Planning Officer Report Recommendation

Planning Report And Recommendations {{table:161313}} {{table:161314}} {{table:161315}} ### Considerations {{table:161316}} ### Written Representations ### Consultations

Officer's Report

Site

• The application site forms part of the footway directly in front of No.35 North Quay.
• The application site is located within the North Quay Conservation Area.
• To the south of the application site is the main carriageway of North Quay.

Proposed Development

• The proposal is to display a freestanding 'A' Board sign on the public highway.
• The 'A' Board will be 893.5mm in height and 500mm in width and 505.5mm in depth

Planning Status And Relevant Policies

• Isle of Man Planning Scheme (Douglas Local Plan) Order 1998
• PPS1/01 – Policy and Guidance Notes of the Conservation of the Historic Environment of the Isle of Man.
• Isle of Man Strategic Plan (Modified Draft) (April 2007)

Planning History

• None of relevance to the determination of this application

Representations

• Douglas Corporation has no objection to the proposal.
• Disability Access Office has commented the general content of the advertisement

Assessment

• Section 18 (4) of the Town and Country Planning Act 1999 states "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.
• EP 37 of the emerging Isle of Man Strategic Plans states that "As a general policy, advertisement within Conservation Areas will be permitted on 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; iv) internally illuminated box fascia and projecting box signs are excluded from the proposal.

• The main consideration in assessing this application is 1) whether the proposed development either preserves or enhances the character and appearance of the Conservation Area and 2) Whether the proposal is prejudicial to public safety.
• In respect of the impact on the Conservation Area, the applicant makes reference to an unauthorised 'A' outside Milan Restaurant, which is next door to the application site. The 'A' is relatively of a high quality design compared to other poor designed 'A' boards within Strand Street. Due to the improvement works in the area, advertisement will start to appear around outdoor seating area. This will be a general feature of the area I consider the proposed advertisement would have a neutral effect on the character and appearance of the Conservation Area.
• In respect of public safety, the proposed 'A' board is to be placed a narrow footpath which measures 2.2m in width. The sign will be reduced the pavement width to 1.55m. This reduction in width would not allow two persons to pass at the same time. I therefore consider the proposal would force pedestrians onto the roadway which in my mind is unacceptable for safety reasons. I therefore consider the proposal would be prejudicial to pedestrian safety.
• However, I consider a noted should be attached to the decision notice indicating this is without prejudice to a further application once the highway improvement works have been completed along the North Quay.
• The Disability Access Office has commented on the content of the advertisement. This is not a material consideration when determining applications for advertisement consent. I therefore attach no weight to their comments.

Recommendation

I therefore recommend that express consent be refused for the above reasons.

Party Status

The Department of Transport and the local authority are, by virtue of the Control of Advertisements Regulations 2005, considered "interested persons" and as such should be afforded party status.

Since the Disability Access Office have not have made specific comments regard amenity or public safety, I therefore consider they should not be afforded party status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 29.05.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

R 1.

The proposed advertisement by virtue of it siting would reduce the width of the footpath to an unacceptable level where pedestrian safety would be compromised.

O 1.

This decision is without prejudice to a further application once the highway improvement works along the North Quay have been completed.

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 : 12/6/07

Signed :

M. I. McCauley Director of Planning and Building Control