 5(3) of the Control of Advertisement Regulations 2013".
6.7 Turning to GP7 and the previous considerations concerning the conflict with the Regulation 5(3) of the Control of Advertisement Regulations 2013, whilst the content of the sign will not necessary relate to the building/commercial properties in the area (albeit it could), it has previously been interpreted that express consent has already been granted and the policy is not written in absolute terms and a degree of leniency in the past has been allowed. In this case the proposal would have a neutral impact on this basis of relevancy of content to the building, it would be seen against the backdrop and adjacent to a commercial area set within the IOM Business Park.
6.8 To sum up the above paragraphs and the previous interpretations of GP6&7 based on previous decisions; the proposed digital display screens as previously considered is deemed as high quality digital display media and would be considered acceptable to the first part of GP6(a) parts (b&c) will be discussed separately.
6.9 On the basis of the above the principle of using a digital display media signage is deemed acceptable to General Policy 6(a) and GP7 on this site, particularly given its proximity to the small cluster of commercial business and being within IOM Business Park.
(ii) visual impact of the proposed signage 6.10 It must be remembered that the proposed digital signs will only be apparent when travelling immediately past the site. It would not be apparent form any distance views, only in the immediate area.
6.11 As mentioned the proposed signs would be read against the backdrop the small cluster of commercial business and recently extended office building (applicant's ownership) and being
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within IOM Business Park. Accordingly, while this type of signage is not especially common on the IOM, it is not unique to places in the adjacent Isles.
6.12 The size of the screen of the signs (3.5m wide and 2.1m high) would be not be significant in scale to the overall frontage of the site. It is noted that there are signs along this stretch of the A6 close to the application site, namely the car sales garages which have a number of taller signs, albeit these are not digital signs. Accordingly, advertisement signs are not an uncommon feature in the immediate area.
6.13 Weight is given to the fact the sign will be limited in its hours of operation and would be switched off between 11pm and 7am daily, displaying a black screen which would be in keeping with the finish colour of the building. It is further noted there has not been any objections from neighbouring properties to the proposal and on balance, in this instance, the proposal would be applicable to GP6b and Gp2 b&c.
(iii) Impact on highways 6.14 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 now the application has been amended nor do they consider the proposed signage and media is hazardous to the use of the highway. They do however seek a number of conditions limiting the media or images and brightness levels, essentially no brighter than the street lighting. 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.
(iv) Potential impact upon neighbouring amenities 6.15 The two closest properties to the application site are Nr 1 & 2 Ballacottier Meadow which are to the east and south east of the proposed signs. Nr 1 is located immediately opposite the signs, located approximately 34m from the closest point of one of the signs. Between the signage and Nr 1 is the A6 road, a landscaped strip (including hedgerow) and the estate road of Ballacottier Meadow. There is also street light (on Ballacottier Meadow) located immediately in the line of sight of Nr 1 to the signs. There are also two street lights along the A6 road in proximity to the proposed signs. In relation to this property it is considered; the distance between the windows of this property and the signage, positions of existing street lighting and conditions attached to any approval, especially hours of operation and brightness, will all ensure there is no significant impacts to warrant a refusal.
6.16 The second property Nr 2 is located approximately 21.5m from the closest sign. This property does not directly look towards the site, rather the views from any windows would be angled views. The windows of Nr 2 look directly towards the street light along Ballacottier Meadow. Given the orientation, distance and again the conditions proposed to be attached, it is considered there would be no significant impact to warrant a refusal.
6.17 Overall, it is considered the proposal would comply with General Policy Gp2g and not have a significant adverse impacts upon neighbouring residential amenities.
7.0 CONCLUSION 7.1 For the above reasons, the application is recommended for approval as it is considered the proposed digital signs 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 subject to the appropriate worded conditions.
7.2 It is recommend the Advertisement Consent Application is approved.
8.0 INTERESTED PERSON STATUS
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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 Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Refused... Committee Meeting Date:...26.02.2024
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
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PLANNING COMMITTEE DECISION 26.02.2024
Application No 23/00601/D Applicant Lanz Investments Limited Proposal Erection of two digital advertising screens Site Address Car Park And Park House Isle Of Man Business Park Douglas Isle Of Man IM2 2QZ
Principal Planner Mr Chris Balmer Presenting Officer As above Addendum to the Officer Report
The Planning Committee did not accept the recommendation of the Case Officer and refused the application for the following reasons;
R 1. The two digital advertising screens given their size, design and position in relation to the two nearby junctions, a Zebra crossing and the corner of the road approaching the site to the south would cause a distraction to road users resulting in a significant highway safety concerns/public safety contrary to the Town And Country Planning (Control Of Advertisements) Regulations 2013 and General Policy 2 & 6 of the Isle of Man Strategic Plan 2016.
R 2. The two digital advertising screens given their size, design and position would result in an detrimental and adverse impact upon amenities of the street scene and character of the area which is made up of commercial but also residential properties and therefore contrary to the Town And Country Planning (Control Of Advertisements) Regulations 2013 and General Policy 2 & 6 of the Isle of Man Strategic Plan 2016.
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