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19 November 2014 14/00806/GB Page 1 of 8 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00806/GB Applicant : The Vicars And Wardens Of St German's Cathedral Proposal : Landscaping works in Cathedral grounds relating to the erection of three sculptures (in association with PA 14/00807/CON) Site Address : St German's Cathedral 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

1.0 THE SITE

1.1 The site represents the western portion of land between western gable of St German's Cathedral, Peel and the boundary to Atholl Street. The site is currently heavily wooded with mature trees. These proposals will not result in the loss of any of those trees.

1.2 St German's Cathedral is a Registered Building (RB 204), added to the Protected Buildings Register on the 18th October 2002 located within the Peel Conservation Area designated in 1990.

2.0 THE PROPOSAL

2.1 The application seeks Planning Approval for landscaping works in Cathedral grounds relating to the erection of three sculptures (in association with PA 14/00807/CON).

3.0 PLANNING HISTORY

3.1 This is the current application in a string of recent applications to alter and add to the Cathedral. It is clear from discussion, that there is a desire to increase the usability of the Cathedral as a result, the following applications are considered relevant:

13/00765/CON - Registered Building Consent for revised route of pedestrian path (retrospective, RB No 204 in association with 13/00764/GB) - Application Permitted

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

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19 November 2014 14/00806/GB Page 2 of 8 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

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

4.0 DEVELOPMENT PLAN POLICIES

4.1 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.

4.2 The site also lies within Peel's Conservation Area and the building is Registered (RB No. 204).

4.3 As St German's Cathedral is a Registered Building (RB 204) and is located within the Peel Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2, Strategic Policy 4, Environment Policies 32 and 35 and Policies RB/3, RB/5, RB/10 and CA/2 from Planning Policy Statement 1/01 (Policy and

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19 November 2014 14/00806/GB Page 3 of 8 Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) is also considered to be relevant to determining this application.

General Policy 2 states:

"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."

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 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/3 General Criteria applied in considering Registered Building Applications states:

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19 November 2014 14/00806/GB Page 4 of 8 "General criteria applied in considering registered building applications. The issues that are generally relevant to the consideration of all registered building applications are:-

o 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;

o 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;

o 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)."

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.

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19 November 2014 14/00806/GB Page 5 of 8 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."

5.0 CONSULTATIONS:

5.1 Peel Commissioners comment 'recommend for approval.'

5.2 The Department of Infrastructure Highways Services 'Do not oppose'.

5.3 DEFA have commented as follows:

"Whilst I am generally supportive of adding sculptural interest to our towns, it is my duty to point out that the proposals involve uplighting within trees that are likely to be foraging habitat for bats (and might even have roosts). I have previously recommended that a bat survey might be useful to the cathedral, bearing in mind the scope of the ongoing developments there, but I am not aware of a survey having been undertaken yet. However, I know that brown long-eared bats inhabit the town centre and these are considered to be woodland foragers which do not move far from their roosts. These, and adjacent, trees probably form the best habitat within the town centre. I therefore suggest that there might be an impact on the use of the site by some bat species (those that tend to avoid light, such as the brown long-eared bat) if the proposals cause a glow within the tree canopy, which would probably be unavoidable. Whether this might be deemed a significant impact or not would depend on the strength and range of the lit area and the bat activity found at the site. The way to assess this would be to get a bat survey and lighting diagrams."

5.3.1 Following discussion with the applicant's agent regarding the above, a Bat Survey has been carried out by the Manx National Trust which concludes that 'there is no active roost sites within the trees, or being accessed via the building walls located close to the proposed sculptures. There is however activity of bats foraging in and around the tree canopy of the site'. The report recommends that the potential impact of lighting on any foraging bats using the Cathedral grounds can be mitigated by adopting a combination of the following; o The use of low intensity LED's in a longer wavelength frequency. o Angling of the LEDs fitted within the head of the sculpture to create a wash effect under the translucent disc, rather than an upwards directed angle which may create a 'searchlight' effect. o Fitting of a light sensor and timer to switch off lighting after a set time (eg 10.30 pm) o Angling of the LEDs in the base to face slightly inward to wash up the sculpture. The agents have confirmed that a sensor/timer will be fitted to the lights and that 10.30pm is an acceptable time.

