Officer Report May 2007

Planning Report And Recommendations {{table:149306}} {{table:149307}} {{table:149308}} {{table:149309}} {{table:149310}} ### Considerations ### Written Representations ### Consultations

Officer's Report

Description Of Application Site

• The application site is a two storey building situated located on eastern side of Finch Road and opposite the junction of Stanley Mount
• The property is a Registered Building
• To the west of the application site is the public highway of Finch Road
• To the south of the application site is No.6 Finch Road, which is also registered building.
• To the north of the application site is No.10 Finch Road, which is not a registered building.

Proposal

• The proposal is to display various advertisements on the building. The advertisement proposed are as follows:
• Printed frost vinyl, fitted in the inside of the glass on the front elevation at ground floor and first floor levels. The advertisement will be different in size to suit the window.

• 4 small plaques will be placed on the left hand side of the main entrance to the building. The plaques will be 280mm x 200mm
• A small plaque will be placed on the right hand side of the main entrance to the building. This plaque will be 500mm x 300mm
• 5mm deep flat cut acrylic lettering on the arch over the door. The size will be 1400mm x 430mm high

Relevant Planning History

• 03/01230/GB - Internal and external refurbishment of office building – granted 28.01.2004

Development Plan Policies

• Isle of Man Planning Scheme (Douglas Local Plan) 1988
• PPS 1/01 – Conservation of the Historic Environment of the Isle of Man

Statutory Consultation Responses

• Douglas Corporation – have no objection to the proposal
• Highways Division of the DoT do not oppose the application.

Public Responses

• Press notice for the Registered Building Consent were posted on 26/10/2006
• Press notice for the express consent were posted on 26/10/06.
• Disability Access Office have commented on the Registered Building Consent application and the advertisement application by making the following comments: Signage should be at a height that can be seen by everybody sitting and standing.

Issues

• This is a joint report on the applications for Registered Building consent and express consent to display advertisements.
• 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 is setting or any features of special architectural or historic interest which it possesses”.
• Policy RB/5 of PPS1/01 states “There will be a general presumption against alteration or extension of registered buildings, except where an convincing case can be made, against the criteria set out in this section,
• Applicants for registered building consent 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.”
• In relation the advertisement application Regulation 3 (1) of The Control of Advertisements Regulations states that

"the department shall exercise it 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 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;

• The building is located within an area zoned as predominantly offices. Some form of advertisement would be expected on a commercial building. However, since the building is a Registered Building particular care is needed to ensure that any advertisement does not adversely affect the character and appearance of the building.

• The applicant is proposing to display a variety of advertisements on the building ranging from window vinyl to company plaques. Overall the proposal would introduce 11 advertisements to the building. 5 of the advertisements are currently being displayed on the building without express consent or registered building consent being in place. The advertisements in question are the 4 small company plaques and the name of the building plaque. These plaques are located on either side of the main entrance.

• The advertisements which are being displayed on the building are relatively modest. I feel these advertisements do not detract from the overall special architectural quality of the registered building. I therefore consider these advertisements to be acceptable on their own.

• However, the proposed vinyl advertisements are a completely different story. These advertisements along with the company plaques would introduce an inappropriate level of advertising on a building which is registered due to its special architectural character. The applicant appears to have completely disregarded the registered status of the building. The advertisements are an alien feature to a building of this nature. I consider the advertisements would adversely affect the special architectural character of the building and would be detrimental to the visual amenities of the streetscene.

• The applicant has suggested withdrawing all of the vinyl advertisements from these applications apart from a single vinyl on ground floor (sign E). This would be an overall improvement to the scheme. However, I still consider a single vinyl advertisement would detract from the special architectural quality of the building and would be detrimental to the visual amenities of the streetscene.

Conclusion

• I therefore recommend that Express Consent and Registered Building Consent be refused for the above reasons.

Party Status

The Department of Transport and the Local Authority, by virtue of the The Control of Advertisements Regulations 2005, Regulation 9 (4) and (5), and the Registered Building Regulations are considered "interested persons" and as such should be afforded party status.

The Disability Access Office does not raise any issues in relation to public safety, amenity or affect to the registered building. I therefore consider that interested party states should not be granted to them.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 16.05.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The proposal would introduce an inappropriate level of advertising onto a building which is registered due to its architectural quality. The proposed advertisements would adversely affect the special architectural character of the building within the street scene to the detriment of the visual amenities of the locality.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date : ...

Signed : ...

M. I. McCauley Director of Planning and Building Control