Advertisement Refusal Notice 1 Jun 2005
The Advertisement Regulations Act 1925
The Local Government
(Control Of Advertisement) Bylaws 1952
Mr Mike Gimbert Arrandale Royal Terrace Onchan IM3 1EE
In pursuance of powers granted under the above bylaws the PLANNING COMMITTEE of the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:
Name: Mr Samuel Paul Bottell Proposal: Retrospective application for the erection of signage, on land to the entrance way of at: Welch House Church Road Onchan Isle Of Man IM3 1BF which was considered on 20 May 2005, for the reasons set out below.
Date of Issue: 1st June, 2005 Murray House Mount Havelock Douglas (Signature: Aef Ref) (Signature: Secretary Planning Committee)
Reasons For Refusal:
- By reason of its size, position and location the advertisement signage is unacceptably visually obtrusive within the area to the detriment of the character of Onchan Conservation Area and the setting of Welch House, which is a Registered Building. Consequently, the advertisement signage is specifically contrary to the provisions of policy O/CARB/P/1 of the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and policy CA/2 of Planning Policy Statement 1/01 – Policy and guidance notes for the conservation of the historic environment of the Isle of Man.
NOTE As the application has been made retrospectively the applicant is advised that unless the structure and signage is removed in its entirety from the site within 28 days of the date of this decision becoming final the matter will be referred to the Minister for Local Government and the Environment for the consideration of the instigation of legal proceedings.
NOTE Notwithstanding the above it is considered that the structure itself constitutes development within a Conservation Area and therefore requires prior planning approval. In light of this refusal for the advertisement signage the Department considers that a retrospective planning application would be also be refused. Therefore, unless the structure is removed in its entirety from the site within 28 days of the date of this decision becoming final the matter will also be referred to the Minister for Local Government and the Environment for the consideration of legal proceedings.
NOTE This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.
Note 1: The decision contained in this notice does not become final until:-
- the time for requesting a review of the initial decision has expired; or
- any review of the initial decision has been completed; or
- the time for requesting an appeal in relation to any decision at review has expired; or
- any appeal has been completed.
Note 2: Rights of review against the decision are attached.
Part 3.
Appeals 15.
- Any person who has submitted an application in respect of an advertisement and whose application has been refused or approved subject to conditions or modifications may within one calendar month after receiving notice of the decision of the Committee apply for permission to appear before the Committee to request a review of its decision bringing such supporting evidence as he may think fit.
- The Committee shall if it thinks fit allow such applicant to appear before it and hear such evidence as it thinks fit and may confirm, revoke or modify its previous decision.
- If the said applicant is still dissatisfied with the decision of the Committee he may within one calendar month after receiving notice of the decision of the Committee appeal from such decision to the Minister, Department of Local Government and the Environment.
- A notice of appeal against a decision of the Committee shall be in writing and shall be addressed to the Minister, Department of Local Government and the Environment and shall be accompanied by all relevant particulars of the application and information setting out the grounds for such appeal.
- Where an appeal is brought under the Bye-Law from a decision of the Committee the Minister may allow or dismiss the appeal or may reverse or vary any part of the decision of the Committee whether or not the appeal relates to that part and deal with the application as if it had been made to the Minister in the first instance.
