DEC Officer Report

Application No.: 22/00632/D Applicant: Fancy A Coffee Limited Proposal: Erection of non illuminated signage totem Site Address: Advertising Cherry Tree Drive Crosby Isle Of Man IM4 2EE Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.07.2022

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. There shall be no internal or external illumination of the totem hereby approved. Reason: for the avoidance of doubt and in the interest of the amenity of the neighbours.
• C 3. In the event that the totem hereby approved is no longer required or if the use of the coffee shop to which it is relates ceases, the totem and any associated supports including below ground shall be removed within 6 months of the last requirement or within 6 months of the coffee shop use ceasing and the ground restored to its former condition. Reason: to avoid the accumulation of unwarranted structures in the interest of visual amenity.

This application has been recommended for approval for the following reason. The application accords with the The Control of Advertisements Regulations 2013, and meets with the principles of General Policies 6, 7 and 8 of the IOM Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the following information and drawing numbers all date stamped and received 11/05/2022:

• o Location/Site Plan
• o Drawing Number 25138
• o 5 x photographs of the existing site
• o 4 x photographs of proposed location of totem.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The red line comprises a grassed verge area sitting between the Crosby main road and a newly built residential estate known as Cherry Tree Drive. Within the estate and nearest the main road is also a newly built commercial building within which sits a coffee shop currently operated by 'Costa'. In front of this building is a car park and the grassed verge with some planted and landscaped areas.

2.0 THE PROPOSAL - 2.1 The current application seeks approval for the erection of a totem within part of the verge area and opposite the coffee shop for the display of advertisement signage alongside the road. The totem is to include the 'Costa' lettering and their coffee bean logo. There is to be a large directional arrow underneath. - 2.2 The totem is to measure 4m tall x 0.8m wide x 0.3m deep, and is to require a deep concrete base below ground level. - 2.3 There is to be no illumination of the totem.

3.0 PLANNING HISTORY - 3.1 There have been a number of applications submitted across the wider site which relate to the development of the residential estate and the commercial building in which the coffee shop sits. There has been only one advertisement application submitted in the area and this relates to signage installed within the existing coffee shop, this was approved under 21/01310/D with the standard four year condition and one other condition stating:

"C 2. The illuminated sign hereby approved may only be lit when the coffee shop/cafe is open. Reason: In the interests of amenity."

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site lies within an area designated on the Area Plan for the East 2020 as 'residential'. - 4.2 The Control of Advertisements Regulations 2013 make it clear that the only considerations which can be applied to applications made under them are in the interests of amenity and public safety. In the case of amenity, such things as the general characteristics of the area need to be taken into account along with the presence of any features of historic, architectural, cultural or similar interest and the public safety should consider the safety of any person using a road, railway, tramway, harbour or aerodrome including the obscuration of any traffic sign or similar.

4.3 In addition to The Control of Advertisements Regulations 2013 we may also consider General Policies 6, 7 and 8 of the Isle of Man Strategic Plan 2016. While these policies cover advertisements in both town and village centres and the countryside, it is perhaps diligent to consider all three given the semi-rural context of Crosby. Spatial Policy 4 also identifies Crosby as being a smaller settlement and that development should be of appropriate scale. - 4.4 General Policy 6:

"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."

4.5 General Policy 7: 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. - 4.6 General Policy 8: "Within rural areas the display of external advertisements will be permitted only where:

• (a) they are located on or directly next to the premises to which they relate;
• (b) they do not detract from the appearance of either the immediate area or the landscape;
• (c) they are normally constructed of traditional materials unless the nature of the display or location would render such materials inappropriate;
• (d) any illumination, which will be permitted only where it is essential, is kept to a minimum and is so hooded as to prevent undesirable escape of light;
• (e) they are located so as not to cause a highway safety hazard; and
• (f) any illumination will not have an adverse effect on areas of ecological value."

4.7 Spatial Policy 4: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are: o Bride o Glen Maye o Sulby o Dalby o Ballaugh o Ballafesson o Glen Mona o Colby o Baldrine o Ballabeg o Crosby o Newtown o Glen Vine o Strang Area Plans will define the development boundaries of such settlements so as to maintain their existing character."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Marown Commissioners - no objection (17/06/2022) - 5.2 Department of Infrastructure (DOI) Highway Services - Do Not oppose (26/05/2022).

- 6.0 ASSESSMENT

6.1 The Control of Advertisements Regulations 2013 make it clear that the only considerations which can be applied to applications made under them are in the interests of amenity and public safety. In the case of amenity, such things as the general characteristics of the area need to be taken into account along with the presence of any features of historic, architectural, cultural or similar interest and the public safety should consider the safety of any person using a road, railway, tramway, harbour or aerodrome including the obscuration of any traffic sign or similar. Further to this paragraph 6.6.2 of the IOM Strategic Plan 2016 makes it clear that "within our towns and villages, well designed and sensitively sited advertisements

• can contribute positively to the character of a building or area, and can be of help to the general public. However, advertisements which are too bright, overlarge or poorly sited may endanger safety by distracting or confusing highway users and may, both individually and cumulatively, detract from amenity by being intrusive, by introducing clutter and visual confusion or by masking features of interest or attraction". Paragraph 6.6.3 furthers on this stating that "within rural areas, advertisements can be disruptive features which affect adversely the appearance of the landscape and the countryside. Lighting can pollute the night sky, and may be contrary to nature conservation interests".
• 6.2 The site subject to this application is a grass verge and landscaped garden area which is read in conjunction with the commercial building behind and also in the context of the new wider residential estate. In this specific case the site is within the settlement village of Crosby and given the established development surrounding the site there is some degree in flexibility in the level of advertisement which may be accepted here.
• 6.3 While not on the building, the totem sign is positioned close enough so as to be read in connection with the coffee shop. Physically the size, scale and material of the totem is not overbearing or dominant in the streetscene, and the logo and written signage to its upper half is of a size, scale and design which is easily readable by passing public without causing distraction or any significant highway safety issues nor any visual impacts on the streetscene.
• 6.4 The sign would not contain any illumination and so would not create any visual glare to passing traffic and it would remove any potential lighting impacts on neighbouring residential properties in the immediate surroundings.

- 7.0 CONCLUSION

7.1 Overall it is considered that the size, scale, siting and design of the sign is acceptable and relates to the coffee shop within the commercial building adjacent, and would have no adverse visual or amenity harm to the public or public safety. The application would accord with The Control of Advertisements Regulations 2013, as well as meeting with the principles of General Policies 6, 7 and 8 of the IOM Strategic Plan 2016. - 7.2 For the avoidance of doubt there shall be two conditions added, one to ensure no illumination and a second to require its removal in the event that it is no longer needed.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013 (As Amended), the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• o The local authority in whose district the land the subject of the application is situated.
• o the Highways, Ports and Railways divisions of the Department of Infrastructure.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than those explicitly listed above) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

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.

Decision Made : Permitted Date: 12.07.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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