**Document:** DEC Officer Report
**Application:** 20/00491/B — Alterations, infilling of an existing opening and formation of a new opening within boundary wall and creation of an access ramp
**Decision:** Permitted
**Decision Date:** 2020-06-25
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/13023-rushen-port-st-mary/documents/996776

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# DEC Officer Report

**Application No.:** 20/00491/B
**Applicant:** Port St Mary Methodist Church
**Proposal:** Alterations, infilling of an existing opening and formation of a new opening within boundary wall and creation of an access ramp
**Site Address:** Port St Mary Methodist Church Athol Street Port St. Mary Isle Of Man IM9 5EP Principal Planner: Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 23.06.2020 _________________________________________________________________

## 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. All railings, pillars and gates must match exactly those existing features elsewhere along the roadside boundary. Reason; the building and its surrounding area are of historical interest.

### This application has been recommended for approval for the following reason.

The works are considered to accord with General Policy 2 of the Strategic Plan and will not prejudice either the designation of the Conservation in Port St. Mary or the Registration of the building

Plans/Drawings/Information; This decision relates to drawings PA/01, PA/02 and PA/03 all received on 12th May, 2020. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the curtilage of an existing church which sits on the eastern, seaward side of Athol Street. The site has to its west a triangle of grass (Queen's Place), another grassed area to the north which accommodates a post box, telephone box, signage and other small infrastructural items. The church is bounded mainly by a stepped stone wall with pillars every 1.8m or so and metal decorative railings in between. This becomes simply a stone wall to the south of the church. Similarly decorated gates provide a vehicular entrance to the front door with a pedestrian gate (less ornate) further south. The pillars either side of the pedestrian entrance are slightly taller than those elsewhere along the boundary and the intermediate pillars do not extend all the way to the ground although the southernmost pillar does. - 1.2 To the east of the site, abutting the eastern boundary of the site is a workshop in separate ownership. THE PROPOSAL

2.1 Proposed is a series of works to the external wall and internal ground level outside the church to facilitate access for disabled users. These works are:

- i. blocking up the existing pedestrian access with a low stone wall and decorative railings matching those either side
- ii. the introduction of a new pedestrian access 3m to the south, using the existing gate taken from the access to be blocked up and using an existing pillar which marks the end of the stone wall and decorative railings boundary
- iii. the introduction of a concrete path on the inside of the Athol Street wall to accommodate wheelchair users from the vehicular entrance to the side entrance into the church
- iv. the creation of a charging area for electric mobility vehicles (3m by 3m)
- v. re-grading the vehicular entrance to the main church door so that the two existing steps up to the door are eliminated - materials to match the existing.

## PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the South (2013) as Buildings or Land for Civic, Cultural or Other use - Worship. The building is listed as worthy of consideration for registration in the Written Statement.

3.2 There is no change to the use of the site which is consistent with the land use designation so General Policy 2 is applicable as follows:

"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:

- (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;

- (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;

- (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 and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".

3.3 There are no policies or statements within the Strategic Plan on facilities for disabled users of buildings other than a reference in the section on office development which is not relevant to the current application. However, the Equality Act 2017 and The Disability Discrimination Act 2006 create the right for any individual defined by the legislation not to be discriminated against in the provision of goods, facilities and services. These are material considerations in accordance with the Town and Country Planning Act 1999 Section 10(4). - 3.4 As the building has been identified as having potential for Registration, it is relevant to consider the policies which protect historic fabric, particularly Strategic Plan Environment Policy 32 which 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. This echoes the provisions of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. Whilst the building is not registered, it is important that decisions on changes to it do not prejudice future consideration for Registration. - 3.5 Similarly, the site lies within a proposed Conservation Area as identified in the Area Plan. The appraisal which was undertaken in identifies the Mount Tabor Chapel as opening in 1903, built to replace the earlier primitive chapel further down Loch Road on Lime Street. It states, "It was designed by Todd and Morris architects of Southport to seat 320 people. It is a spacious, distinctive, landmark building." It refers to the chapel again when describing stone faced buildings in the village, the green spaces and the street furniture, some of which has room for improvement in its appearance. The walls and railings get another mention where it states, "Where Manx stone walls are present, they should be carefully conserved. Cast-iron railings remain on a number of front boundary walls to residential properties and to the boundary walls to Mount Tabor Methodist Chapel. These should be retained. In the UK, the majority of such railings were removed as part of the war effort, but in the Isle of Man a large proportion survived intact". - 3.6 Development within a Conservation Area must preserve or enhance the character of appearance of the area as stated in Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01 CA/2.

## PLANNING HISTORY

4.1 A ramp was approved to improve accessibility under 08/00474/B. REPRESENTATIONS - 5.1 Highway Services comment that the proposal indicates an on-street disabled bay at the edge of carriageway on Athol Street outside the main entrance. This is expected to be open to all Blue Badge users. Whilst the location is reasonable, it is not to the correct dimensions and subject to further procedures and potentially a S109 (A) Highway Agreement. The road markings for a disabled bay must conform to Diagram 1028.4 Permitted Variant 2 of the Traffic Signs Regulations and General Directions, 2016 where the minimum length is 6.6m and width 2.7m against a footway to allow access to the rear of the vehicle and free passage between parked vehicles. There is no guarantee that it can be installed on the grant of planning consent due to the requirements of a separate statutory process that includes public consultation. Works to the footway are likely to be necessary to provide a dropped kerb for more comfortable access to the footway and the main gate. The Applicant is advised to contact DOI Customer services requesting an on-street disabled bay by emailing: enquiries@highways.gov.im (03.06.20).

5.2 The Registered Buildings Officer has considered the proposal and is content not to object to the application subject to the railings, pillar and gate matching the existing alongside. ASSESSMENT - 6.1 The issue here is whether the proposed works would have any adverse impact on the character and appearance of the property which is of acknowledged historical importance. The works will have no impact on vehicular access and parking as these elements are not being changed. In principle the introduction of better accessibility for users of the church is to be

supported as this should help ensure continued usage and support for the maintenance of the building for its originally intended use, which is usually the most appropriate purpose for an historical building.

6.2 The inclusion of a disabled user's parking bay on the highway is not a planning consideration as this is outside the site and within the jurisdiction of the DoI whose approval would need to be sought prior to the demarcations being undertaken.

6.3 The works will help preserve the use of an important building whilst respecting its character, function and appearance. CONCLUSION - 7.1 The works are considered to accord with General Policy 2 of the Strategic Plan and will not prejudice either the designation of the Conservation in Port St. Mary or the Registration of the building and the application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker 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 4(2) 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 : 24.06.2020 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.

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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/13023-rushen-port-st-mary/documents/996776*