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Application No.: 10/00246/R Applicant: Middlemarch Ltd Proposal: Erection of five advertising hoardings (retrospective) Site Address: Site Located At Junction Of Lord Street, Walpole Avenue And Bath Place Douglas Isle Of Man ### Considerations Case Officer: Mr Ian Brooks Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not oppose Consulttee: Douglas Corporation Notes: ## Consultee : Planning Enforcement Officer ### Notes :
The application site is a parcel of land between Victoria Street, Walpole Avenue, Fort Street and Bath Place. Part of the application is the Douglas Promenades Conservation Area; however, the majority of the site is outside the Conservation Area. The site is currently being used as a car park.
The application is seeking a retrospective consent to display advertisements at the junction of Lord Street, Walpole Avenue and Bath Place.
Hoarding A is 2.43 m in width and 2.44 m in height. The display area will measure 2.43 m by 1.96 m . Hoardings B, C, D and E are 2.4 m in width and 2.7 m in height. The display area is . The applicants are seeking a temporary consent for a minimum of 2 year.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, General Policy 6 and General Policy 7
General Policy 6 states that "Within our town and villages, the display of external advertisements will be permitted on the site or building to which they relate provided they:
General Policy 7 states that "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."
There have been previous applications on the site; however, none are considered relevant in the consideration of this application:
The occupiers of 5 The Crescent, Derbyhaven has objected to the application and have made the following comments 1) They are surprised that planning permission was not sought in the first place and believe they should be removed and paid a fine, 2) They are not hiding any construction work, 3) They are not an attractive addition to the area.
The occupiers of 1 Haven Court, Fort Island Road, Derbyhaven have objected to the application on the following grounds: 1) The hoarding are not in keeping with the improving nature of the whole of Douglas, 2) The North Quay has been steadily improved and is often the first glimpse visitors have of Douglas. Advertising is not suitable in such a prominent location, 3) Advertising is meant to 'catch the eye' but hopefully not by distracting motorists. 4) Turning this area in 'advert City' is a retrograde step.
The occupiers of 6 Abbots Drive, Ballasalla have objected to the application on the following grounds: 1) The hoardings are unattractive and bring down the tone of the area, 2) They are incompatible with the ongoing plans of Government and Douglas Corporation to enhance the appearance and ambiance of the North Quay area of Douglas, 3) They would set a dangerous precedent, if permitted, 4)They potentially create a distraction to motorists; situated in close proximity to a busy roundabout and road junction and therefore create a hazard to motorists and pedestrians.
The occupier of 2 Marine View Close wishes to declare an interest in this application, as having been refused a similar application at appeal for hoardings the Quarterbridge Roundabout. Whilst having no rights to be considered an interested party to the application, the occupier wishes to be informed of the Committees decision on this matter.
The occupiers of Kerrowdhoon, The Dhoon, Ramsey objects to the application and urges the committee to refuse consent.
The occupier of No. 14 Victoria Place has objected to the application on the following grounds: 1) They are incompatible with the ongoing plans of Government and Douglas Corporation to make the area more attractive, 2) They may set a precedent if permitted i.e. hoarding all over the place, 3) They are a distraction to motorists in a vicinity close to a busy roundabout and road junction and therefore create a hazard to motorists and pedestrians.
The occupier of N. 14 Victoria Place has also commented alternative solutions instead of having advertising on the site and he has commented on the how long the illegal advertisements have been in place.
The occupiers of Woodlands, Ballagawne Road, Colby has objected to the application on the following grounds: 1) The writing on the boards are a distraction when using the roundabout; 2) Appalled it has taken an year for the owner to apply for retrospective permission; 3) The boards are not attractive to look at and don't give a great impression about the island when visitors come off the ferry.
The occupiers of 49 Fuchsia Grove, Silverburn, Ballasalla has objected to the application on the grounds that 1) The hoardings are very ugly and not fitting for a holiday destination; 2) The advertising is designed to attract attention which is not in the interest of road safety by distracting drivers and 3) we totally support the campaign by the Government and by Douglas Corporation to improve the appearance of Douglas and remove the appearance of dereliction.
Highways Division of the Department of Infrastructure do not oppose has the application has no traffic management, parking or road safety implications. The Division have indicated that they do not encourage the erection of advertising hoardings and each location is assessed on its own road safety implications. The proposed site is located close to a roundabout, however, traffic is slow moving and uncomplicated unlike Quarterbridge.
The principal issues in assessing this application are a) whether the advertisement impact on the amenity of the area and b) public safety.
In terms of amenity, General Policy 6 and 7 must be considered to assess whether the advertisements accord with these policies. General Policy 6 states that "Within our town and villages, the display of external advertisements will be permitted on the site or building to which they relate provided they:
General Policy 7 states that "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."
The first issue to consider is whether the advertisements relate to site. None of the advertisements will be advertising the use of the application site i.e. car park. Therefore, General Policy 7 must be applied. However, this policy does not provide sufficient guidance in how to assess the application. However, Paragraph 6.6.2 of the Strategic Plan provides useful guidance. It states 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."
The proposed advertisements are vinyl printed advertisement on plywood backing board on timber and steel frames. The choice of materials is certainly not of a high design standard. The advertisements are overly large and have introduced additional clutter to the street scene. The continued display of advertisement on a permanent nature would impact on the visual amenities of the locality.
However, the applicant's have requested that a minimum 2 year temporary consent is granted pending the redevelopment of the application site. Even if the advertisements are displayed for a temporary period, the continued display of the advertisements would still clutter the street scene. It is considered the advertisements are unacceptable and will impact on the visual amenities of the locality.
In terms of public safety, the Highways Division have indicated that the proposed site is located close to a roundabout; however, the traffic is slow moving and uncomplicated unlike the Quarterbridge. The Highway Division therefore does not oppose the application has it has no traffic management, parking, or road safety implications.
RECOMMENDATION It is recommended that the application be refused for the above reasons. PARTY STATUS
The local authority is, by virtue of The Control of Advertisement Regulations 2005. Town and Country Planning (Development Procedure) Order 2005, Regulation 9 (5) (5) (c), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
The occupiers of 5 The Crescent, Derbyhaven, The occupiers of 1 Haven Court, Fort Island Road, Derbyhaven, The occupiers of 6 Abbots Drive, Ballasalla, The occupier of 2 Marine View Close, The occupiers of Kerrowdhoon, The Dhoon, Ramsey, The occupiers of No.14 Victoria Place, The occupiers of 49 Fuchsia Grove, Silverburn, Ballasalla, and The occupiers of Woodlands, Ballagawne Road, Colby do not have sufficient interest in the application site and as such should not be afforded party status in this instance.
Recommendation
Recommended Decision: Refused
28 June 2010
10/00246/R
N : Notes attached to conditions R : Reasons for refusal
R 1 . The continued display of the advertisements would be contrary to General Policy 2 and General Policy 7 of the Isle of Man Strategic Plan 2007 by reason of their siting, design, materials and prominent location which results in the introduction of additional clutter into the street scene, and is of serious detriment of the visual amenities of the locality.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : Signed : Senior Planning Officer
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