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Consultation on changes to control of advertising law

Thursday, 4 July 2013

The Department of Infrastructure is seeking views on proposals to modernise and streamline the planning rules on advertising.

A consultation document will be published today (Wednesday 3 July), with submissions to be sent in no later than Wednesday 28 August 2013.

The Department of Infrastructure’s consultation process, which follows an extensive review of legislation relating to advertisements, is part of proposals to update the Control of Advertisement Regulations 2005, ensuring they are fit for purpose for the future, as well as removing duplication. Ultimately the plans could lead to three pieces of primary legislation being partially or completely repealed and replaced by one new law.

As part of the streamlining, there are a significant number of proposed changes to primary and secondary legislation.

These include replacing regulations controlling the display of advertisements with a new piece of primary legislation dealing solely with Advertisements and Planning, simplifying and clarifying the enforcement process so powers to take action over unauthorised advertisements rest with the Department, and increasing the powers of the Courts to fine illegal advertisers on a daily basis until an unauthorised advertisement is removed.

The consultation also seeks views on advertising on private property without the consent of the owner, the erection and maintenance of advertising hoardings adjoining highways, and powers to prohibit vehicles used for advertising purposes. Input is also invited on proposals to increase the types of advertisements that can be displayed under deemed consent, such as flags, illuminated advertisements, balloons and temporary advertisements.

Advertising during motorsport events, signs for electric vehicle charging points, size limits for adverts and the rules on advertising on registered buildings and in conservation areas are also covered in the consultation document.

Subject to the results of the consultation and any subsequent changes to the legislation, the Department plans to produce a Planning Policy Statement on Advertisements and a guidance booklet.

Laurence Skelly, Departmental Member for Planning said:

‘Advertising on buildings and land is all around us, here in the Isle of Man, as we go about our lives. If you have any views about advertising from a planning perspective, I would urge you to take part in this consultation.’

Minister for Infrastructure David Cretney MHK said:

‘The aim of this consultation paper is to seek views on the Department’s plans to update and rationalise the relevant primary legislation and the Advertisement Regulations to ensure the legislation is fit for purpose for the future, whilst endeavouring to streamline and remove duplication of processes.

‘The proposed changes relating to primary legislation will bring together the control of advertisements into one piece of primary legislation and will result in three pieces of the primary legislation being repealed or part repealed.

‘This consultation document is just one of a number of proposed changes to the planning system aimed at increasing customer focus, improving efficiency and delivering better value for money. I would therefore urge everyone who has an opinion about advertisements on the Island to consider and respond to this consultation document.’

The consultation document can be downloaded from the Isle of Man Government website at http://www.gov.im/Consultations.gov and responses can be submitted through an online survey at http://www.snapsurveys.com/swh/surveylogin.asp?k=136843656244. This online survey allows you to respond to those parts of consultation that particularly interest you.

For those without internet access, responses to the consultation can also be posted to the address below. Please mark your correspondence clearly with ‘Review of legislation relating to the control of advertisements’ and send to: Department of Infrastructure, Planning and Building Control Division, Murray House, Mount Havelock, Douglas, IM1 2SF 

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