DEC Decision Notice

Isle of Man

Government

Kellie Ellen Vannin

Vicars And Wardens Of St German's Cathedral

The Vicar/Dean

The Very Revd. Nigel Godfrey

The Deanery

Albany Road

Peel

Im5 1Js

Town and Country Planning Act 1999

The Registered Building Regulations 2005

In pursuance of powers granted under the above Act and Regulations the Department of Infrastructure has given CONSENT to Vicars And Wardens Of St German's Cathedral for the works proposed under reference, 13/00765/CON, for Registered Building Consent for revised route of pedestrian path (retrospective, RB no 204 in association with 13/00764/GB) at St German's Cathedral Grounds Derby Road Peel Isle Of Man IM5 1HH subject to compliance with the following conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the following information all date stamped 20 Jun 2013:

• A3 Location Drawing scale 1:1250
• A3 Drawing No. 2013/01 Measured Survey Disabled Access

Date of Issue: 14th November 2013

M Kalligfer

Director of Planning and Building Control Guidance Note This decision was made by the Development Control Manager in accordance with the authority delegated to her. This consent refers only to that required under The Registered Building Regulations 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

Please note that in accordance with the Town and Country Planning (Appeal Fees) Order 2013, Article 4(d), any appeal lodged must be supported by the appropriate fee in order to validate the appeal (currently $£ 150$ ).

An appeal form and guidance notes (as those used for a planning appeal) are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/eategories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected] $13 / 00765 /$ CON

Planning Officer Report And Recommendations

Application No.:	13/00765/CON
Applicant:	Vicars And Wardens Of St German's Cathedral
Proposal:	Registered Building Consent for revised route of pedestrian path (retrospective, RB no 204 in association with 13/00764/GB)
Site Address:	St German's Cathedral Grounds Derby Road Peel Isle Of Man IM5 1HH
Case Officer:	Mr S Moore
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

Officer's Report

The Application Site

1. The site represents the southernmost corner of St German's Cathedral, Peel a Registered Building (RB 204), located within the Peel Conservation Area designated in 1990.

Planning Status

1. The site lies within an area designated on the Peel Local Plan of 1989 adopted by Tynwald on 19th April 1989 as Church. This is surrounded Mixed Use, Civic and Residential.

The site also lies within Peel's Conservation Area and the building is Registered (RB 204).

The Proposal

1. This application seeks retrospective Registered Building Consent for revised route of pedestrian path, from Lyndale venue into the southernmost corner of the Cathedral grounds.

Planning History

1. The following applications are considered relevant:

13/00970/CON - Registered Building Consent for internal alterations to provide a prayer room and installation of an Aumbry (RB no 204) – Application Permitted

12/01274/GB - Removal of louvres from four window openings and the installation of replacement GRP louvres (in association with 12/01275/CON) – Application Permitted

12/01275/CON - Registered Building Consent for the installation of telecommunication equipment within the bell tower (RB no 204 in association with 12/01274/GB) - Application Permitted

12/00417/CON - Registered Building consent for the removal of pews (Registered Building Nos. 204) - Application Permitted

11/00024/CON - Registered Building Consent for creation of landscaping scheme including the erection of an electricity sub-station, replica keeill and hermit's cell, and bus shelter lay- by (RB No 204 in association with 11/00023 GB) - Application Permitted

11/00023 GB - Creation of landscaping scheme including the erection of an electricity sub station, replica keeill and hermits cell, and bus shelter lay- by (In association with 11/00024 CON). Application Permitted

10/01641/CON - Registered Building consent for internal alterations to the South Clergy Vestry, electrical re-wiring and installation of lighting scheme to the main body of the Cathedral and installation of kitchen facilities to the North Transept. Registered Building Nos. 204 - Application Permitted

10/00676/CON - Registered Building consent for the installation of a Nave Organ, double ending all pews in aisles to make them movable. Registered Building Nos. 204 - Application Permitted

09/00726/D - Erection of two notice boards (in association with 09/00725/CON) Registered Building Nos. 204 St German's Cathedral, Derby Road, Peel. IM5 1HH. Application Permitted

09/00725/CON - Registered Building Consent for internal alterations and erection of external notice boards (in association with 09/00726/D) Registered Building Nos. 204 St German's Cathedral, Derby Road, Peel. IM5 1HH. Application Permitted

08/00848/CON - Registered Building consent to erect a dwelling within grounds of (In association with 08/00822/GB) Registered Building Nos. 204 St German's Cathedral, Derby Road, Peel. IM5 1HH. Application Refused.

08/00822/GB - Erection of a dwelling within grounds of St German's Cathedral, Derby Road, Peel. IM5 1HH. Application Refused.

