**Document:** Planning Officer Report and Recommendations
**Application:** 13/91382/GB — Retrospective application for amendments to approved landscaping scheme relating to Cross Garden (In association with PA 13/01383/CON)
**Decision:** Permitted
**Decision Date:** 2014-01-29
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/18832-german-street-german-s-cathedral/documents/1366621

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# Planning Officer Report and Recommendations

### Officer's Report

[Table omitted in markdown export]

#### The Application Site

1. The site represents the southernmost corner of St German's Cathedral, Peel a Registered Building (RB 204), located within the Peel Conservation Area designated in 1990.

#### Planning Status

2. 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. The site also lies within Peel's Conservation Area and the building is Registered (RB 204).

#### The Proposal

3. This application seeks retrospective Registered Building Consent for amendments to approved landscaping scheme relating to Cross Garden.

#### Planning History

4. 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

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

09/00726/D - Erection of two notice boards (in association with 09/00725/CON) Registered Building Nos. 204 St German's Cathedral, Derby Road, Peel. IM5 1HH. Application Permitted

09/00725/CON - Registered Building Consent for internal alterations and erection of external notice boards (in association with 09/00726/D) Registered Building Nos. 204 St German's Cathedral, Derby Road, Peel. IM5 1HH. 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 92/00366/B - Alterations to Flower Room and Vestry, St German's Cathedral, Peel. Application Permitted 89/00149/B - Siting of 10m flagpole, grounds of St German's Cathedral, Peel. Application Permitted

5. 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 Strategic Policy 4, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5, RB/10 and CA/2 from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) is also considered to be relevant to determining this application.

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 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred."

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 states: "General criteria applied in considering registered building applications. The issues that are generally relevant to the consideration of all registered building applications are:-

- 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;
- 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;
- 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.

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."

## Representations

6. Peel Commissioners recommend approval of the application.

## ASSESSMENT

7. This application seeks retrospective Registered Building Consent for amendments to the previously approved landscaping scheme (application numbers 11/00023/GB and 11/00024/CON) relating to Cross Garden.
8. The site is the northern elevation of the Cathedral, and is bounded by the north transept to the east and the entrance porch to the west.
9. The previous approved (application numbers 11/00023/GB and 11/00024/CON) scheme for a Cross Garden entailed the erection of 8 No. standing stones set parallel to the north elevation of the Cathedral set against low planting as illustrated in the previous approval drawings PL 217/11 and PL 217/6 appended to this application.
10. In August 2013, the works had commenced on site and the Department received complaints from members of the public to point out that the works on site differed from that previously approved. A curved section of Peel Sandstone had been built to an approximate height of 1800 mm in addition to a curved section of low Peel Sandstone walling and the erection of 5 No. slate standing stones all set in a gravel base.
11. The works on site have stopped pending the outcome of the Planning and Registered Building Consent process. In receiving the further retrospective applications, the full extent of the proposals in this particular part of the site can be better appreciated and it is now clear what the revised proposals in this area will entail.
12. The concern with the deviation from the previously approved approvals related to the impact of the curved wall on the Registered Building beyond due in no small part to the potential scale of the curved wall. The proposal drawings seek to ratify this by setting a maximum height of 2.15 m . Given the scale of the building forming the backdrop, this is considered acceptable. In addition, the revised proposals are considered to be better considered than the originally approved proposals.
13. In conclusion; the works proposed in this application are considered to respect the character of the Registered Building and the Peel Conservation Area within which it is located and in doing so, comply with the relevant planning policies from the Isle of Man Strategic Plan 2007 i.e. Strategic Policy 4, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5, RB/10 and CA/2 from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).

## Recommendation

14. Permit.

### Party Status

15. The local authority, Peel Commissioners, is by virtue of the Town and Country Planning (Development Procedure) (No2) Order 2013 (Article 6(4)(e), considered "interested persons" and as such should be afforded party status.

### Recommendation

Recommended Decision: Permitted

Date of 21.01.2014

Recommendation:

## Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.
This approval relates to the following information all date stamped 22 Nov 2013:
A3 Drawing Number: 0804G/01 - Location Plan
A3 Drawing Number: 0804G/02 - Proposed Floor Plan \& Sectional Elevation
A3 Drawing Number: 0804G/03 - Site Plan
A4 document setting out the detailed design of the garden

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

Decision Made : Permitted Date :
Determining officer (delete as appropriate)
Signed :
Anthony Holmes
Senior Planning Officer
Signed :
Michael Gallagher
Director of Planning and Building Control

Signed :
Sarah Corlett
Senior Planning Officer
Signed :
Jennifer Chance
Development Control Manager

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/18832-german-street-german-s-cathedral/documents/1366621*