DEC Officer Report

Application No.: 19/01386/D Applicant: Foxdale Heritage Proposal: Erection of information board next to the perimeter fence of the school playground. Site Address: Foxdale Primary School Mines Road Foxdale Isle Of Man IM4 3EX Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.01.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice. Reason: To avoid the accumulation of unimplemented advertisement consents.
• C 2. The advertisement hereby approved shall be used to display information relating to the heritage of the footpath and former railway line only. Should the signboard be no longer used or required for these purposes then the posts and board shall be removed with three months of the sign no longer being used. Reason: to protect the countryside from unwarranted advertisements.

Plans/Drawings/Information; This decision relates to the information received on 11th December, 2019. _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is a small piece of land adjacent to the playground associated with Foxdale Primary School and to the right of the footpath which follows the route of the former railway line in the centre of Foxdale village. Opposite the site is the former station house. THE PROPOSAL - 2.1 Proposed is the installation of a signboard. This will have an area of just under a metre long, 70cm high and attached to two galvanised posts which support the board to 0.9m above ground level. The sign will contain information about the former railway line. PLANNING POLICY - 3.1 The site lies within an area designated on the Foxdale Local Plan of 1999 as Open Space. As such, there is a presumption against development as set out in Environment Policy 1 and General Policy 3 although the latter includes as an exception "(h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

3.2 When it comes to applications for advertisement The Control of Advertisements Regulations 2013 makes clear that the only considerations which can be applied to applications made under them are in the interests of amenity and public safety. In the case of amenity, such things as the general characteristics of the area need to be taken into account along with the presence of any features of historic, architectural, cultural or similar interest and the public safety should consider the safety of any person using a road, railway, tramway, harbour or aerodrome including the obscuration of any traffic sign or similar. In understanding this impact we may also have consideration to General Policy 8 which specifically refers to rural advertisements:

3.3 General advice on rural adverts is found in General Policy 8: "Within rural areas the display of external advertisements will be permitted only where:

• (a) they are located on or directly next to the premises to which they relate;
• (b) they do not detract from the appearance of either the immediate area or the landscape;
• (c) they are normally constructed of traditional materials unless the nature of the display or location would render such materials inappropriate;
• (d) any illumination, which will be permitted only where it is essential, is kept to a minimum and is so hooded as to prevent undesirable escape of light;
• (e) they are located so as not to cause a highway safety hazard; and
• (f) any illumination will not have an adverse effect on areas of ecological value."

PLANNING HISTORY

4.1 Planning approval was sought by Department of Infrastructure for the conversion of the footpath for a temporary period, to accommodate vehicles whilst road works were undertaken on the A24 and A3. This was withdrawn before a decision was taken. A number of other applications for similar signage have been approved within the village, one on the gable of the former station house opposite. REPRESENTATIONS - 5.1 Highway Services have no objection to the application (23.12.19)

5.2 Patrick Commissioners have no objection (15.01.20). ASSESSMENT - 6.1 The works are clearly intended to assist the interpretation by the public of the history of the footpath they are using and would comply with GP3h. The sign is modest in size and of a height to be readable by a variety of users and would of interest rather than intrusion to the enjoyment of the path.

6.2 The applicant is in the process of applying for a number (10) of these signs which will be erected around the village.

6.3 There is no objection to this application on the above basis. However, as advertisement consent is not required to change the content of a sign, and any other form of advertisement would not fall within GP3h it is important that a condition is attached to prevent the board being used to advertise anything else without prior approval. CONCLUSION - 7.1 The application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Persons to whom notice has been given under regulation 10(3)(a)(i)
• (d) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (e) The Highways Division of the Department of Infrastructure;
• (f) The Ports Division of the Department of Infrastructure;
• (g) The operator of the railway or tramway; and
• (h) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 29.01.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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