**Document:** Officer Planning Report 08/00052/GB **Application:** 08/00052/GB — Alterations and erection of a detached garage (In association with 08/00053/CON) **Decision:** Refused **Decision Date:** 2008-05-19 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84632-lezayre-ballure-church-walpole-drive-alteration-garage/documents/1566881 --- # Officer Planning Report 08/00052/GB **Application No.:** 08/00052/GB **Applicant:** Mr R King **Proposal:** Alterations and erection of a detached garage (In association with 08/00053/CON) **Site Address:** Ballure Church, Walpole Drive, Ramsey, Isle Of Man, IM8 1NA ### Considerations Case Officer: Mr Chris Balmer **Expected Decision Level:** Planning Committee ### Written Representations ### Consultations Consulttee: Manx National Heritage Notes: Note received Consultee : Highways Division Notes: Do not oppose Consultee : Clerk To The Commissioners Notes: Object ## Officer's Report ### Site The Ballure Church, Walpole Drive, Ramsey is a single storey detached pitched roofed property which is located on a corner plot with Walpole Drive to the north and Ballure Road to the east of the site. ### Land Use Zoing / Planning Policies The application site is within an area recognised as being an area of 'Predominately Residential", under the Ramsey Local Plan. The site is not within a Conservation Area, but the building is a Registered Building (Nr 90). The following policies are therefore considered relevant in the consideration of this application: - Ramsey local Plan 1998 - Planning Circular 2/99; - The Isle of Man Strategic Plan (20th June 2007) - General Policy 2 and Environmental Policy 32; - Planning Policy Statement 1/01 - Policy RB/5 ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: PA 08/00053/CON - Registered Building consent for alterations and erection of a detached garage (In association with 08/00052/GB) Registered Building Nos. 90 - Pending Consideration PA 02/02458/GB - Conversion of redundant church into private dwelling - Approved ### Proposal The application seeks approval for alterations and erection of a detached garage (in association with PA 08/00053/CON). The proposed garage would be sited to the north of Ballure Church, approximately 14 metres away. The garage would have a width of 10.4 metres, a depth of 7.5 metres and a maximum height of 7.5 metres. Due to the height and pitch of the roof, it is proposed that a garden store will be accommodated within the roof space, which can be accessed via an external staircase, located on the south elevation. ### Reprsentations The Ramsey Commissioners have objected on the grounds that they consider that the proposal is in an inappropriate location and not in keeping with the current status of Ballure Church as a Registered Building. The Department of Transport Highways Division advise that they do not oppose the application. Mrs Anne Craine, Member of the House of Keys for Ramsey, writes to object to the proposed development which can be summarised as; there is still currently a Planning Enforcement case regarding the windows; and there is a covenant in place by the late Lily Harrison that states "no building or other erection of any kind should be permitted on the said land". Manx National Heritage comment to the application, requesting that due to the use of the church and therefore possible burial grounds surrounding the site a condition should be attached requiring MNH access to carry out an archaeological survey of the site prior to building works commencing. The owner/occupier of 12 Ballure Grove, Ramsey, has objected to the application, which can be summarised as: the proposal would be very much bigger than what is there already and would be inappropriate to the surroundings. They also state the loss of trees in this woodland would be unacceptable. The owners/occupiers of Kentonwood, Walpole Drive, Ramsey, have objected to the application, which can be summarised as: the proposal will look out of place on an historical site; loss of trees; and outstanding issues regarding the windows. The owners/occupiers of 14 Ballure Grove, Ramsey, have objected to the application, which can be summarised as: the proposal would look inappropriate given the Registered Building status; due to layout the store could in the future be converted into living accommodation; and loss of trees to the woodland area. The owners/occupiers of Keeilley Halt, Walpole Drive, Ramsey have objected to the application, which can be summarised as: the garage is much larger than the average sized double garage; the proposal is a two storey building; the proposal is 1 / 3 the size of the church; the store seems much larger than a garden of this size requires, especially as there is a shed to the south; the building would dominate the nearby bungalow and Ballure Church; the proposal would screen a large part of the church from Walpole Drive and from the tramlines; and the proposal of such a scale will be detrimental to what is still a site of considerable historic interest. The owners/occupiers of Fearnan, Walpole Drive, Ramsey have objected to the application, which can be summarised as; covenant stating no development is in force; neither of the existing sheds have planning permission; the proposal would detract from the church and will be visible from the road or the tram; possible future conversion to a dwelling; and there are outstanding issues regarding the windows. The owners/occupiers of Cornerstones, Walpole Drive, Ramsey have objected to the application, which can be summarised as: covenant restricts development; proposal is unsuitable within the woodland surrounding a registered building of this type and in this location; possible future development of the roof space for living accommodation; existing shed does not have planning approval; and there is outstanding issues regarding the windows. The owners/occupiers of Cooil Rea, Walpole Drive, Ramsey have objected to the application, which can be summarised as: the proposal would look out of place and unsightly in a woodland setting and; inappropriate proposal given the registration status of the building; the church already has more than enough parking within the site; existing shed does not have planning approval; and there is outstanding issues regarding the windows; The owners/occupiers of 3 Ballure Court, Queens Grove, Ramsey, have objected to the application. ## Assessment / Recommendation Due to the zoning of the site and as the property is a Registered Building the following policies are relevant for consideration:- ### 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." 