182680

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00529/GB Applicant : The Vicar & Wardens Of St Germans Cathedral Proposal : Alterations, erection of extension to South elevation, installation of roof lights, replacement of railings to boiler room, provision of external screening and internal alterations to provide toilet, kitchen, multi function space and cafe facilities (In association with 18/00530/CON) Site Address : Cathedral Isle Of Man (formerly St Germans Cathedral) Derby Road Peel Isle Of Man IM5 1HH

Principal Planner: Miss S E Corlett Photo Taken : 04.05.2019 Site Visit : 04.05.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.08.2019 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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 undertaking of any excavation for the installation of the air source heat pump, detailed plans of the location of the works and the necessary engineering works with details of any externally apparent construction, must be approved by the Department and the works undertaken in full accordance with these details.

Reason: to control the development within a Conservation Area and to and alongside a Registered Building.

C 3. Prior to the undertaking of any works to the roof structure, a survey for bats must be undertaken and the report approved by the Department, to ensure that this species which is protected under the Wildlife Act 1990, are not endangered. If any bats are found, appropriate mitigation must be included in the report and undertaken in accordance with the approved details.

Reason: to accord with Environment Policy 4 of the Strategic Plan.

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Plans/Drawings/Information;

This decision relates to drawings 0804B/01 received on 18th May, 2018 and 0804B/02A, 0804B/03A, 0804B/04A, 0804B/05, 0804B/06A, 0804B/11, 0804B/12A, 0804B/13A and 0804B/14A all received on 18th April, 2019 and the details of the railings received on 21st May, 2019. __

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

9, Peveril Terrace as it is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY OBJECTS AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

PRELIMINARY COMMENTS There is also a current application for Registered Building consent which cover the external works which are proposed in this application as well as internal works which are listed below but which are not part of the planning application. The applicant has requested that the planning application be considered in advance of the RB application which is still subject to discussions regarding a particular part of that proposal (which does not require planning approval).

THE SITE 1.1 The site is the curtilage of St. German's Cathedral, referred to by the applicant as Cathedral Isle of Man, which sits to the east of Atholl Street, accessed via a set of gates securing a pedestrian and vehicular driveway into the site. The whole site, which also includes the Corrin Hall and the associated cathedral car park, extends to Derby Road with a public car park to the east beyond which sit the police station, the vicarage and the telephone exchange which front onto Albany Road.

1.2 The Cathedral is a large, important building within the town, built of sandstone and sitting within grounds which are edged with stone walls with metal railings atop. The cathedral is Registered and sits within the heart of the Conservation Area. Planning approval was granted for the erection of a sizeable extension to accommodate additional office and living accommodation associated with the users of the site (14/00066/GB and 14/00067/CON). These works have been commenced.

1.3 The site has also undergone, with the benefit of planning approval, various changes to the landscaping around the building with the recent introduction of a floral garden, paving, sculptures and terracing so those visiting the site can enjoy the outside as well as the inside of the building. At the time of the site visit (04.05.19) the church was open, people were walking around the grounds and some had gone inside to use the facilities.

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1.4 The main, public entrance into the cathedral is via the northern elevation from where one proceeds into a stone walled entrance lobby then into a modern, timber foyer which sits within the main part of the church proper. There is an open area at the rear of the church with information for visitors and also where the font is situated. To the east of this is the main area of pews separated by a tiled walkway beside which sit large, black heating pipes which also skirt around the southern transept. The timber flooring either side, including the area where the pews sit, is raised by around 100mm.

1.5 The area where the toilets and kitchen are situated is accessed by a timber, carpeted ramp with warning stripes marked out in tape.

1.6 The pews are dark timbered structures with solid ends, an upright back and projecting bench seat, each clad in a long red cushion.

THE PROPOSAL 2.1 Proposed are a number of works, both internal and external. The internal works are not required to have planning approval but will require Registered Building consent, which is also being applied for under 18/00530/CON. Overall, the works are intended to make the building more accessible and with improved kitchen and toilet facilities for its users as well as making the facility suitable for holding choir and music recitals.

