10 September 2020 · Committee
St Germans Cathedral, Derby Road, Peel, Isle Of Man, IM5 1hh
This application sought Registered Building consent for a range of internal and external alterations to St Germans Cathedral (also known as Cathedral Isle of Man) on Derby Road, Peel. The cathedral is a large sandstone building of significant historic importance, registered as a listed building and located within a Conservation Area. The proposed works included removing pews and re-finishing the floor, creating new toilet and kitchen facilities, a vestry, a multi-function space and café, alterations to the foyer and chancel access, and external changes such as a new opening and windows to the south transept, installation of rooflights, and replacement of boiler room railings. The scheme was revised during the application process to address concerns raised by the Registered Buildings Officer, including the removal of a proposal to replace the existing font with a full immersion font. The Planning Committee approved the application on 10 September 2020, subject to eight conditions.
The Planning Committee approved the Registered Building consent application on 10 September 2020. The scheme had been revised during the process to address concerns raised by the Registered Buildings Officer, including the removal of a proposed font replacement. Eight conditions were attached to the approval.
Registered buildings: supplementary provisions
special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest
Designation of conservation areas
special attention shall be paid to the desirability of preserving or enhancing its character or appearance
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
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 32: 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. 7.27 Change of Use of Registered Buildings 7.27.1The best use for a Registered Building is usually the use for which the building was designed. However, it is recognised that it is often necessary to look for a new use to secure the economic future of the b uilding. It is important therefore that any new use is appropriate and that physical alterations are sensitive to its character. (1) Curtilage is defined in Appendix 1
The change of use of Registered Buildings
will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental
Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest. 7.28 Traditional Building Materials 7.28.1 Traditional building materials can be classified as stone for walls , slates for roofs and softwood for window frames. Local materials help to form the character of settlements in the Island. For example, sandstone was a common building material in the development of much of the older parts of Peel and limestone was historically used in Castletown. Whilst the original sources of some materials are no longer operating, reclaimed material from old buildings is often available. Such re-use will be particularly encouraged where sites are to be redeveloped and there is evide nce of material on site which can be recycled and reused. It will, however, not be appropriate to demolish historic buildings merely to reclaim usable materials. Another important aspect when attempting to retain the historic building stock is the use of the most appropriate mortar; common across the Island's built environment has been the use of lime-based mortar and washes.
Within Conservation Areas
the Department will permit only development which would preserve or enhance the character or appearance of the Area
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.
General criteria applied in considering registered building applications
issues that are generally relevant to the consideration of all registered building applications
POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- • The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; • The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; • The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).
ALTERATIONS AND EXTENSIONS
POLICY RB/5 ALTERATIONS AND EXTENSIONS 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.
RECORDING OF BUILDINGS
written notice of a proposal to carry out the approved works must be given
POLICY RB/7 RECORDING OF BUILDINGS In the event of the granting of registered building consent to alter, extend or demolish a registered building, written notice of a proposal to carry out the approved works must be given to the Department of Local Government and the Environment and Manx National Heritage and for a period of at least one month following the service of such notice, reasonable access to the building must be made available for the purposes of recording the same, prior to the commencement of the approved works. Hidden features of interest are sometimes revealed during works of alteration, especially in older or larger buildings: chimney pieces, fireplaces, early windows and doors, panelling, early earth-based construction or other features may come to light. If there is any likelihood that hidden features may be revealed, conditions may be attached to an approval to ensure their retention or proper recording and may require exploratory opening up work to be carried out prior to considering the full content of an application for registered building consent. An applicant may also be required to pay wholly or in part for the cost of recording the building. ADVICE TO OWNERS Owners of Registered Buildings should obtain advice as to whether proposed works require Registered Building Consent from the Conservation Section of the Planning Division. Informal advice may be given to owners on the most appropriate way to carry out works to a Registered Building, as well as guidance on where further information may be obtained for themselves. In many such cases, professional or specialist advice may be required, especially where unusual problems are encountered.
