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19/00331/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00331/B Applicant : Grace Baptist Church Proposal : Creation of a parking area (in association with 19/00334/CON) Site Address : Grace Baptist Church Market Street Peel Isle Of Man IM5 1AD
Planning Officer: Miss Lucy Kinrade Photo Taken : 02.07.2019 Site Visit : 02.07.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 05.08.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The substantial loss of the boundary wall and the subsequent parking of vehicles in front of the building results in a substantial adverse impact on the character and appearance of the Conservation Area and harming the overall historic quality of this part of the streetscene, and the proposal fails to preserve or enhance the character and appearance of the Conservation Area contrary to EP35.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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) as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018): o 17 Market Street o 28 Market Street o 30 Market Street
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) and are 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:
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o 1A Market Street o 3 Market Street o 25 Bridge Street o 29 Castle Street
It is recommended that the following organisation 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): o Peel Heritage Trust as they do not own or occupy property that is 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 and 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 Department's Operational Policy on Interested Person Status (July 2018).
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Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the extents of Grace Baptist Church, Market Street, Peel an existing church situated within the centre of Peel and within the designated Conservation Area. The existing church is set back slightly from the road with an area of hardstanding running the entire length of the front of the church and which is enclosed from the road by a fairly robust cement rendered wall. Within this wall is an existing pedestrian access around 1m wide.
1.2 To the rear, the site extends towards the Commissioner car park. The site is bound from the car park by a large Peel sandstone wall. There is no access from the site into the car park.
2.0 THE PROPOSAL 2.1 Full planning approval is sought for the removal of 12m of the wall and the creation of two off road layby style car parking spaces each 3m wide and 6m long. The proposed lay by is to be finished in concrete and installed with drop kerb adjacent to main road and small concrete kerb within the site to define the parking area.
2.2 The application form indicates that the proposal is to help facilitate access for visitors to the church, and to help those who find it difficult to park and walk to the church, especially as Market Street is one way and has double yellow lines to most of the road, on both sides.
3.0 PLANNING HISTORY 3.1 The site has been subject to a number of previous applications, most recent application was in 2009 for the erection of a rear extension to provide a church hall. A contemporaneous application for the site is currently being considered for Registered Building consent relating to the demolition works within the Conservation Area under PA 19/00334/CON
4.0 THE DEVELOPMENT PLAN 4.1 The site falls within a Mixed Use area as zoned on the Peel Local Plan, and also within the Peel Conservation Area. Accordingly, the application falls to be assessed against General Policy 2 (h and i) and Environment Policy 35 of the Strategic Plan.
4.2 General Policy 2 states (in part):
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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:
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;
4.3 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."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Highway Services of the DOI - Do Not Oppose - 07/05/2019 - 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. It would be up to the applicant to manage the use of the layby at all times and the applicant would be required to apply for a S109a for the dropped kerb and which would deal with any drainage implications on the highway resulting from the proposal.
5.2 Peel Town Commissioners - OPPOSE 09/07/2019
5.3 Peel Heritage Trust - OBJECT - (18/04/2019) the church makes use of the existing Mathematical School established in 1765. The existing building is a neoclassical style with a low, matching boundary wall enclosing a small courtyard which provides appropriate setting and circulation space. The church is set on a right angle turn given great prominence, with surrounding properties well maintained. While sympathetic to parking needs, this can never be adequately met in the heart of the conservation area. The visual and historic loss is to high a price to pay.
Neighbours views
5.4 The owners of:
1A Market Street - OBJECT - (23/04/2019) the creation of a car park at the front of the church is not in keeping with the heritage of the Peel Conservation Area.
3 Market Street - OBJECT- (23/04/2019) proposal will impact the former Mathematical School and there is ample disabled parking in Market Square.
17 Market Street - OBJECT - (18/04/2019) this area is of historical importance to Peel and is within the Conservation Area and forms part of the Heritage Trail. The removal of 12m of wall will affect the view of Market Street and the view from all windows and doors on the front
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elevation of No. 17, and the mismatch of levels and slope will be unsightly and increase surface water running onto the road. The proposal may potential create an open space becoming a play or gathering area causing noise and disturbance to residents. The parking area also being exploited by non-church goers during events and race weeks, could parking not be allowed on double yellow lines like St Patricks Church. The proposal will impact the values of immediate properties.
28 Market Street - OBJECT - (19/04/2019) the removal of the wall will drastically change the view of the conservation area and the parking of vehicles would obscure views of an important part of Peel's heritage. These spaces could also be used all the time including by delivery or trades. The removal of the wall would exacerbate the rainwater run-off in the area and the loss of a 170 year old wall and the creation of the layby may encourage people to hang around.
30 Market Street - OBJECT - (29/04/2019) the proposal will create road safety issues with a high volume of cars already speeding down the narrow street, and the movement of cars into and out of proposed car spaces making safety worse. The loss of the historic wall will impact the character of the Conservation Area and there is plenty of parking in Market Street.
25 Bridge Street - OBJECT - (26/04/2019) the removal of the wall and creation of a car park layby will detriment the character of the street and conservation area. The egress of cars being between two dog legs will also be dangerous. The narrowness of the street and pavement also means that many pedestrians already walk in the road, with the proposal for a layby making the problems worse.
29 Castle Street - OBJECT - (24/04/2019) the wall forms an important part of this historic building and its removal would alter completely the visual appearance of the area. The existing road is narrow with a small pedestrian footpath providing a place for its users to be clear of cars. The creation of the parking area will impact the footpath making it dangerous for pedestrians. There was a plan to try and reduce car movements on this road a few years ago, the removal of the wall to create parking will only intensify the use of the road. The Conservation Area should not be based around car use.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the case of this application are the visual impacts of the proposal on the character and appearance of the Conservation Area, and whether or not there are any highway safety impacts as a result of the proposal.
VISUAL IMAPCT 6.2 From Market Place the narrow winding course of Market Street takes you to a little forecourt outside of the old Mathematical School (now Grace Baptist Church) this building forms and its paved courtyard plays an important part of the sequence of public and civic spaces found throughout the heart of Peel and its contrasting open appearance compared with its immediate residential neighbours which directly a but the street helps in providing a visual marker to those navigating through the town.
6.3 This enclosed paved forecourt and the existing building both positively contribute to the historic and architectural interest of the Conservation Area. While the concerns of the applicant and the need to facilitate access for those less able to reach the site on foot, it is not considered that the substantial loss of 12m of the wall to be acceptable, and the consequential impact of two vehicles parking in front of this building would also drastically and negatively alter how the special features of the building are viewed and fail to preserve the character and appearance of the Conservation Area.
HIGHWAY SAFETY 6.4 A number of residents have raised concern with the increase of traffic utilising Market Street as a result of the proposal, however there are no restrictions on traffic using this road at
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present and a refusal on this grounds alone would be unreasonable. Highway Services have provided comments on the application stating that the design of the layby is sufficient enough to be considered acceptable and not expected to result in any highway safety concerns. In this respect the proposal is considered acceptable.
7.0 CONCLUSION 7.1 Although highway safety is not considered to be of an issue here, the loss of the wall and the consequential parking of vehicles in front of the building would have a substantial adverse impact on the character and appearance of the Conservation Area and historic streetscene contrary to Environment Policy 35 and therefore the application is recommended for refusal.
8.0 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 Planning Committee 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. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 06.08.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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