Officer Report

Application No.: 15/01151/D Applicant: Marks & Spencer PLC Proposal: Installation of replacement store signage Site Address: Marks And Spencer Drumgold Street Douglas Isle of Man IM1 2SB Case Officer : Miss Melissa McKnight Site Visit: 05.11.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Marks & Spencer, a large retail unit located on the western side of Duke Street and Drumgold Street, Douglas. To the rear of the site is Nelson Street.

2.0 THE PROPOSAL - 2.1 Express consent is sought for the replacement of six signs which have been labelled on the submitted proposed drawings. It should be noted that the signs shown on the existing drawings do not correspond to the numbered signs shown on the proposed drawings. For clarity, the proposed numbered signs will be referred to within the report. - 2.2 The proposed signs, 3, 4, 5, 6, 7 and 8, would almost be like-for-like replacement in terms of details with the colours being the only difference; black lettering applied to a white background. - 2.3 Signs 3, 4 and 8 would have a flex face halo lit panel and the lettering of signs 5, 6 and 7 would be halo lit. - 2.4 The existing signs are internally illuminated.

3.0 PLANNING HISTORY - 3.1 Express consent was sought for the installation of illuminated signage on the southern elevation of the car park of the application building in 2013 under PA 13/01402/D. This was refused on the grounds that the proposal would be contrary to the objective of General Policy 2(i) of the Isle of Man Strategic Plan, the proposed outdoor digital poster LCD panel would have a harmful impact on highway safety because of its location at the entrance to the car park and the distracting nature of the advertisements that it would display. - 3.2 In 2005, express consent was granted in 2005 under PA 05/01320/D for the installation of box signed internally illuminated signage to replace existing to all elevations.

4.0 PLANNING POLICY - 4.1 In terms of strategic plan policy, the application site lies within an area zoned as Predominantly Shopping under the Douglas Local Plan Order 1998.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are 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; (g) does not affect adversely the amenity of local residents or the character of the locality.

• 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 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."

• General Policy 7 states: "Within our towns and villages, the display of external advertisements on sites or buildings other than those to which they relate will not generally be permitted."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection to the current planning application (30/10/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (23/10/2015).

6.0 ASSESSMENT - 6.1 The proposed signs would almost be a like-for-like replacement in some locations on the building with regards to the size, details and lettering of the signs. The difference between the proposed and existing sign is mainly the colour scheme. The proposed signs are black lettering on a white background as opposed to the existing light green on a dark green background. - 6.2 What is proposed under this scheme is generally providing an upgrade to the existing signs and would offer a modern appearance and attractive appearance to the building. It is considered that the proposed signage is of a high standard with the size and proportions of the signage matching those of the existing and the design, finish and lighting methods of the new signs are all considered appropriate for the application building. - 6.3 The proposed method of illumination would be subtle and well-considered and would not be so dissimilar to the existing illumination method. It is also worth acknowledging that the shop is within the town centre where other units have illuminated signage. The level of illumination is not considered to result in a highway safety issue or have any significant negative impacts on nearby residents. - 6.4 As the signage would be located within the town centre where there is lighting 24 hours a day, a time condition restricting the times of illumination is not considered necessary. However, a condition requiring that the signage is not illuminated from a intermittent source is recommended to prevent any flashing, which might harm the living conditions of those residing in the flats above the

shops opposite the application site.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, it is recommended that consent be granted for the proposed new signs.

8.0 PARTY 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) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Persons to whom notice has been given under regulation 10(3)(a)(i)
• (d) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (e) The Highways Division of the Department of Infrastructure;
• (f) The Ports Division of the Department;
• (g) The operator of the railway or tramway; and
• (h) The local authority in whose district the land the subject of the application is situated.

In addition to those above, the Regulation 11(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, 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. In this instance there are none.

Recommendation Recommended Decision: Permitted Date of Recommendation: 17.11.2015 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.
• C 2. The signs hereby granted consent shall not be lit by an intermittent source. Reason: In the interests of amenity and/or public safety.

This consent relates to DRAWING No 01001, 01002, 01003 and 01004 date stamped as received 15th October 2015.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 18.11.2015 Determining officer

Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control

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