23 May 2013 · Delegated - Senior Planning Officer (M Kallyher, Director of Planning and Building Control)
Paramount City, Queens Promenade, Douglas, Isle Of Man, IM2 4nn
The proposal involves erecting temporary aluminium barriers (each 2m wide with 1.85m graphic width) with PVC screen-printed green, red and white advertising logos, projecting 4m from the front of the three-storey terraced building and extending 16m along the front with 1.5m gaps for fire exits.
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The officer assessed two key issues: impact on the Douglas Promenades Conservation Area and effects on highway/pedestrian safety.
General Policy 2
Requires development in land-use zoning to respect site/surroundings in siting, scale, form, design; not adversely affect townscape, amenity, road safety. Officer confirmed proposal accords as barriers not prominent, reduce overspill, no highway encroachment.
Environment Policy 35
Within Conservation Areas, permits only development preserving/enhancing character and protecting special features. Barriers judged not overly prominent, thus preserving conservation area character.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval for the erection of barriers with advertising to form an outside smoking area relates to Location Plan, Site Plan, 1 x A4 sheet detailing the advert logo and 2 x A4 sheet detailing barrier specifications all date stamped 18th April 2013.
Hours of use
The approved barriers and smoking area may be used only between 2100hrs and 0100hrs on Friday, Saturday and Sunday. At all other times the barriers and smoking area must not be used.
Do not oppose has no traffic management, parking or road safety implications. Land is not within the highway and an approved form of barrier has been proposed.
MEA require 24 hours unrestricted access to the cables in the Public Highway and MEA will not be liable for any loss of income caused to the applicant as a result of its statutory works.
Express consent was granted on 23 May 2013 for erection of barriers with advertising to form an outside smoking area, subject to conditions including Condition 3 limiting use to 2100-0100hrs on Fridays, Saturdays and Sundays. The appellant argued the condition did not reflect the function venue's variable opening hours and sought amendment to permit barriers only when premises are open for business. The Planning Authority accepted the barriers during other business hours but required storage when closed, and imposed the condition to match the application form. The inspector found Condition 3 unnecessary and inappropriate for advertisement consent, recommended deletion of Conditions 1 and 3, amendment of the proposal description to exclude reference to smoking area (as advertisement consent cannot control land use), and imposition of a new condition limiting display to business hours. The Minister accepted the recommendation on 9 September 2013, granting express consent with the revised conditions.
Precedent Value
Demonstrates advertisement express consents cannot control land use or impose development-style conditions; separate planning permission needed for operational restrictions. Future applicants should distinguish advertisement consent limits and clarify variable operations early.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
