29 August 2023 · Delegated
St Germans Cathedral, Derby Road, Peel, Isle Of Man, IM5 1hh
Permission was granted for a new pedestrian access from Derby Road into the grounds of St Germans Cathedral and Corrin Hall in Peel. The site sits along the boundary with Derby Road, and the Cathedral is listed on the Protected Buildings Register. The application was considered against the character of the conservation area, the setting of the registered building, visual and amenity impact, and highway safety. During the process, the proposed access was widened to 1.2m following comments from the Department of Infrastructure. The application was decided under delegated powers and approved with two conditions attached.
The Department of Environment, Food and Agriculture approved the application. Key planning considerations included the visual and amenity impact of the new access, the character of the conservation area, and the setting of St Germans Cathedral, which is a registered protected building. The proposed access width was widened to 1.2m following comments from the Department of Infrastructure before the decision was made.
statutory tests of development in Conservation Areas
The Act
he proposed level of development on the highway system. Essentially, the evidence demonstrated that the highway network could cope with the expected traffic growth up to 2026. The Strategic Links18 between the communities on the Island (the Centres referred to in the Spatial Strategy) are below. Strategic Link Roads in the East Highway Route A1 Douglas to Peel A2 Douglas to Laxey A2 Laxey to Ramsey A5 Douglas to Ballasalla A18 Douglas to Ramsey 17 Chapter 11, Isle of Man Strategic Plan 2016 18 Chapter 11, Isle of Man Strategic Plan 2016 Douglas, as the Main Centre, sits at the top of the hierarchy of service provision and is home to most of the Island's principal businesses and shops. More 'strategic links' converge on Douglas than anywhere else on the Island. The public transport network consists of buses and seasonal rail services. Lord Street currently serves as the main bus transfer hub although during the lifetime of the plan the creation of a bus station may need to be addressed. There is a short section of cycle route on Peel Road which is a strategic route i n from the South and West. Further opportunities are still under investigation and are likely to develop further alongside other measures as part of the delivery of the Active Travel Action Plan 19. The intention is to provide better and safer cycling and walking routes into and out of Douglas, better links between vehicular routes and off road routes with an overall policy goal of increasing the number of people travelling actively. The Area Plan fully supports the integration of the Active Travel Strategy into the sustainable development framework for the East. Particular Issues in the East Traffic Congestion and Road Junctions The Isle of Man Strategic Plan 2016 concluded that following junctions experience regular traffic congestion: • Quarterbridge Junction • Mountain Road/Governor's Road Junction • Glencrutchery Road/Victoria Road Junction The implications of adding the new housing units needed in the East to the road network during the plan period are set out in the Strategic Plan (see below): i. the Strategic Links are, and should, continue to operate within their 3,060 vehicles per hour capacity for the duration of the Isle of Man Strategic Plan (up to 2026); ii. the Quarterbridge and Governors Hill junctions will continue to operate at greater than 85% capacity and the increased traffic flows predicted in all the assessments will increase congestion at these locations; and iii. traffic flows at the Parliament Square junction in Ramsey, Ballacraine junction, and Main Road junction at Onchan are all set to incr ease by 2026 which will increase congestion at these locations. Outside of the East Plan area, sensitivity tests were undertaken in the Strategic Plan based on the planned level of development from 2011 to 2026. These concluded that: i. on the Ballacraine to Ramsey Strategic Link, there was no requirement to undertake further traffic congestion investigation work in rural village locations such as Kirk Michael; and ii. on the Castletown to Ballasalla and Ballasalla to Douglas links there would be the requirement for traffic congestion investigation work in Ballasalla in 2026. 19 GD 0043/18 Active Travel Strategy 2018 - 2021 From the outset of the preparation of this Plan, it has been acknowledged that the Onchan Main Road traffic signals would require further assessment. This would ensure that the junctions woul d not be subject to a high level of congestion as a resu lt of additional development. This was just one reason for carrying out detailed scenario testing work looking at different ways of spreading development across the settlements in the East. Network Capacity Issues - Roads and Utilities During the early stages of the Plan, work was undertaken to help understand both the infrastructure and environmental implications of different growth distribution patterns within the East. The servicing of Baldrine and Laxey for sewer and mains water supply were identified as matters of concern and limitation in capacity. This arises both from advice from the servicing Authority, Manx Utilities, and consideration of the public consultation respo nses. Levels of development in those two locations in terms of how they may or may not be able to be serviced and the timeframes involved were visited and re-visited throughout the plan stages and the Public Inquiry. In terms of i dentifying and addressing network capacity, new development requires water and sewer services, electricity, telecommunications and legal access connection to the road network. These are reasonable expectations of modern society and ensure a basis of healthy and connected communities for all. All sites identified can in principle be adequately serviced. Some sites will have to address specific issues set out in Development Briefs. Judgements will always be made at the planning application stage as to what
Strategic Policy 1
Isle of Man Strategic Plan 2016
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
general standards towards acceptable development including highway safety
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
use of traditional materials
Isle of Man Strategic Plan 2016
Environment Policy 34: In the maintenance, alteration or extension of pre -1920 buildings, the use of traditional materials will be preferred. 7.29 Development within Conservation Areas 7.29.1 Conservation Areas are designated where the Department is satisfied that there is an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance. Accordingly, the Department will; i. appraise and review existing Conservation Areas; and ii. designate new Conservation Areas where Conservation Area appraisals have revealed individual areas to be worthy of such status. 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearanc e. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally gra nt assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas.