2.2 External changes 2.2.1 Originally, a garden room was proposed to use the aperture which was to be the new access from the cathedral into the approved cloister building (14/00066/GB and 14/00067/CON). Following concerns from the Department, echoed by the Peel Town Commissioners, this element is no longer proposed. Instead, it is simply proposed to introduce of an entrance door beneath an existing window in the southern elevation. This involves the insertion of a 2.6m wide entrance, the same width as the large, arched window above, within which will be four double glazed units, two of which will open. All of the units are to have a metal decorated screen which will cover them when the cathedral is closed. This wall of the cathedral is currently being monitored following the discovery of cracks in the stonework. The formation of the entrance will be part of this structural work.

2.2.2 Proposed is also the introduction of a fenced bin store alongside the south vestry. This will comprise a 1.8m high timber slat fenced screen within a galvanised metal frame and a secure gate, all to abut the main building and from which there is direct access from the kitchen and out of which there is pedestrian access to the outside of the building.

2.2.3 Also proposed is an air source heat pump to be installed to the east of the building, covered by an area of timber decking and the replacement of the existing metal railings alongside the steps leading down to the basement/boiler room. These are described as non compliant with current regulations. These will be replaced with simple metal railings with horizontal elements across the top and bottom. The air source heat pump will be installed in the existing bank adjacent to the path beside the building's eastern side, 7.5m from the nearest tree and with the installation of a concrete base on which the pump will be situated with decking on top. The slab will be cast at path level so should not involve significant excavations. They would have no objection to a condition which requires details of this to be approved prior to the commencement of works on this element.

2.3 Rooflights are to be installed in the northern elevation, all conservation type.

2.4 The applicant would have no objection to the reiteration of the condition requiring a bat survey prior to the undertaking of any work within the eaves of the building.

2.5 The applicant has provided a statement of significance and statement of needs which describes each feature of the church, whether these would be changed or not, and additional details about the need for the changes.

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PLANNING POLICY 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

(3) In considering -

(a) whether to grant planning approval for development which affects a registered building or its setting, or

(b) whether to grant registered building consent for any works,

the relevant 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.

S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act

3.2 THE ISLE OF MAN STRATEGIC PLAN 2016 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.

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.

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.

3.3 Planning Policy Statements:

1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

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:- 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

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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 effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

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.

POLICY RB/8 ACCESS FOR PERSONS WITH DISABILITIES It is important in principle that persons with disabilities should have as dignified and easy an access to historic buildings as is reasonably possible. If this consideration is treated as part of an integrated review of access requirements for all visitors or users, it should be possible to plan suitable access for such persons, without compromising a building's special qualities. Alternative routes or re-organising the use of spaces may achieve the desired result, without the need for damaging alterations. Innovative solutions, such as de-mountable structures, may be possible, thus giving ready access to the building for all users, without disfiguring destruction of historic fabric.

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

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appropriate way to progress such works.

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.

3.4 There are also general policies which are applied irrespective of Conservation Area or Registered Building status which protect the environment as follows:

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:

(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; (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;

Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.

Environment Policy 4: Development will not be permitted which would adversely affect:

(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats;

(ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.

(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

PLANNING HISTORY

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4.1 The site has been the subject of many recent applications for alterations to the grounds and the building itself. The most relevant are referred to above.

REPRESENTATIONS 5.1 Highway Services indicate that there is no highway interest in the application (21.06.18).

5.2 Peel Town Commissioners raise objection to the proposed garden room as an inappropriate feature on the site (24.06.18). Following the submission of the amended plans, the Commissioners reiterate their objection to the door, suggesting that this is premature, out of keeping and detrimental to the character of this historic, sandstone building (21.06.19)

5.3 The Arboricultural Officer of the Department raises concerns about tree protection in respect of the air source heat pump and the works required to implement the proposed garden room indicating that if these concerns are not addressed, the application is opposed (12.06.18). Following the submission of additional information, the Officer indicated that damage has probably already been done to any adjacent trees through the changes of level of the garden areas and as such any small excavation needed for the heat pump is not significant (14.05.19).

5.4 Ecosystems Policy Officer of the Department expresses concern about the roof mounted lighting which may have an effect on bats which frequent the trees surrounding the site (22.06.18). The applicant has clarified that the reference to lighting is to rooflights, not roof mounted lighting (03/07/18).