05/01502/GB - Alterations to north entrance, introduction of paving setts, forming new steps and disabled ramp, relocation of car parking (with additional spaces and landscaping) and relocation of lamp post and flag pole (amendments to approved 02/00692) (in association with 05/01502 CON). Application Permitted

05/01502/CON - Alterations to north entrance, introduction of paving setts, forming new steps and disabled ramp, relocation of car parking (with additional spaces and landscaping) and relocation of lamp post and flag pole (amendments to approved 02/00692) (in association with 05/01502 GB). Application Permitted

02/00692/B - Replacement of tarmac with concrete setts and widening of drive and access, area outside main public entrance of St German's Cathedral, Peel. Application Permitted

00/02069/B - Widening of access between Corrin Hall and St German's Cathedral, Peel. Application Permitted 92/00366/B - Alterations to Flower Room and Vestry, St German's Cathedral, Peel. Application Permitted 89/00149/B - Siting of 10m flagpole, grounds of St German's Cathedral, Peel. Application Permitted PLANNING POLICY

1. As St German's Cathedral is a Registered Building (RB 204) located within the Peel Conservation Area, the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5, RB/10 and CA/2 from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) is also considered to be relevant to determining this application.

Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead unacceptable environmental pollution or disturbance."

Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

Environment Policy 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred."

Environment Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Policy RB/5 - Alterations and Extensions states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy RB/10 - Ecclesiastical Buildings states:

"The same provisions apply for registered buildings which fall within this category, as apply elsewhere. Contrary to the situation which prevails elsewhere, no exemption exists with respect to ecclesiastical buildings in the Isle of Man.

In considering applications for registered building consent for alteration or extension to buildings in this category, it is acknowledged that factors such as the size and requirements of modern congregations may differ considerably from when the church was originally constructed. Applicants considering carrying out alterations, extensions or improvements to ecclesiastical buildings which are registered, should consider the extent to which their proposals will affect the particular historic merit or architectural character of the building in question. An application is less likely to succeed if either of these qualities is markedly affected.

It must also be remembered that in addition to the requirement for registered building consent, it will usually be necessary to obtain the formal consent of the appropriate church authority: early dialogue can often assist in deciding upon the most appropriate way to progress such works."

Policy CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

Representations

1. Peel Commissioners recommend approval of the application.

Assessment

1. This application seeks retrospective Registered Building Consent for revised route of pedestrian path, from Lyndale venue into the southernmost corner of the Cathedral grounds.
2. The site is currently a grassed area interspersed with mature Elm and Sycamore trees, bounded to the south by a low local sandstone boundary wall topped with red painted cast iron railings and to the south east by hedging atop a sod hedge.
3. There is an informal pedestrian access from the end of Lyndale Avenue into this part of the Cathedral grounds to the south eastern corner of the Cathedral grounds which has been in place for some considerable years. It is proposed that the existing concrete steps leading from Lyndale Avenue will be retained and repaired as part of this application.
4. The proposals seek to formalise that access, seeking to integrate it into the previously approved landscaping scheme (11/00024/CON and 11/00023/GB) as this particular area was not detailed on the previous application.

1. The proposed pathways, set at a 1:15 gradient intended to provide disability access to and from the Cathedral grounds, are routed around the existing trees. The existing paving material in and around the immediate environs of the Cathedral is a Portland gray loose gravel bounded by grass. The surface treatment of the proposed path will be in accordance with the details submitted and approved as a part of the previous applications 11/00023GB and 11/00024/CON, specifically, 'Materials for Hard Landscaping, Woodland Paths'. The edging to the pathway will be timber, the scalpings, referred to in this application, will be crushed granite chippings from South Barrule. The pea gravel will be 2-5mm red granite in natural resin.
2. The ground surrounding the proposed paths will be graded with Common Laurel under the existing trees to be maintained at a height of 1.3 m to act as a 'safety barrier'. The applicant's agent suggests that in time this will grow to the edge of the paths concealing the timber edging detail and as a hedge it will be dense enough to enclose the path and reduce the risk of stepping off the path.
3. The pedestrian entrance leading from the Woodland area to the Methodist Garden annotated ' $E$ ' on Drawing No. 2013/01, will be a gate in a cottage style. Its construction will be close boarded timber, ledged and braced with a lockable latch. The timber will be treated, not painted and left as a natural material.
4. The gates referred to at ' $F$ ' on Drawing No. 2013/01 are the existing gates taken from the Derby Road entrance and relocated to this position.
5. As these works are a continuation of the previously approved scheme for landscaping the immediate environs to the Cathedral, utilising the same materials, finishes etc. these proposals are considered to respect the character of the setting of the Registered Building and the Conservation Area within which it is located and is therefore acceptable.
6. In conclusion; the works proposed in this application are considered to respect the character of the Registered Building and the Peel Conservation Area within which it is located and in doing so, comply with the relevant planning policies from the Isle of Man Strategic Plan 2007 i.e. Strategic Policy 4, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5, RB/10 and CA/2 from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).

