infrastructure

bun-troggalys

Office of the Minister and Chief Executive

The Empress Hotel Limited Central Promenade Douglas Isle of Man IM2 4RA

Telephone: (01624) 686603 Fax: (01624) 686617 Email: [email protected] Contact: Maggie Farmer Our Ref: ITT/mf Your ref: Date: 14th July 2011

Dear Sir/Madam

ON APPEAL Application No: 11/00038/D Proposal: Erection of advertising banners (retrospective), Empress Hotel, Central Promenade, Douglas Applicant: The Empress Hotel Limited Appellant: The Empress Hotel Limited

I refer to the recent appeal in respect of the above application under the Control of Advertisements Regulations 2005.

In accordance with the provisions of the Regulations, I am enclosing herewith a copy of the report of the person appointed to consider the appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the refusal of the application under Regulation 9 should be confirmed. A copy of the original notice is enclosed for your reference.

Additionally, the Minister has noted that the banner is already being displayed. In these circumstances, he has directed that the file should be referred to the senior Planning Officer for consideration of appropriate enforcement action.

Yours faithfully

I T Thompson Chief Executive

Circulation List Douglas Corporation Planning Enforcement Officer Secretary, Planning Committee

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

.

THE TOWN AND COUNTRY PLANNING ACT 1999

THE CONTROL OF ADVERTISEMENTS REGULATIONS 2005

The Empress Hotel Limited Central Promenade Douglas Isle of Man IM2 4RA

In pursuance of powers granted under the above Act and Regulations the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

Name: The Empress Hotel Limited

Proposal: Erection of advertising banners (Retrospective)

at: Empress Hotel Central Promenade Douglas Isle of Man IM2 4RA

which was considered on 16th February 2011, for the reasons set out below.

Date of Issue: 21st February 2011

Murray House Mount Havelock Douglas

Mrs P Faragher Deputy Secretary to the Planning Committee

REASONS FOR REFUSAL:

1. The display of the advertisement would be contrary to General Policy 6 and Environment Policy 37 of the Isle of Man Strategic Plan (20th June 2007) by reason of the siting, design, materials and the location would introduce a prominent and incongruous advertisement into the street scene which would not preserve or enhance the character and appearance of the Conservation Area and would cause demonstrable harm to the visual amenities of the locality.

This decision was made by the Senior Planning Officer under the authority delegated by the Department under Regulation 6(2) of the Control of Advertisements Regulations 2005.

11/00038/D

Guidance Note

The decision does not become final until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

A copy of the officer's report which led to the decision is attached. Please note that correspondence relative to this application is available for inspection at the Department.