5.5 The resident of 9, Peveril Terrace has no objection to the works but does object to the site being referred to as Cathedral Isle of Man where it should be The Cathedral Church of St. German (15.06.19).

5.6 The Registered Buildings Officer, when in post commented as follows:

"Report detail The proposals are for a major re-ordering involving the loss and replacement of many internal features, and no information relating to the provenance of the pews or flooring to be removed or any attempt to understand the impact of the proposals on the significance of this registered building have been provided for in this application. The Church of England requires that under its own Faculty process that where a building is registered the following information is required.

"a "statement of significance" describing the significance of the building in terms of its special architectural and historic interest and; a "statement of needs" justifying the proposals."

I would expect this information to be submitted as part of the RB consent application as in accordance with policies RB5 and RB10 of circular 1/01.

As the works are extensive it would be useful to know what expert conservation advice the Diocese has sought in developing its plans, it is usual that experts including Conservation Accredited Architects that are members of the Diocesan Advisory Committee would be engaged in such proposals.

Before commenting on the proposed loss of the flooring, pews and alterations to the font, I need more information as to their provenance.

I have concerns regarding the proposed mezzanine that will create a subdivision across a window.

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No technical information has been provided for the proposed air source heat pumps or immersion font, given this a traditionally constructed stone building, both have the potential to impact upon the building's ability to regulate moisture and will require a level of intervention, more information is required on both these items and the air source heat pump should follow best practice guidance and technical advice in relation their introduction to historic buildings, without this information I cannot be satisfied these technical matters have been considered fully.

I also consider that further information is required in relation to the proposed garden room, it is stated this will eventually form part of a previously approved scheme, yet this has not been shown within that context.

The proposals also seek to modify the existing entrance, due to issues of a wind tunnel, I would advise that any modifications required are first undertaken to the modern internal lobby than the historic porch, alterations to the historic porch should be the last resort and avoided if modern additions can be altered.

I consider the application is lacking sufficient information in accordance with Policy RB/5. I would advise that a meeting with the applicant and any other interested parties such as the Victorian Society and MNH would be beneficial in understanding the proposals further and their impact upon the significance of this registered building.

Historic England have produced useful advice in relation to new work in historic places of worship I have attached this for information as best practice examples."

ASSESSMENT 6.1 The issues for the planning application is whether the works would have any adverse impact on the character or appearance of the building, given its position within the Conservation Area and the status of the building as a Registered Building. Given the comments raised by other parts of the Department it is also relevant to consider whether the works would have any adverse impact on the existing trees and ecology of the site which are protected under Environment Policies 3 and 4 and General Policy 2.

6.2 The impact of the works on the character and appearance of the area would be limited as the works are largely internal and therefore matters for the RB application rather than this planning application. The external works would add to and change the appearance of the building in terms of the bin store but this is in an area where a significant extension has already been approved and where, comparatively, what is now proposed would have much less of an impact.

6.3 The impact of the works on the internal layout of the building would have a significant impact. Whilst there is concern expressed about the removal of the pews (comments made in respect of the RB application) this is not work which would be controlled under the planning system.

6.4 The introduction of the air source heat pump would introduce more change to this part of the garden surrounding the church but it is noted that the gardens have recently undergone significant changes and where what is now proposed would not result in any adverse impact. Whilst the work is to be undertaken close to existing trees, the Arboricultural Officer comments that unfortunately, the works already undertaken have probably already damaged the mature trees at the top of the bank by raising the grounds levels and in this context, the small excavation required for the heat pump is not significant. Whilst the ventilation and heating of the building using alternative sources may affect the building, this is more a matter for the RB application.

6.5 The replacement of the railings would be an improvement on the existing and these railings are not considered to be of particular historic interest.

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CONCLUSION 7.1 It is considered that the works proposed would not have any adverse impact on the character and appearance of the building or the Conservation Area in which it is sited, particularly given the significant works which have approval and which have been implemented. The application is supported.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted

Committee Meeting Date: 09.09.2019

Signed : S CORLETT Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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