preserve or enhance a conservation area
Isle of Man Strategic Plan 2016
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
Planning Policy Statements
Planning Circular 1/98 # THE ALTERATION AND REPLACEMENT OF WINDOWS The Department of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Isle of Man IM1 2SF July 1998 # THE ALTERATION AND REPLACEMENT OF WINDOWS ## INTRODUCTION 1. This Planning Circular sets down the Department's policies in respect of the alteration or replacement of windows. These policies vary according to the age, merit and location of the building. For ease of use, the Circular divides buildings into several categories, and sets out the policies and reasoning for each category. ## NEED FOR PLANNING APPROVAL 2. This Circular should be read in conjunction with the recent Permitted Development Order (S.D. 664/97). The effect of the Order is that, with certain exceptions, the installation of a window in an existing aperture in a building erected after 1920 does not require planning approval. The exceptions are - a) Where the building is a registered building or in a conservation area, or in an area in respect of which the Planning Committee has passed a resolution to the effect that planning approval is required for such work; or b) Where the work would be in breach of a condition imposed on the grant of planning approval. ## GENERAL REASONING 3. The appearance of any building is strongly influenced by the detailing of its windows. The character and integrity of a building are usually best preserved by the retention and repair of the original windows, or, if this is not possible, the installation of replacements which respond suitably to the original design. In this context, "original" means those windows which were installed in the building at the time of its construction. If you are in doubt as to whether the existing windows are the originals, the staff in the Office of Planning may be able to give advice. ## BUILDING CATEGORIES 4. For the purposes of this Circular, buildings have been divided into the following categories:- a) Registered Buildings b) Buildings in Conservation Areas c) Buildings erected before 1921 and not falling within a) or b) which have largely retained their original character d) Other buildings erected before 1921 e) Buildings constructed after 1920 which do not fall into category a) or b) and which are not subject to previous planning conditions restricting the installation of replacement windows. Subsequent paragraphs of this Circular deal with each category in turn. ## Category a) REGISTERED BUILDINGS 5. Policy If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation. Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent. Planning Approval and Registered Building Consent ARE ALWAYS required. Category b) BUILDINGS IN CONSERVATION AREAS 6. Policy If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction. Reasons for Policy: The Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall by order designate such areas as Conservation Areas. Planning Approval is required for all external works to properties in Conservation Areas to ensure that any proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. Planning Approval IS REQUIRED for alteration or replacement of window in the category of buildings. Category c) BUILDINGS ERECTED BEFORE 1921 AND NOT FALLING WITHIN CATEGORIES a) OR b) WHICH HAVE LARGELY RETAINED THEIR ORIGINAL CHARACTER 7. For ease of use, this category has been divided into two, based on the location of the building: i) Buildings in an Urban Setting Policy In the individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the said principal elevations to have the same method of opening as the originals. Whatever the materials used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows. Windows are not part of the principal elevations and which are not readily visible from a public thoroughfare should preferably have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in their construction. Reasons for Policy: In many of our towns there are individual and groups of buildings which, although not worthy of Registration and not located in Conservation Areas, make a most important contribution to the local townscape; e.g. prominent corner sites or terraces. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement in response to the original architectural concept. Planning Approval IS REQUIRED for alterations or replacement windows in this category of buildings. ii) Buildings in a rural setting Policy In an individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable or the existing windows are not the originals, the preference will be for replacement windows on the said principal elevations, to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows. Windows not part of the principal elevations and which are not readily visible from a public thoroughfare should preferable have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material use in their construction. Reasons for Policy: The Island is fortunate in that it still retains a considerable number of unspoilt traditional vernacular buildings which epitomise the quality of the rural landscape. These buildings may not be worthy of Registration, and may not be located in Conservation Areas, but they do make a most important contribution to the traditional character of the rural landscape. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement whilst preserving the original vernacular style. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category d) OTHER BUILDINGS ERECTED BEFORE 1921 8. Policy Replacement windows should preferably be the same or as similar to the originals in the pattern of the glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows in such properties. Reasons for Policy: Many buildings fall within this category and although there is little in the way of restriction, the aim is to encourage simulation of the original glazing pattern and this will apply particularly to buildings which are part of a larger group, such as a terrace, where replacement windows, if carefully designed, may serve to enhance the overall appearance of the group. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category e) BUILDINGS CONSTRUCTED AFTER 1920 WHICH DO NOT FALL INTO CATEGORIES a) OR b) AND WHICH ARE NOT SUBJECT TO PREVIOUS PLANNING CONDITIONS RESTRICTING THE INSTALLATION OF REPLACEMENT WINDOWS. 9. The installation of replacement windows in these buildings does not require planning approval. The Department nevertheless recommends that the design of such windows should respect the architectural style of the building. ## FINANCIAL ASSISTANCE 10. Attention is drawn to the fact that the repair of existing windows or the installation of replacement windows may qualify for grant assistance under Financial Assistance Schemes which the Department operates. Further information regarding the availability of Grant Assistance is obtainable from the Finance Section of the Department. ## REVOCATION AND STATUS 11. Planning Circular 2/93 (Replacing External Doors and Windows) is herby withdrawn. 12. This Circular is issued by the Department in accordance with Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982. 13. Further advice or information is available from: The Planning Office Department of Infrastructure 1st Floor Murray House Mount Havelock Douglas Isle of Man .
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
For the avoidance of doubt this approval relates to the creation of the 1.2m wide pedestrian access only. No approval is granted to any other works relating to car park layout and finishes, EV charging points, vehicular access gates or bollards etc.