Recommendation

1. Permit.

Party Status

1. The local authority, Peel Commissioners, is by virtue of the Town and Country Planning (Development Procedure) (No2) Order 2013 (Article 6(4)(e), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of 01.11.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

$\mathbf{N}$ : Notes attached to conditions $\mathbf{R}$ : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the following information all date stamped 20 Jun 2013: A3 Location Drawing scale 1:1250 A3 Drawing No. 2013/01 Measured Survey Disabled Access

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00765/CON Vicars And Wardens Of St German's Cathedral Registered Building Consent for revised route of pedestrian path (retrospective, RB no 204 in association with 13/00764/GB), St German's Cathedral Grounds Derby Road Peel Isle Of Man IM5 1HH Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 02.07.2013, includes;

Listed Buildings: Address: St Germains Church Vicar \& Wardens,Derby Road,Peel,Isle Of Man,IM5 1HH Grade: REGISTERED BUILDING Description: Reference Number: 05/00204/REGBLD1 Address: St Germains Church Vicar \& Wardens,Derby Road,Peel,Isle Of Man,IM5 1HH Grade: Conservation Grant application Description: Grant Application for re-roof Reference Number: 02/00119/HB Address: St Germains Church Vicar \& Wardens,Derby Road,Peel,Isle Of Man,IM5 1HH Grade: Conservation Grant application Description: Grant application for Boundary Wall repairs and landscaping works. Reference Number: 00/00037/HB Reg Tree Areas: Registered Trees Areas: Tynwald Road / Lyndale Avenue Conservation Areas: Cons Areas: Peel Cons Area Dev Control Polygons: Reference Number: 12/01274/GB Status: Permitted Proposal: Removal of louvres from four window openings and the installation of replacement GRP louvres (in association with 12/01275/CON) Reference Number: 10/01814/B Status: Permitted Proposal: Renovation, alterations and erection of extensions Reference Number: 12/00417/CON Status: Permitted Proposal: Registered Building consent for the removal of pews (Registered Building Nos. 204) Reference Number: 02/00692/B Status: Permitted Proposal: Replacement of tarmac with concrete setts and widening of drive and access, area outside main public entrance of Reference Number: 05/01502/GB Status: Permitted Proposal: Alterations to north entrance, introduction of paving setts, forming new steps and disabled ramp, relocation of car parking (with additional spaces and landscaping) and

relocation of lamp post and flag pole (amendments to approved 02/00692) (in association with 05/01502CON)

Reference Number: 09/00725/CON Status: Permitted Proposal: Registered Building consent for internal alterations and erection of external notice boards (In association with 09/00726/D) Registered Building Nos. 204

Reference Number: 10/00676/CON Status: Permitted Proposal: Registered Building consent for the installation of a Nave Organ, double ending all pews in aisles to make them movable. Registered Building Nos. 204

Reference Number: 13/00764/GB Status: Pending Consideration Proposal: Revised route of pedestrian path (retrospective, in association with 13/00765/CON)

Reference Number: 05/01502/CON Status: Permitted Proposal: Alterations to north entrance, introduction of paving setts, forming new steps and disabled ramp, relocation of car parking (with additional spaces and landscaping) and relocation of lamp post and flag pole (amendments to approved 02/00692) (in association with 05/01502GB)

Reference Number: 89/00149/B Status: Permitted Proposal: Siting of 10 m flagpole, grounds of St Germans Cathedral, Peel

Reference Number: 00/02069/B Status: Permitted Proposal: Widening of access between Corrin Hall and Reference Number: 08/00848/CON Status: Refused Proposal: Registered Building consent to erect a dwelling within grounds of (In association with 08/00822/GB) Registered Building Nos. 204

Reference Number: 12/01275/CON Status: Permitted Proposal: Registered Building Consent for the installation of telecommunication equipment within the bell tower (RB no 204 in association with 12/01274/GB)

Reference Number: 09/00726/D Status: Permitted Proposal: Erection of two notice boards (In association with 09/00725/CON)

Reference Number: 11/00023/GB Status: Permitted Proposal: Creation of landscaping scheme including the erection of an electricity sub station, replica keeill and hermits cell, and bus shelter lay- by (In association with 11/00024 CON)

Reference Number: 10/01641/CON Status: Permitted Proposal: Registered Building consent for internal alterations to the South Clergy Vestry, electrical re-wiring and installation of lighting scheme to the main body of the Cathedral and installation of kitchen facilities to the North Transept. Registered Building Nos. 204

Reference Number: 92/00366/B

Status: Permitted Proposal: Alterations to Flower Room and Vestry, St Germans Catherdral, Peel

Reference Number: 11/00024/CON Status: Permitted Proposal: Registered Building Consent for creation of landscaping scheme including the erection of an electricity sub station, replica keeill and hermits cell, and bus shelter lay- by (RB No 204 in association with 11/00023 GB)

Reference Number: 08/00822/GB Status: Refused Proposal: Erection of a dwelling within grounds of PLanning Enforce: Reference: 13/00091/COMP Status: Pending Consideration Nature of Enforcement: Alleged construction of a disabled ramp from Cathedral grounds down to Lindale Avenue

Reference: 12/00264/COMP Status: Case Closed Nature of Enforcement: Alleged implementation of PA 12/01274 /GB without approval