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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (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; - (e) does not affect adversely public views of the sea; - (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; - (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; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." Planning Policy Statement 1/01 "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: - 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)." "RB/5: Alterations and Extensions 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." Ramsey Local Plan Written Statement states:- 3.10 F. Ballure - "Most of this area is either developed, partly developed, or has the benefit of planning permission. It is important that the completion of these development or any proposals for further development should be such as to safeguard the settings of the Manx Electric Railway and St Mary's Church, and should have regard to the amenity value of existing trees and gardens." ## Assessment The design of the building, with arched windows and doors and the inclusion of conservation styled roof lights replicate the design and style of Ballure Church, so from this aspect, the application is considered to be acceptable and would be in keeping with the appearance of the church. However, the concerns with this development relate to the size, massing and siting in relation to the Registered Building. The proposed development in length and depth is almost half the size of Ballure Church; additionally with a height of 6.5 metres it would be substantial in size and appearance. As indicated within General Policy 2, any development must respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them and must not affect adversely the character of the surrounding landscape or townscape. Additionally, Environmental Policy 32 requires extensions or alterations to a Registered Building will not be permitted when the proposal would detrimentally affect its character as a building of special architectural or historic interest. The proposal as a result of its massing, size and siting in relation to Ballure Church would almost completely obstruct the view of Ballure Church, when viewing from the north of the site particularly from Walpole Drive and when travelling along the electric tram, which runs adjacent to the site. It could be argued that the existing trees to some extent screen Ballure Church from these same locations; however, it is considered the trees play an important role in the appearance and character of the surrounding landscape and help in the overall setting of the Ballure Church site. A second building as proposed, of a size, massing, height and in this siting, would appear as an alien feature within the landscape and therefore have a significant detrimental impact on the character of the site and would have a damaging visual impact upon the Registered property, Ballure Church for many years to come. Additionally, the proposal would also fail on the grounds as stated in relation to Planning Policy Statement 1 / 01. ### Conservation Officer'S Supplementary Report The setting of Ballure Church and indeed any Registered Building plays a major part in its character and is therefore an important consideration in this application. The issue with this proposal is the size and siting of the garage when set against the backdrop of the Registered Building. The erection of this double garage, as indicated in the report by the Planning Officer, at almost half the size of the Registered Building, is considered to have a detrimental impact on the setting of the Registered Building. Rather than complementing the setting of the Registered Building, it clashes with it. Ballure Church can be readily observed from the tram track and the location of the proposed would impair that view. The design of the proposed, utilising as it does, arched head windows and steeply pitched slate covered roof, draws design cues from the Registered Building, which in itself, is acceptable. This proposal neither preserves nor enhances the character and setting of the Registered Building and is therefore considered to be unacceptable. I therefore recommend refusal of this application. The re-siting and potentially reduction in scale of the Garage to take into account the setting of the Registered Building would be a more appropriate and therefore acceptable solution. ## Recommendation In conclusion, it is recommended that the planning application be refused on the planning policy grounds that the proposed development would be contrary to RB/3 and RB/5 of Planning Policy Statement 1/01 and Environment Policy 32 and General Policy 2 of the Isle of Man Strategic Plan (June 2007) in that the proposed works do not preserve or enhance the character of the Registered Building or the surrounding landscape, but would be to the detriment of the appearance of the property. Furthermore, no justification has been submitted to justify the extent of the proposed works. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Ramsey Commissioners Department of Transport Highways Division The owner/occupier, Cooil Rea, Walpole Drive, Ramsey The owner/occupier, Cornerstones, Walpole Drive, Ramsey The owner/occupier, Kentonwood, Walpole Drive, Ramsey The owner/occupier, Fearnan, Walpole Drive, Ramsey The owner/occupier, Keeilley Halt, Walpole Drive, Ramsey The owner/occupier, 3 Ballure Court, Queens Grove, Ramsey The owner/occupier, 12 Ballure Grove, Ramsey The owner/occupier, 14 Ballure Grove, Ramsey Manx National Heritage Accordingly, the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: Mrs Anne Craine, Member of the House of Keys for Ramsey ### Recommendation Recommended Decision: Refused Date of Recommendation: 27.03.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. The proposed development would be contrary to Policies RB/3 and RB/5 of Planning Policy Statement 1/01 and Environment Policy 32 and General Policy 2 of the Isle of Man Strategic Plan (June 2007) in that the proposed works do not preserve or enhance the character of the Registered Building or the surrounding landscape, but would be to the detriment of the appearance of the property. Furthermore, no justification has been submitted to justify the extent of the proposed works. Decision Made : Committee Meeting Date : --- *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/84632-lezayre-ballure-church-walpole-drive-alteration-garage/documents/1566881*