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19 November 2014 14/00806/GB Page 6 of 8 The sculptor is currently discussing suitable fittings with Luminaires of Douglas. Luminaires have confirmed that various fittings are available and the remaining conditions of the report can be complied with. 6.0 ASSESSMENT

6.1 The application seeks Planning Approval for landscaping works in Cathedral grounds relating to the erection of three sculptures (in association with PA 14/00807/CON).

6.2 These are the latest proposals in the landscaping scheme taking place around the Cathedral part of which was previously approved in applications 11/00023 GB, in association with 11/00024 CON for the creation of landscaping scheme including the erection of an electricity sub-station, replica keeill and hermit's cell, and bus shelter lay-by. The landscaping scheme is intended to help tell the story of Christianity on the Island.

6.3 The works here entail the planting of 'box' hedging to formalise and sub-divide the area to the north west of the War Memorial, which backs onto the Corrin Hall on Athol Street and the south western corner bounded by a garage on Atholl Street and dwellings to the immediate south of the site.

6.4 The southern garden known in these proposals as the Knockaloe Gardens will include a sculpture entitled 'The Knockaloe sculpture' which is proposed to be 3 metres high formed in stainless steel. The application information informs that the sculpture will incorporate imagery relating to Joseph Pilates' exercises and Archibald Knox designs intertwined with barbed wire as an emblem of the Knockaloe internment camp. The oval base is to be made from hand painted bricks based on fables from four different parts of the world that have experienced genocide. The sculpture is set within four themed gardens based on the four regions of the world that feature in the fables.

6.5 Two Peace Poles at 3.75m high, constructed in smooth Portland stone or with a Portland cement render and illustrated from below with LED lighting are located to the rear of the garage on Atholl Street and the rear of the Centenary Centre on Atholl Street. The poles are to be set at the end of a short avenue of box hedging that focus on the War Memorial. The poles have the phrase 'May peace prevail on earth' written on them in various languages.

6.6 An avenue of trees is proposed to line the access from the Athol Street entranceway which will emphasise the vista from the Atholl Street gateway to the Cathedral.

6.7 The proposals are considered to enhance the setting of the Registered Cathedral and its link with Atholl Street and the wider Conservation Area of Peel and are therefore acceptable. In doing so, it is considered that the application conforms to the basis of General Policy 2, Strategic Policy 4, Environmental Policies 32 and 35 from the Isle of Man Strategic Plan 2007 (20th June 2007) and Policies Policy RB/3 General Criteria applied in considering Registered Building Applications, RB/5 Alterations and Extensions, RB/10 - Ecclesiastical Buildings and CA/2 Special Planning Considerations of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is therefore correspondingly acceptable.

8.0 RECOMMENDATION:

8.1 For the above reasons the application is considered to be acceptable and is recommended for approval.

9.0 PARTY STATUS:

9.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest

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19 November 2014 14/00806/GB Page 7 of 8 in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, or any other person in whose interest the land becomes vested; the Department of Environment, Food & Agriculture, as their comments have been deemed material; Highway Services, and the Local Authority, Peel Commissioners in whose district the land the subject of the application sits.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

19.11.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. Prior to the commencement of the development, a drawing is to be submitted to and approved by the Planning Authority in respect of the lighting of the sculptures, to include the following information;

o The use of low intensity LED's in a longer wavelength frequency. o Angling of the LEDs fitted within the head of the sculpture to create a wash effect under the translucent disc, rather than an upwards directed angle which may create a 'searchlight' effect. o Fitting of a light sensor and timer to switch off lighting after a set time (eg 10.30 pm) o Angling of the LEDs in the base to face slightly inward to wash up the sculpture.

Reason: In order to mitigate the potential impact of lighting on any foraging bats using the Cathedral grounds.

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Drawing Numbers 0804G/01 Rev A 'Location Plan', 0804G/04 'Existing Site Plan', 0804G/05 'Proposed Site Plan', 'Architectural Illustration - Sheet 1', 'Architectural Illustration - Sheet 2', document entitled 'Cathedral Isle of Man - Proposed Sculptures July 2014' all date stamped 10 July 2014.

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19 November 2014 14/00806/GB Page 8 of 8

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

Decision Made : Permitted Date : 28/11/14

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed : Michael Gallagher

Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management