**Document:** Planning Officer Report **Application:** 11/01592/D — Erection of an awning **Decision:** Permitted **Decision Date:** 2012-01-05 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1950-braddan-40-duke-street-awning/documents/1260922 --- # Planning Officer Report Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ### Officer's Report #### The Application Site 1. The application site is the commercial curtilage of a four storey building on Duke Street close to the junction of Victoria Street, Douglas. The building is adjoining to the corner building on Duke Street, 'Cowley Groves' and adjacent to the Harmony Homes building. Duke Street is restricted to pedestrians and is the main shopping area in Douglas. #### The Proposal 2. The proposal comprises the erection of an awning. #### Planning History 3. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application: PA 06/00018/B: Installation of UPVC casement windows to replace existing on front and rear elevations. This previous planning application was permitted. #### Planning Policy 4. In terms of local plan policy, the application site is within an area recognised as being within predominantly shopping use under the Douglas Local Plan Order 1989. The site is also on the periphery of the designated conservation area for Douglas. There are two policies that are relevant to this application: Policy 2.3 states: "It is proposed that ground level frontages will be of a retail nature and that the upper levels will be regarded as appropriate for offices or car parking where this is desirable and feasible." Policy 9.4 states: "The policy will include measures to improve the standard and quality of: i) The use of colour. ii) Design of shop fronts. iii) Street furniture, eg: a) Litter bins; [Table omitted in markdown export] b) Bollards; c) Street lighting; d) Advertisement; e) Vacant and derelict buildings, their future use; f) Traffic; and g) Surface treatment of roads/pedestrian use." 5. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that is considered specifically material to the assessment of this current planning application. ### 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." ### General Policy 6 states: "Within our towns 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; and c) are located so as to not cause a highway safety hazard" ### Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." ### Paragraph 7.31.1 states: "Some advertisements found and proposed in Conservation Areas are inappropriate and do not reflect the special character and designation of the area. The design of advertisements should respect the physical appearance of the premises in order to integrate readily with its surroundings. Traditional details, hanging signs and hand painted signage are most appropriate and will be encouraged" Environmental Policy 37 states: "As a general policy, advertisements within Conservation Area will only be permitted is: i) the proposal preserves or enhances the Conservation Area; ii) the signage is in a style appropriate to the character of the area; iii) traditional materials and finishes are used and glossy and highly reflected materials are excluded proposals; and iv) internally illuminated box fascia and projecting box signs are excluded from the proposals." ### Representations 6. Douglas Borough Council have no objections to the proposal. 7. Highways Division have no objections on the grounds that the awning is 2.3m above ground level. ### Assessment 8. The planning application seeks approval for erection of an awning style canopy sign; fixed to the wall at the front of the building. It is permanent, measuring of 5400 x 1000mm and projecting 600mm from the wall. The frame of the awning will be aluminium and the material will be black canvas with a white 'Downtown' logo printed on. The proposal is considered to add character to the building and integrates a traditional style to Duke Street. 9. In respect of the proposal on the Conservation Area it is considered that the awning is a relatively modest addition to the building and would be an acceptable form of development as it will not have an undue impact on the building and is judged to enhance the character of the dwelling. The awning proposed respects the site and the surrounding area as there are a number of awnings on adjacent buildings. Going south from the application site is Fenton Campbell butchers, which has a green awning as does the Executive Barber Shop. Peter Luis at the end of Duke Street adjoining Lord Street has a Purple awning. Heading north from the application is The Manx Buttery which has a brown and cream awning, Clucas Florists has a black awning and then Pattercake Bakery has a green and white awning. All these buildings are in close proximity of the application site. 10. As regard to the height of the awning above the ground level, it was measured at approx between 2.3 to 2.5m and is therefore in accordance with the Highways Division condition. The proposal is not considered to harm public or private amenity and has no impact on highway safety. In this instance, the proposal is in accordance with Policies 2.3 and 9.4 of the Douglas Local Plan and General Policy 2 and 6, Environmental Policy 35 and 37 and paragraph 7.31.1 of the Isle of Man Strategic Plan 2007. 11. The proposal is not considered to affect any other obvious material planning consideration. ### Recommendation 12. It is recommended that the planning application be permitted. ### Party Status 13. The local authority is, Douglas Borough Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. 14. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 22.12.2011 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to drawing showing Location Plan and Awning Measurements date stamped 14th Novemeber 2011. C 3. The awning must be no less than 2.3m above ground level. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. **Decision Made:** Permitted **Date:** 3 January 2012 ### Determining officer (delete as appropriate) Signed: _________________________ Anthony Holmes Senior Planning Officer Signed: _________________________ Michael Gallagher Director of Planning and Building Control Signed: _________________________ Sarah Corlett Senior Planning Officer Signed: _________________________ Jennifer Chance Development Control Manager --- *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/1950-braddan-40-duke-street-awning/documents/1260922*