DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/00957/D Applicant: Leonard Curtis Limited Proposal: Installation of non-illuminated signage (in association with PA 24/00958/CON) Site Address: Douglas Chambers North Quay Douglas Isle Of Man Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.09.2024 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to 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. This application has been recommended for approval for the following reason.

The application is judged to meet the tests of Section 18 of the Town and Country Planning Act 1999 as the proposed sign is of a size, form and style that would preserve the character of the conservation area. The proposals are also judged to meet the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the proposed sign is in a form and style that would protect and preserve the registered building, its setting, and the character of the conservation area. The application is therefore considered to be acceptable.

Plans/Drawings/Information;

This decision relates to the drawing 1097.01, together with the other information all received on 14.8.2024. _______________________________________________________________

Interested Person Status

None ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the former Douglas Hotel, now named Douglas Chambers. The property is entered on the Protected Buildings Register (RB 186). The building above ground has elements dating from 1759, while the vaulted cellars are believed to date from the late 1660s, making them one of the oldest surviving buildings in Douglas. The building also has historic special interest in relation to its links with the 'running trade' (smuggling), and as the dwelling house of both Peter John Heywood and the Duke of Athol at separate periods of the building's life. The property is also located within the North Quay Conservation Area.

2.0 THE PROPOSAL - 2.1 The application seeks express consent to install a company name board on the left-hand column of the building's porch. The sign would be 360mm wide by 260mm high, and positioned directly below an identical-sized sign. There are three company signs on the porch's columns at the current time. The sign would be made of plastic vinyl, and generally be blue with writing in white. The application is concurrent with registered building consent application 24/00958/CON.

- 3.0 PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999

S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

General Policy 2: 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:

• (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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

Environment Policy 32: 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.

• Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• Environment Policy 35: 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.

Environment Policy 37: 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.

3.3 Town and Country Planning (Control of Advertisements) Regulations 2013

Section 5 (1) The Department must exercise its powers under these Regulations only in the interests of amenity and public safety, taking account of any material factors, and in particular —

• (a) in the case of amenity, the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest, disregarding, if they think fit, any advertisement being displayed there;
• (b) in the case of public safety —

• (i) the safety of any person who may use any road, railway, tramway, harbour or aerodrome; and
• (ii) whether any display of advertisements is likely to obscure or hinder the ready interpretation of, any traffic sign, railway or tramway signal or aid to navigation by water or air.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 POLICY RB/5 ALTERATIONS AND EXTENSIONS

4.0 PLANNING HISTORY - 4.1 There are numerous applications on the Department's electronic database for the property. These applications relate to the building's former use as a public house, or to the building's conversion to offices. Given the scale and nature of this application (for a small, nonilluminated company name sign), these applications are not judged to be of importance. - 4.2 Given the advertisement nature of this application for registered building consent, the two historic signage applications as listed below are of note:-

• 14/00973/D Installation of illuminated signage Permitted
• 15/00611/D Installation of both illuminated and non-illuminated signage to premises, canopies and barriers (retrospective) Permitted

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have stated that they have no objections to the application (30.8.2024). - 5.2 The Department of Infrastructure Highways Division - No Highways Interest (27.8.2024).

- 6.0 ASSESSMENT

• Statutory Test
• 6.1 Section 18 of the Act requires that 'special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.' This very modest proposal is of a scale and in a form that is judged to have no impact on the character or appearance of the conservation area, and therefore the application is considered to pass the statutory test. Policy Tests
• 6.2 The application seeks consent to erect a company name sign on the porch of this registered building. The Town and Country Planning (Control of Advertisements) Regulations 2013 make it clear that the Department must exercise its powers under these Regulations only in the interests of amenity and public safety. As outlined in section 2.1 and 6.1 of this report, with regard to amenity the scale and form of the proposed company name sign is judged to be such that the special interest of the registered building would be preserved, the character of the North Quay Conservation Area would be preserved, and there would be no adverse impact on the surrounding townscape. With regard to highways safety, given that the Highways Authority have judged the proposals to have no highways interest, it is considered that the scale, nature and position of the proposals is such that there will be no harm to highways safety.

7.0 CONCLUSION - 7.1 The application is judged to meet the tests of Section 18 of the Town and Country Planning Act 1999 as the proposed sign is of a size, form and style that would preserve the character of the conservation area. The proposals are also judged to meet the tests of Strategic Policy 4 and Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, as the proposed sign is in a form and style that would protect and preserve the registered building, its setting, and the character of the conservation area. The application is therefore recommended for approval.

8.0 INTERESTED PERSONS STATUS - 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) any Government Department that has made written submissions relating to planning considerations with respect to the application (whether pursuant to a notice under regulation 10 or otherwise) that the Department considers material;
• (c) the local authority in whose district the land the subject of the application is situated; and
• (d) the Highways, Ports and Railways divisions of the Department of Infrastructure.

8.2 In addition to those above, the Regulation 11(3) requires the Department to decide which persons (if any) who have made written submissions with respect to the application (whether pursuant to a notice under regulation 10 or otherwise), other than those referred to in paragraph (4), should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. - 8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status as per section 3.2.4 of the Operational Policy. _____________________________________________________________________

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 and/or rights to appeal.

Decision Made : Permitted Date: 25.09.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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