**Document:** DEC Decision Notice
**Application:** 23/01294/B — New architectural lighting to be installed to Lord Street, Bank Hill and Rear Elevation (Rear Elevation visible from North/South Quay). Illumination is set to be from first floor level to roof. Application is also to include the replacement of the pillar top lights on both the Lord Street and Bank Hill sides to the building.
**Decision:** Permitted
**Decision Date:** 2024-02-08
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/56803-braddan-clinch-s-house-replacement-roof/documents/1108424

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# DEC Decision Notice

Luminaires Mr Howard Wood The Old Bakery, Victoria Road Victoria Road Douglas IM2 4HD

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Bubble Limited, Ref 23/01294/B, for the New architectural lighting to be installed to Lord Street, Bank Hill and Rear Elevation (Rear Elevation visible from North/South Quay). Illumination is set to be from first floor level to roof. Application is also to include the replacement of the pillar top lights on both the Lord Street and Bank Hill sides to the building. at Clinch's House Lord Street Douglas Isle Of Man IM99 1RZ .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

- 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.

- 2. For the wall lighting and 'bubble' signs:

NO LIGHTING EFFECTS: There shall be no special effects (including changing colours, traffic signal light colours, flashing or strobe lighting effects) of any kind during the time that any wall lights are on.

LUMINANCE LEVEL: At no time shall the Luminance level of the lighting and signs exceed the thresholds contained within the Institute of Lighting Professionals (ILP) guidance document GN09 - Domestic Exterior Lighting (or any subsequent amendment/replacement to this guidance) and the Institute of Lighting Professionals (ILP) guidance document PLG05 - The Brightness of Illuminated Advertisements (or any subsequent amendment/replacement to this guidance).

Reason: In the interests of visual amenity and highway safety.

- 3. For the advertising display board on Lord Street/Bank Hill Frontage (if proposed as appears on the image):

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.

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).

Reason: In the interests of visual amenity and highway safety. The development shall be carried out in accordance with the following approved plans and documents:

- 1. Site Location Plan - dwg ref : P2070231009-01P - Scale 1:1250
- 2. Site Plan - dwg ref : P2070231009-02P - Scale 1:200
- 3. Schedule of lights - ref Schedule of Luminaires
- 4. Lord Street Elevation artist representation with all lights on
- 5. Lord Street/Bank Hill elevations, artist representation with washing lights off and linear lights on
- 6. Bank Hill/ Rear Elevation, artist representation with washing/linear lights on bank hill side and just linear lights on rear elevation
- 7. Elevations Page 1 with dimensions - dwg ref: P2070231009-07E - Scale 1:100
- 8. Elevations Page 2 with dimensions - dwg ref: P2070231009-08E - Scale 1:100 All stamped received and dated 6th November, 2023.

This decision has been made for the following reasons(s) It is considered that the application does not conflict with General Policy 2 and Environment Policy 37 and has no adverse impact upon public or private amenities or on the character and appearance of the Conservation Area.

Date of Issue: 8th February 2024

## J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/56803-braddan-clinch-s-house-replacement-roof/documents/1108424*
