DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00786/D Applicant: Hartford Homes Ltd Proposal: Installation of a non Illuminated Site Sales Board Site Address: Bayqueen Hotel The Promenade Port St Mary Isle Of Man IM9 5DG Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.09.2022

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. There shall be no internal or external illumination of the signage hereby approved. Reason: for the avoidance of doubt and in the interest of the amenity of the neighbours.
• C 3. In the event that the signage hereby approved is no longer required, the signage and any associated supports including below ground shall be removed within 6 months and the ground restored to its former condition. Reason: to avoid the accumulation of unwarranted structures in the interest of visual amenity.

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

The installation of the non-illuminated signage on the site complies with The Control of Advertisements Regulations 2013 and is also in accordance with General Policy 6 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 19th July 2022; o Drawing No. 30

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is a plot of land within the curtilage of the previous Bay Queen Hotel, which has now been demolished. THE PROPOSAL - 2.1 Proposed is the installation of a non-illuminated sales sign for the sale of residential development on the application site. The sign will be 2.4m by 4.8m, placed over a proposed boundary wall that would be 1.1m high. The sign would be mounted on plywood and treated SW posts.

2.2 The proposed sign is to be installed on the western side of the overall site, with the sign showing a photo of the finished apartments for sale, the property firm logo, name and address of the apartments. PLANNING HISTORY - 3.1 There are several previous applications upon the site, of which the below are in relation to the proposed apartments upon the signage;

3.2 PA21/00085/GB - Demolition of registered building and substation and construction of building to provide 23 apartments and cafe/spa/wellness/gym with associated car parking, landscaping and substation (amendments to previously approved PA18/00637/GB and in association with approved 18/00638/CON) and additional use of ground floor apartments as tourist accommodation - Permitted.

3.3 PA21/00083/MCH - Minor Change application to PA 18/00637/GB involving the reduction of apartment numbers from 17 to 11 and amendments to elevations and finishes to approved rear apartment block building - Permitted. - 3.4 PA18/00638/CON - Registered Building Consent for the demolition of existing building and construction of two buildings containing a total of 45 apartments and a restaurant, including car parking, landscaping and new sub-station - RB 183 (in connection with application

• 18/00637/GB) - Permitted.

3.5 PA18/00637/GB - Demolition of existing building and sub-station, and construction of two buildings containing a total of 45 apartments and a restaurant, including car parking, landscaping and new sub-station (in connection with registered building application

• 18/00638/CON) - Permitted.

PLANNING POLICY 4.1 The site lies within an area zoned as Proposed Residential on the Area Plan for the South, Map 7 - Port St Mary. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 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.

4.3 Further to the above it is relevant to assess the application under General Policy 2 which sets out general development standards, General Policy 6 which sets out what is expected for the display 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. REPRESENTATIONS - 5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and state, "Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." (11.09.22)

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

ASSESSMENT 6.1 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.

6.2 Further to this paragraph 6.6.2 of the IOM Strategic Plan 2016 makes it clear that "within our towns and villages, well designed and sensitively sited advertisements can contribute positively to the character of a building or area, and can be of help to the general public. However, advertisements which are too bright, overlarge or poorly sited may endanger safety by distracting or confusing highway users and may, both individually and cumulatively, detract from amenity by being intrusive, by introducing clutter and visual confusion or by masking features of interest or attraction". Paragraph 6.6.3 furthers on this stating that "within rural areas, advertisements can be disruptive features which affect adversely the appearance of the landscape and the countryside. Lighting can pollute the night sky, and may be contrary to nature conservation interests".

6.3 The site in which the proposed sign is going to be erected is to the far western part of the plot, as such whilst the signage is situated away from the building works, it is situated in an area of context once the building works are fully in place for the apartments situated behind the signage.

6.4 Overall the sign is considered to be of acceptable size and scale so as to be readable by passing public without causing distraction or any new highway safety issues. The sign would not contain any illumination and as such it is considered the design and siting of the sign is acceptable and would comply with General Policies 6 and 7 and would meets the general standards set out in The Control of Advertisements Regulations 2013. CONCLUSION - 7.1 Overall it is considered that the size, scale, siting and design of the sign is acceptable and relates to the coffee shop within the commercial building adjacent, and would have no adverse visual or amenity harm to the public or public safety. The application would accord with The Control of Advertisements Regulations 2013, as well as meeting with the principles of General Policies 6, 7 and 8 of the IOM Strategic Plan 2016.

7.2 For the avoidance of doubt there shall be two conditions added, one to ensure no illumination and a second to require its removal in the event that it is no longer needed. INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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.

Decision Made : Permitted Date: 02.09.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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.