ACCESS FOR PERSONS WITH DISABILITIES
persons with disabilities should have as dignified and easy an access to historic buildings as is reasonably possible
ECCLESIASTICAL BUILDINGS
POLICY RB/10 ECCLESIASTICAL BUILDINGS 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. FIXTURES AND CURTILAGE STRUCTURES The Registration of a building confers protection not only on the building, but extends to its full curtilage. Protection is also conferred on any object or structure fixed to the building, which is ancillary to the building. The word "fixed" is taken to have the same connotation as in the law of fixtures. The rule provides that any object or structure fixed to a building should be treated as part of it. It is a test, therefore, of fact in each individual case, as to whether a structure is free-standing or physically fixed to the building. Generally, it would be reasonable to expect some degree of physical annexation, together with indications that the annexation was carried out with the intention of making the object an integral part of the land or building. The principal tests as to whether an object or structure is within the curtilage of the Registered Building will relate to the physical layout of the land surrounding the Registered Building at the date of Registration and the relationship of any structures on the surrounding land to each other. Changes in ownership, occupation or use after the date of Registration will not bring about the de-Registration of a building which formed part of the principal building at the date of Registration. LEASEHOLD TENURE It is important that in creating a Leasehold Tenure of a Registered Building, particularly in the case of a fully or partially repairing Lease, notice of the building's Registered status should be passed from Landlord to Tenant, as the policies which apply to the Registered Building and its freehold estate, will generally be equally enforceable against the owner of a leasehold estate. (e.g. If a Leaseholder carries out unauthorised works which affect the special architectural character or historic interest of the building). FINANCIAL ASSISTANCE Grant assistance for works which would be judged to be routine maintenance and repair, would not usually be available as a matter of course. However, works to protect the structural integrity of the building, or which protect the architectural and historic interest of the building, may well merit financial assistance under one of the prevailing financial assistance schemes operated by the Department. Financial assistance can help ease the burden of the requirement to use traditional craftsmanship and materials, or to reinstate on a "like for like" basis. Each case will be judged upon its individual merits. CONSERVATION AREAS The Town and Country Planning Act, 1999 provides that: (1) The Department shall determine which parts of the Island are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, and shall by order designate such areas as conservation areas. (2) Before making an order under subsecti on (1) the Department shall consult - every local authority in whose district the area in question, or any part of that area, falls.
SPECIAL PLANNING CONSIDERATIONS
impact of such proposals upon the special character of the area, will be a material consideration
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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.
Condition 1
The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Condition 2
Before the relevant parts of the work begin details of the following items, to include plans, elevations and sections at a scale of 1:20 have been submitted to and approved in writing by, the Department: - a) Doors; - b) Windows; - c) Metal Screen The works shall not be carried out unless in accordance with the approved details.
Condition 3
No development shall take place until a method statement demonstrating the means to be employed in the works of demolition authorised by this permission and support of any retained structures has been submitted to and approved in writing by the Department. Demolition shall be implemented in accordance with the approved method statement.
Condition 4
Details of the proposed roof lights, i.e. type and size, shall be submitted to and approved in writing by the Department. The new roof lights shall be of a design which, when installed, shall not project forward of the general roof surface (and shall have a surround of a dark, matt finish). The roof lights shall be installed in accordance with the approved details and maintained as such thereafter.
Condition 5
Requires the submission of a schedule of new internal joinery details A schedule of new joinery internal joinery at a scale of 1:10 shall be submitted to and approved in writing by the Department prior to its installation. Such repairs shall be completed in accordance with the approved details prior to the and thereafter maintained.
Condition 6
Drawings of the proposed ramps and/or steps at a scale of 1:10 and including crosssections shall be submitted to and approved in writing by the Local Planning Authority prior to their installation. Such drawings should include details of all materials, plinths, copings and the profile, fixings and colour of handrails and supports. The ramps/steps shall be constructed in accordance with the approved drawings and maintained as such thereafter.
Condition 7
Prior to the commencement of works taking place details of the method for protecting the tiled floor of the registered building shall be submitted to, and approved in writing by, the Department. The works shall take place in accordance with the approved details and be maintained as such thereafter.
Condition 8
No development shall commence until a schedule of materials and finishes and samples of the materials to be used for all proposed works have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and maintained as such thereafter.