Officer Report 10/01588/CON

Planning Report And Recommendations {{table:408000}}

Officer's Report

1. This is a joint report which assesses the merits a planning application and a Registered Building Consent application.

The Site

1. The application site is Kings Guest House, Erin Brae, located on Queens Promenade. The site is located within the Douglas Promenades Conservation Area. The property is a Registered Building (RB 177).

Proposed Development

1. The applications are seeking registered building consent and express consent for the continued display advertisements at the site. The signage are as follows:

1) A 2.55m x 500mm sign on the side boundary wall 2) A 1.07m x 1.2m sign on a pole at the front of the property 3) A 1.025m x 1.785m x 877mm canopy

Planning Status And Relevant Policies

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 4, General Policies 2, and 6, Environment Policies 32, 35 and 37,

1. 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 materials 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 not to cause a highway safety hazard.

1. Environment Policy 32 states that "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."
2. Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development."

1. Environment Policy 37 states that "As a general policy, advertisements within Conservation Areas will be permitted only if:

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 reflective materials are excluded from proposals; and iv) internally illuminated box fascia and projecting box signs are excluded from the proposals.

1. Section 16(3) of the Town and Country Planning Act 1999 states that "In considering whether to grant planning approval for development which affects a registered building or its setting, or whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."
2. Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

Planning History

1. There have been a number of applications on the site; however, only one is considered relevant in the consideration of this application:

92/00817/D - Provision of advertising sign - granted.

Representations

1. Douglas Corporation and the Department of Infrastructure Highways Division have not objected to the application.
2. The Tourism Division of the Department of Economic Development advises the proposal is in sympathy with their policy to encourage quality Guest Accommodation. The Tourism Division fully supports the applications.
3. Mr Robertshaw MHK sought background information on the applications.

ASSESSMENT <br> CONSERVATION OFFICER'S SUPPLEMENTARY REPORT:

1. As the application site is a Registered Building located within the Douglas Promenade Conservation Area, designated in 2003, the content of this application has been considered with particular regard to RB/3: GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS and POLICY RB/5 ALTERATIONS AND EXTENSIONS and Policy CA/2 SPECIAL PLANNING CONSIDERATIONS as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man in tandem with Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2007 (20th June 2007).
2. "Planning Policy Statement 1/01 RB/3: General Criteria Applied in Considering Registered Building Applications
3. The issues that are generally relevant to the consideration of all registered building applications are:

• The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;

• The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

18. RB/5: Alterations and Extensions

In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

1. Environment Policy 32 states "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."
2. Environment 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."
3. Policy CA/2 - Special Planning Considerations states

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

1. Proposed are three number signs advertising King's Guest House. A perusal of the Registered Building File confirms that signs have been in place to the flank wall and on the post to the front boundary for some time. The replacement of these signs with items of similar size and content is not considered to cause any further negative visual impact on either the Registered Building, or the Promenade Conservation Area within which it sits. However, the addition of the awning over the entrance door is considered to have a detrimental impact. Whilst it is accepted that the previously

mentioned signage has been in place for some time, the awning adds to the visual clutter and also obscures the fanlight over the door, part of the historic and architectural interest of the property.

1. In conclusion, the contentious issue is the awning to the frontage of the property. This element of the application is considered to be detrimental to the character of the both the Registered Building and the Conservation Area within which it sits.

Planning Officer Assessment

1. The key issue is whether the retention of the advertisements would adversely affect the setting of a registered building and whether the advertisements would adversely affect the character and appearance of the Conservation Area.
2. In respect of the advertisement on a freestanding pole at the front of the property, the sign is a replacement sign. The previous sign was rather bland and unattractive, as it was affectively a square board on a pole. The replacement sign has decorative metal work surround. The replacement sign is more attractive and is a considerable improvement on the previous sign. It is considered that retention of the freestanding pole and sign would enhance the character and appearance of the Conservation and would not adversely affect the setting of a registered building.
3. In respect of the display of a sign on the front side boundary wall, it should be noted that a sign was previous displayed in the same location as the current sign. It is believed the sign was larger than the current sign. The sign causes some harm to the character and appearance of the conservation area and the setting of the registered building. However, the Conservation Officer is content with the retention of the replacement sign, as there was a previous sign in that location and the sign is slightly smaller than the previous sign.
4. In respect of the retention of the canopy, it should be noted that the Planning Authority has tried to encourage the applicant to remove the canopy from the applications; however, the applicant wishes to retain the canopy and has asked that the application proceed as submitted.
5. This is a new feature to the site and has been erected above the main entrance to the building. The advertising canopy obscures the fanlight over the main entrance door. The canopy appears as a tacked on addition to the building and essentially is an alien feature to the building. It is considered that no thought has been taken in how the canopy would impact on the setting of the registered building and the character and appearance of the Conservation Area.
6. It is judged that the retention of the canopy would not ensure that the special features contributing to the character of the Conservation Area are preserved or enhanced and would adversely affect the setting of the registered building. It is considered this proposal would not comply with Environment Policies 32, 35 and 37 of Isle of Man Strategic Plan 2007.

Recommendation:

1. It is recommended that the applications for Registered Building Consent and express consent be refused.

Party Status

1. The local authority are, by virtue of The Control of Advertisement 2005, Regulation 9 (5) (c) and The Registered Building Regulations 2005, Regulation 8 (5) (e), considered "interested persons" and as such should be afforded party status.
2. The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
3. Mr Robertshaw MHK and the Tourism Division of the Department of Economic Development, does not have sufficient interest in the site and therefore should not be afforded party status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 06.10.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

R 1 . The erection of an advertising canopy would be contrary to General Policy 2 and Environment Policies 32, 35 and 37 of the Isle of Man Strategic Plan 2007 in that the canopy appears as a tacked on addition to the building and essentially is an alien feature to the building. It is judged that the retention of the canopy would adversely affect the setting of the registered building.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made : Refused Date :

Signed : Michael Gallagher Director of Planning and Building Control

OR Signed : Jennifer Chance Development Control Manager