DEC Officer Report

Application No.: 19/00932/D Applicant: Foxdale Heritage Proposal: Erection of information board Site Address: Northern End Of Disused Railway Line Mines Road Foxdale Isle Of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.09.2019 _________________________________________________________________

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 application relates to site location plan, design statement, example board image, 2 x site photographs, 1:10 details of the proposed sign, and a generic map outlining the selected sites for the interpretation boards.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is a small piece of land situated along the former railway line public footpath which runs from the centre of Foxdale northwards to St Johns. The site specific to this application sits at the point where the railway line footpath joins the A3 main road, part way between upper and lower Foxdale and on the eastern side of the road. THE PROPOSAL - 2.1 Proposed is the installation of a signboard approx. 1m x 0.7m and fixed to two galvanised posts around 1m above ground level. The sign will contain information about the former railway line.

2.2 The current proposal is one of ten boards that are proposed to be erected within the wider Foxdale area and which will provide information on local heritage to the community. PLANNING HISTORY - 3.1 There is currently one other application running contemporaneously PA 19/00911/D for the erection of a similar signboard towards the rear of the petrol station and along the railway line footpath. This application is yet to be determined. PLANNING POLICY - 4.1 The site lies within an area not designated for development on the 1982 Development Plan and also within an AHLV. There is a presumption against development as set out in Environment Policy 2 and General Policy 3 of the Isle of Man Strategic Plan although the latter includes as an exception to this presumption in part (h).

4.2 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: - 4.3 General Policy 3 states (in part): "(h) buildings or works required for interpretation of the countryside, its wildlife or heritage." - 4.4 Environment Policy 2:

"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

4.5 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."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Patrick Commissioners - no objections (11/09/2019)

5.2 Department of Infrastructure (DOI) Highways Division - no comments received as of 25/09/2019 ASSESSMENT - 6.1 The works are clearly intended to assist the public interpretation of the history of the railway line and the heritage of the Island and would comply with GP3(h). The sign is modest in size and of a height to be readable by a variety of users and would be of interest rather than intrusion to the enjoyment of the path. The sign does not contain any illumination and is set back a sufficient distance from the main road as to limit any distractions to road users and for this reason would meets the tests of GP8 and the general standards set out in The Control of Advertisements Regulations 2013. CONCLUSION - 7.1 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 (ie business adverts) would not fall within GP3(h) it is important that a condition is attached to prevent the board being used to advertise anything else without prior approval. 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 Planning Committee 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 : 01.10.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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