**Document:** Officer Report **Application:** 18/00140/B — Variation of condition one of PA 13/91514/B, Construction of a Lychgate along Derby Road to form new pedestrian entrance to Cathedral grounds which incorporates facilities for a re-located bus shelter, to extend the period of permission by four years **Decision:** Permitted **Decision Date:** 2018-03-22 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/11284-german-land-at-street-extension/documents/980827 --- # Officer Report **Application No.:** 18/00140/B **Applicant:** The Vicars & Wardens Of St Germans Cathedral **Proposal:** Variation of condition one of PA 13/91514/B, Construction of a Lychgate along Derby Road to form new pedestrian entrance to Cathedral grounds which incorporates facilities for a re-located bus shelter, to extend the period of permission by four years **Site Address:** Land at St German's Cathedral Derby Road Peel Isle of Man Case Officer : Miss S E Corlett **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 12.03.2018 _________________________________________________________________ ## Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions - C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. - C 2. All planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following the completion of the lychgate. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Department gives written consent to any variation. Reason: To ensure that the scheme is properly landscaped to reflect its position within the Conservation Area and adjacent to a Registered Building. - C 3. Prior to the commencement of any building operations, there must be submitted to and approved by the Department a sample of the external finishes of the building/walling/hard surfacing. These approved samples are required to be implemented in accordance with this approval. Reason: To ensure that the materials used are appropriate for its prominent and important location. ### Plans/Drawings/Information: This decision relates to drawings 0804F/01, 0804F/02A, 0804F/03A, 0804F/04A, 0804F/05A, 0804F/06A and 0804F/07A all received on 9th February, 2018. _______________________________________________________________ Interested Person Status – Additional Persons It is recommended that the following persons 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): The owner of 10, Mona Street whose property is directly opposite the site. _____________________________________________________________________________ Officer’s Report THE SITE 1.1 The site is part of the curtilage of St. German's Cathedral which lies between Atholl Street, Derby Road, Lyndale Avenue and a car park. The land is currently used as a rough surfaced car park in association with the church. To the west of the site is the Corrin Hall, a community facility. Planning approval was granted for the construction of a new lychgate and pedestrian access within the area. This approval, granted under 13/91514/B expired on 11th February, 2018. This application, submitted on 9th February, 2018 seeks to vary the condition of that approval which required that the works commence within 4 years of that decision notice and seek a further four years in which to commence works. ## THE PROPOSAL 2.1 The applicant seeks permission for the same scheme as was approved under 13/91514/B but with an additional period for the works to commence. The works include the construction of a lychgate along Derby Road to form a new pedestrian entrance to the Cathedral grounds. The existing bus shelter alongside the site is to be relocated as part of other regeneration works. 2.2 The proposed lychgate involves works to the existing boundary wall/fence along Derby Road, removal of 4 small trees (18 oak trees replanted along roadside boundary) and grounds works given the application site levels are above the levels of Derby Road at this point. The lychgate would be set back into the grounds of the Cathedral, resulting in a larger area of open public space between the lychgate and Derby Road. The lychgate will not only provide a more prominent entrance to the Cathedral, but also incorporate a covered new bus shelter and a tourist information point. - 2.3 The relocation of the bus shelter and highway alterations form part of a separate planning application (14/00003/B). - 2.4 The lychgate would be constructed of a timber frame with a lead roof finish over the main roof of the lychgate, whilst the two wings, that form space for a bus stop and tourist point, will have grass roofs. Both these winged sections will have full height glazed screens which face towards Derby Road. - 2.5 The car park alongside was approved under 11/00023/GB and 11/00024/CON. 2.6 The applicant advises that they have not been able to implement the approval due to time and resources spent on other projects within the grounds as well as on-going repair and maintenance works. ## PLANNING POLICY 3.1 The site lies within an area designated on the Peel Local Plan as "Church". The proposal is consistent with that usage. The site also lies within Peel's Conservation Area and the Cathedral is a Registered Building. As such, the most pertinent planning policies are those relating to the importance of conservation - EP35 and Planning Policy Statement 1/01 both of which require that development preserves or enhances the character or appearance of an area. PLANNING HISTORY - 4.1 The Cathedral grounds have been subject to a number of applications for alterations and redevelopment including schemes for the creation of car parking, refurbishment of paths and access ways, the installation of notice boards, installation of replacement windows, flagpole, sculptures and most significantly, a new two storey cloister building, all approved. REPRESENTATIONS - 5.1 Highway Services have no highway interest in the application (06.03.18). 5.2 Peel Town Commissioners indicate that they have no objection (20.03.18). - 5.3 The owner of 10, Mona Street expresses concern at the current situation where a ship's upper and lower hull is lying on its side in the ar park area. He is concerned that this is an eyesore and has an adverse impact on his outlook, light, the smell of the hull and suspects that it may be used to make the lychgate which would not be what is proposed. The further delay in the implementation of the scheme could result in the ship lying there for a longer period which he considers is not in the interests of the area (09.03.18). ## ASSESSMENT 6.1 The issue in this case is whether there have been any changes in circumstances or policy since the last decision which would justify a change in conclusion in respect of the proposed works. 6.2 The relevant policy is still the Peel Local Plan of 1990 and whilst the Strategic Plan has been updated, the policies applying to conservation remain the same, as does PPS1/01. As such, there are no policy reasons why the proposal should not continue to be considered to be acceptable. - 6.3 The town has been the subject of regeneration works which, whilst closer to St. Peter's Church and the market square, indicate that the town is being renovated and rejuvenated and indeed, changed in character. What is proposed here will complement these other works, both within the Cathedral grounds and further afield within the town. - 6.4 The concerns of the resident of 10, Mona Street are fully understood but the placement of the hull is not part of this application nor is is a lawful use of the car park. As such, it can neither be approved nor required to be removed as part of this decision. The applicant and Peel Town Commissioners, whose offices are directly opposite the hull, have been informed of the objector's concerns. ## CONCLUSION 7.1 The scheme continues to be considered to be acceptable and in accordance with relevant policy and is supported. 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 decision-maker must determine: - * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and - * 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 : Permitted Date : 22.03.2018 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management ## Customer note ## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *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/11284-german-land-at-street-extension/documents/980827*