DEC Officer Report

Application No.: 19/01005/D Applicant: Foxdale Heritage Proposal: Erection of an interpretation board on south facing gable wall of building Site Address: Foxdale Heritage Centre Station House 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: 21.10.2019 _________________________________________________________________

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 decision relates to the drawings and information received on 10th September, 2019. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE SITE

1.1 The site is the footprint of the Foxdale Heritage Centre building which sits to the west of Foxdale Primary School, on the other side of the footpath thereto. The building is the former railway station, with rendered gables and stone and brick frontage. 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 the southern gable of the building. 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. REPRESENTATIONS - 5.1 Neither Highway Services have no objection to the application (08.09.19).

5.2 Patrick Commissioners seek a deferral until after their meeting on 14.10.19. Nothing has been received to date. 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 signage will add interest to the village with a minimal impact on the environment. There is no risk to highway safety, ecology or the visual character of the building or the area and 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 06.11.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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