6 August 2019 · Delegated - Head of Development Management (Stephen Butler)
Grace Baptist Church, Market Street, Peel, Isle Of Man, IM5 1ad
The proposal involved demolishing 12 metres of the existing cement rendered boundary wall along Market Street to form two layby-style parking bays, each 3m wide by 6m long, finished in concrete with drop kerbs.
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The officer determined that the removal of 12m of the robust cement rendered boundary wall and the introduction of two vehicles parking directly in front of the church would result in a substantial ad…
General Policy 2
GP2 (h and i) requires development to provide safe and convenient access, adequate parking, and no unacceptable effect on road safety or traffic flows. The officer assessed the proposal as compliant in highway terms, with Highway Services confirming the layby design was adequate and no safety issues arose.
Environment Policy 35
EP35 permits only development which preserves or enhances the character or appearance of Conservation Areas, protecting special features. The officer found the wall removal and parking would harm the church's forecourt setting and historic streetscene, failing this test due to substantial adverse visual impact.
Do Not Oppose - the layby would be adequate to provide two disabled car parking spaces and should not affect the operation of the one way system on Market Street and should not create any new highway issues
Peel Town Commissioners and multiple local residents/Peel Heritage Trust objected to the application due to loss of historic wall in conservation area, while Highway Services had no objection subject to a highway agreement.
Key concern: removal of historic wall in conservation area
Peel Town Commissioners
ObjectionThe Commissioners opposed the following applications... 19/00331/B Construction of layby at Grace Baptist Church, Market Street, Peel because it would remove a large section of walling within the conservation area.
Highway Services Division
No ObjectionThe proposal would create an off-street layby to enable 2 disabled vehicles to park with adequate maneuvering space.; The proposed layby should not affect the operation of the one-way system on Market Street.; It would be up to the applicant to manage the use of the layby at all times.; Highway Services does not oppose the application.; Recommendation: DNO
Conditions requested: A S109A Highway Agreement would be required for the new vehicular access with dropped kerbs onto the adopted highway of Market Street; Any highway drainage implications resulting from the proposals would be dealt with as part of this process
Peel Heritage Trust
ObjectionWe wish to record our opposition.; Whilst sympathetic to parking needs, this can never be adequately met in the heart of the conservation area of this ancient place. The visual and historic loss is, in our judgement, too high a price to pay.
The original application sought approval to remove 12m of boundary wall and create two layby parking spaces at Grace Baptist Church to assist elderly and disabled visitors. It was refused on 6 August 2019 due to substantial adverse visual impact on the character and appearance of the Peel Conservation Area contrary to Environment Policy 35. The appellant appealed, arguing the building's long-standing church use, lack of highway safety issues, poor quality of existing forecourt, and needs of vulnerable congregation members. The council defended the refusal emphasizing historic significance of the forecourt and wall as per Cullen report and Policy 1/01. Third parties strongly objected on heritage grounds. The appeal was initially scheduled for hearing but converted to written representations; the appellant withdrew on 22 October 2019 after advice, and the inspector recommended upholding the refusal without formal decision issued.
Precedent Value
Demonstrates strict application of EP35 in Conservation Areas prioritises preserving historic streetscene elements like boundary walls over accessibility needs; future applicants must robustly demonstrate enhancement or alternatives like rear access/car-sharing; appeals risk upholding refusal if heritage harm outweighs benefits.
