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19/00334/CON Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00334/CON Applicant : Grace Baptist Church Proposal : Registered Building consent for the demolition elements relating the application 19/00331/B 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 demolition of the boundary wall and the subsequent parking of vehicles in front of the building would result 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. The existing wall positively contributes to the area and its removal would fail to preserve or enhance the character and appearance of the Conservation Area contrary to EP35 and EP39 of the Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01.
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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 21 Market Street o 24 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 29 Castle Street __
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 The application runs alongside PA 19/00331/B seeking full planning approval 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 to the front of the Church. This application is seeking Registered Building Consent relating to the demolition works within the Conservation Area.
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 the same development works under PA 19/00331/B
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. Given the nature of this Registered Building Consent application it is appropriate to consider Environment Policies 35 and 39 of the Strategic Plan along with paragraphs under section 7.32. Conservation Areas of Planning Policy Statement 1/01 is also relevant in this case.
4.2 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."
4.3 Section 7.32 - Demolition in Conservation Areas
"7.32.1 Under Section 19 of the 1999 Town and Country Planning Act, Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas...
7.32.2 The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to:
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o the condition of the building; o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions); o the adequacy of efforts made to retain the building in use; o the merits of alternative proposals for the site."
4.4 Environment Policy 39 states:
"The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."
4.5 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man):
4.6 "POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:-
o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;
o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition.
o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them"
4.7 POLICY CA/6 DEMOLITION "Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the
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character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."
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 - NHI - no highways interest 11/04/2019
5.2 Peel Town Commissioners - No comments received as of 05/08/2019.
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 the wall will result in differing slopes which will have a visual impact on the street. There is high potential for use of layby during busy periods, events and race weeks. They would not be opposed to a gated drive for the parking of one vehicles at the far right hand-side away from the corner.
21 Market Street - COMMENTS (05/04/2019) no objections to the plan as traffic problems are created from cars dropping off passengers. Request that conditions be added so that there is no parking overnight and for its use by persons attending the church.
24 Market Street - OBJECT - (20/04/2019) the removal of a substantial section of the wall will permanently and adversely change the nature of the Conservation Area. The concrete material proposed also being inappropriate and unsightly along with any additional associated parking signage. The existing arrangement of the road is already an issue with elderly, disabled and those with prams and the pavement is essential for safety, the integration of the pavement with the road will put the pedestrians at risk and cars using the layby might obstruct the pavement. They would be happy to support one parking bay at right angles to Market Street which could be closed off when not in use by the disabled users of the church. This would reduce the length of the wall to be demolished and minimise effects on streetscene and the pavement. Could warning lights be installed prior to church service time.
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.
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6.0 ASSESSMENT 6.1 The main consideration here is whether the demolition of the wall and the creation of two layby car parking spaces is acceptable, having regard to the policies referred to in 4.0 of this report which ultimately seek to preserve or enhance the character of the Conservation Area, retain those buildings or features which make a positive contribution to the historical and architectural interest of the area and seek such special areas from harmful or unacceptable development.
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 traffic safety issues along Market Street as a result of the proposal, however there are no restrictions on traffic using this road at present and a refusal on this grounds alone would be unreasonable. Highway Services have not commented in the current application however indicated as part of 19/00331/B that they had no concerns.
7.0 CONCLUSION 7.1 Although highway safety is not considered to be of an issue here, the demolition of the wall which positively contributes to the area 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 and architectural interest of the streetscene. The proposal would fail to accord with the Strategic Plan Polices and paragraphs referred to in 4.0 of this report and contrary to Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man. The application is therefore recommended for refusal.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application; o Manx National Heritage, and o The local authority in whose district the land the subject of the application is situated.
8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. __
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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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