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Government Isle of Man Advertising & Public Relations Limited Quay House South Quay Douglas IM1 5AR
In pursuance of powers granted under the above Act and Order the Department of Infrastructure has under application reference 14/00430/D, DECLINED CONSENT to Smart Advertising Limited, for the Erection of advertising signage along boundary wall at Smart Wash Premises South Quay Douglas Isle of Man IM1 5AY for the following reason(s):
Date of Issue: 3rd July 2014 M Kalligher Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
A copy of the Officer's report which led to the decision is enclosed. Any appeal against this decision must be in accordance with Regulation 13. A valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/ categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
| Application No. : | 14/00430/D | | :-- | :-- | | Applicant : | Smart Advertising Limited | | Proposal : | Erection of advertising signage along boundary wall | | Site Address : | Smart Wash Premises | | | South Quay | | | Douglas | | | Isle Of Man | | | IM1 5AY |
Case Officer : Mr Edmond Riley Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
1.1 The site comprises an irregularly shaped area of land between South Quay and Douglas Head Road, the lower part of which is used by Manx Petroleum's as an oil distribution depot. Immediately east of the site are the swing-bridge control tower, which is a Registered Building (no.115), and the steps which lead up to the Head Road from South Quay. There is a fall of some 18 m from the Head Road to South Quay, and the upper part of the site, above the retaining wall, is essentially scrubland with some trees - hawthorn, elder and holly for the most part. The site is bounded by a painted render wall, with the exception of two gaps that provide access to the highway. 1.2 It is currently used for a car wash business, which operates daily.
2.1 Advertisement consent is sought for the erection of five advertising signage boards along the boundary wall. These would be constructed of Dibond material 5 mm deep, with a width of 2.44 m and a height of 1.22 m . These would be affixed to the wall with rust-proof screws. No border strips would be used. Details on the style or design of the proposed advertisements have not been forthcoming as the signage areas will be sold on to new advertisers. The signs would not be illuminated. 2.2 The agent advise as follows: "Smart Wash Limited [the applicant] have advised that they do not wish to use the external wall for their own advertising purposes (with the exception of the East entrance as marked on the site plan) and would like the site to be sold on to new advertisers, using Isle of Man Advertising & PR Limited as their exclusive agent. It is possible that the owners may adopt the sites from time to time". In respect of this statement, the Smart Wash logos (identified on the proposed plan as being "Star Wash", which was the name of a previous car wash business here) are shown on both the east and west entrances to the site. It is not believed that any consent for these two signs, nor approval for the use of the site as a car wash, exists.
3.1 The following previous planning applications are considered relevant in the assessment and determination of this application:
Erection of an apartment block to provide 60 apartments with associated parking, Manx Petroleum's Depot & Adjoining Scrubland, Between South Quay & Head Road, Douglas, Isle of Man.
Redevelopment of site to provide 53 residential apartments and one commercial unit including use of the adjoining scrubland as garden.
4.1 The application site is located within an area designated as Predominantly Residential Use in the Douglas Local Plan Order 1998, Map No. 2 (South). The site is not located within a Conservation Area, although it is overlooked from the North Quay Conservation Area to the north. 4.2 The relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 7 and Environment Policy 38. 4.3 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". 4.4 Environment Policy 38 states: "Advertisements close to Conservation Areas must respect and preserve the character and appearance of the area to ensure that views into and out of such areas are protected".
5.1 Highway Services do not object to this application, stating: "This location, while on a primary distributor route, is within a 30 mp speed limit and sufficiently remote from any junction to avoid causing a distraction to drivers sufficient to merit refusal on highway safety grounds". 5.2 Douglas Borough Council have no objection to the proposal.
6.1 Express consent is sought. Assessment of the applications is complicated by a number of factors, namely: (i) the current use of the site does not appear to have planning approval, which ceased to remain extant on 20th December 2012; (ii) there is inconsistency between the number of existing signs proposed for retention (and which do not themselves have consent) and those discussed for retention by the agent, and (iii) the lack of information regarding the design and style of the proposed advertising boards.
6.2 In respect of point (iii), it is considered that an assessment of this proposal can be undertaken given that the assessment of the merits of an application for advertisement consent relate not to the style of the advert but to the principle of an advertisement being located in that position. More strict controls apply where an application is within or adjacent to a Conservation Area, which is the case on the latter point here, but nevertheless the main issues for assessment remain primarily related to the effect on amenity and highway safety from the proposal rather than its specific aesthetic qualities. 6.3 The issues raised under (i) and (ii) are not material to the determination of this application. 6.4 It is noted that General Policy 7 guards against the display of advertisements on sites other than those to which the advert relates will generally not be granted consent. The application therefore conflicts with GP7, although that policy does use the word "generally", and it is considered that the purpose of the policy is to prevent signage where, either individually or collectively would have a detrimental impact on visual amenity. Although further along South Quay there are areas where plenty of advertising is relatively prominent, the area within which the application site sits is characterised more by its openness, lack of close-knit commercial buildings and also by a lack of advertising as a result. It is therefore considered that, while advertising for the existing business would quite likely be acceptable in principle, setting aside the provisions of GP7 would not be warranted in this instance as to do so would likely result in a negative effect on visual amenity given the nature of the site as set out above. This is considered to be a substantive reason to withhold advertising consent. 6.5 In reaching this conclusion, regard has been had to the fact that the wall here has recently been entirely covered with a mural. This was granted consent for a temporary period reflecting the temporary approval for the use relating to the mural itself. However, assessment of a mural here raised different issues, with the officer report noting as follows: "In this case, the painted mural is to advertise the business which operates from the site. It adds interest to the area and the artistic quality is very good." It is not considered that a similar argument could be made in respect of the proposed advertising signage here. 6.6 As noted, the site is quite prominent and highly visible from the North Quay Conservation Area. Environment Policy 38 reflects on the importance of protecting views from Conservation Areas where these would be harmfully affected by new signage. As the site is certainly visible from North Quay, albeit at a distance, it is considered that the judgement reached in respect of GP7 is instructive. The impact on visual amenity was judged to be unduly negative; this is considered to be a substantive reason to withhold advertising consent. 6.7 This assessment has been made having had regard to the lack of objection from Highway Services in respect of the impact on highway safety.
7.1 On balance, it is recommended that advertising consent should not be issued.
8.1 In line with regulation 9(5) of the Control of Advert Regulations 2005, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommended Decision: Refused
Date of 30.06.2014
Recommendation:
N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals R 1. The proposed advertising signage boards would, given the site's relatively open and highly visible nature, have a detrimental impact in respect of the visual amenity of the area. As such, the proposal conflicts with Environment Policy 38 of the Isle of Man Strategic Plan (2007).
R 2. The proposed advertising signage would not carry advertisements relating to the business carried on within the site. As such, the proposal conflicts with General Policy 7 of the Isle of Man Strategic Plan (2007).
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : Determining officer (delete as appropriate) Signed Chris Balmer Senior Planning Officer Signed Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Head of Development Management
bun-troggalys - plannal as gurneil troggal
Murray House Mount Havelock Douglas Isle of Man IM1 2SF email: [email protected] Tel: (01624) 685879 Fax: (01624) 686443 Director of Planning & Building Control Michael Gallagher MRTPI
Date: 3rd July 2014
Dear Sirs,
Re: Car wash business and signage
While making an assessment of an application for advertisement consent at the above site (application reference: 14/00430/D), it came to light that the current use of the application site as a car wash business does not appear to be operating with the benefit of planning permission.
Retrospective planning permission was granted on 20th December 2010 (reference: 10/00578/R) for the use of the site as a car wash business, with the following condition:
"This permission is for a period of 2 years from the date of the notice. The proposed use must cease after this date unless there is by then planning permission for a further period of use."
I cannot find a record of any such planning permission to extend the period. Therefore, it seems to me that the permission of the use of the land for a car wash business expired on 21st December 2012. In addition, the two signs in place next to the access to the site do not seem to have advertisement consent. If you are aware of such a permission and/or consent, then I would be grateful if you could advise me as such. However, if not, I would encourage you to address this matter swiftly by seeking the appropriate planning approval and advertisement consent. If I can be of any help with this process, please do be in touch – my contact details are above.
Please note that this advice is at officer level only and does not prejudice any future decision that the Department, Planning Committee or Minister may wish to make.
Yours sincerely,
Ed Riley Assistant Planning Officer
Department of Infrastructure Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
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