North Ayrshire Council

Department Legal and Regulatory Services

1. Description

This application seeks planning permission and listed building consent for the change of use and extension of a vacant category B listed church to form a total of 14 flatted residential properties. Twelve of the flats would have two bedrooms and two would have one bedroom. A dedicated parking area for 14 cars is proposed to the front of the church, and the ground to the rear would accommodate a 3 storey extension and an area of communal garden ground for the use of the residents.

The proposal can be split into three distinct physical elements. Firstly, the existing blonde sandstone church, which features a 25 metre high steeple rising from a square base on a corner of the front elevation, is an impressive landmark building within Lamlash. It is proposed that this building would be restored through its conversion to flats. The only part of the external fabric to be permanently removed would be the slated roof of a small single storey meeting room to the rear. Internally, the building will require complete renewal as part of the proposed conversion (due to rot). It will accommodate 8 flats. Windows and doors will be of timber.

The second element is a proposed glazed link between the existing church and the rear extension. As noted above, the roof of a small single storey meeting room to the rear of the church will be removed. This would be replaced and extended upwards into a much higher glazed link which would accommodate the staircase serving the common entry. The height of the glazed roof has been determined by an existing 2 storey section of the church which protrudes from the rear elevation. This will create continuity between the old and the new.

The third and final element is the proposed extension which would accommodate the remaining 6 flats over three storeys. The extension is a simple, contemporary design which adopts various elements and themes from the original building eg. both its height and roof pitch would match those of the church. Its gables would be at right angles to those of the church. A square tower topped with a gently sloping zinc mono-pitch roof is proposed to the rear - this would be considerably lower in height than the main roof and would not compete with the church steeple. External finishes would comprise a combination of rendering, reconstituted stone and slate, with small areas of timber cladding around the side facing windows. Fenestration is proposed on three elevations ie. to both sides and to the rear.

The remainder of the site would consist of the parking area at the front, all to be finished in block paving of colours and textures to be agreed; and the residents' garden area to the rear. The existing boundary wall to the front of the site would be retained, the opening widened as necessary to allow the safe movement of vehicles into and out of the site. The applicant has also agreed to extend the public footway from where it presently terminates opposite the Marine House Hotel to the front of the site, a distance of 123 metres or thereby.

The application site comprises a category B Listed vacant church building within its own grounds, facing onto Lamlash Bay and the Holy Isle. The building is in a deteriorating condition due to lack of maintenance, and the ground around it is overgrown and unmaintained. There are residential properties to either side of the site, and an area of agricultural land to the rear (which is within the settlement boundary and has been allocated for residential use through the Local Plan). St George's is a prominent building within the village of Lamlash and its spire makes it a readily identifiable landmark throughout the local area.

The site is located with the settlement boundary for Lamlash defined within both the Adopted and Finalised Local Plans. The proposal needs to be assessed against the requirements of Policies HOU3 in the Adopted Local Plan.

Policy HOU3 states housing development will be given favourable consideration within the settlement boundary of Lamlash, except within protected areas delineated on the settlement maps, and provided:

(a) the Council is satisfied that the proposed development is acceptable in terms of siting and design and does not constitute over-development of the site;

(b) the proposed development conforms to the design guidance in Part II and any development brief prepared by the Council;

(c) the proposed road access is to the satisfaction of the Council's Roads Servicet and the Council;

(d) a connection can be made to a public sewer or where no public sewerage facilities are available foul drainage is discharged to a private treatment plant designed and built in accordance with British Standard Specification to the satisfaction of Scottish Water and SEPA; and

(e) a public water supply is available.

In terms of the Isle of Arran Finalised Local Plan, the site is located within an area given a residential land use. Policy RES1 of the Finalised Local Plan states that residential development within the settlement boundary of Lamlash is acceptable in principle. Policies BE 4 and BE 5 are also of relevance.

Policy BE 4 advises that:

Proposals for development of a listed building or for development which would have an adverse impact on the setting of a listed building shall not accord with the Local Plan. Proposals for alterations or extensions should pay particular attention to the existing architecture and building materials of the listed building.

Policy BE 5, Listed Building Restoration, states the following:

To facilitate the restoration of an exceptional listed building, limited new build enabling development shall accord with the Local Plan subject to the following criteria:

(a) the submission of a detailed business plan for the overall development showing how funds raised from the sale of the enabling development are to be channelled into the conservation of the building to which the development relates to secure its ongoing reuse;

(b) the proposed restoration has the support of Historic Scotland;

(c) the new build element does not result in the division and fragmentation of the building and its grounds in terms of management of the area;

(d) the developer can demonstrate that sufficient financial assistance is not available from any other source;

(e) the extent of any new build is restricted to the minimum necessary to facilitate the restoration and reuse of the listed building;

(f) the enabling development is located and designed to have minimum impact on the listed building; and

(g) the design of the enabling development reflects and complements the style and design of the listed building.

Any permitted enabling development will be subject to an appropriate Section 75 Agreement regarding the phasing of construction and other design and layout matters.

The Development Control Statement also applies - this contains a range of criteria against which all development proposals should be assessed.

In support of the application, the applicant's agent has submitted a cost and financial appraisal for the proposed development. This highlights the requirement for an enabling development to make the project financially viable.

Planning permission and listed building consent was granted on 12th July 2000 for the change of use and conversion of the church to form six housing units. This consent has not been implemented and is due to lapse this year.

2. Consultations and Representations

The applicant’s agent has certified that the neighbour notification has been undertaken in accordance with statutory procedures.

Objections

Three letters of objection were received from:

1. The owners/occupiers of 'Miramar',
2. Sarah Thomson of 'The Old Manse',
3. Mr and Mrs V B Shaw, 'Monawilline',
(all Lamlash)

Whilst the proposed restoration of the church was welcomed, the following points of objection were raised:

1. Overdevelopment - 14 dwellings on 0.2095 ha of ground seems excessive. No other development in Lamlash, or the island, has anything like this density. This, combined with the development of 15 houses on the adjacent field, would see an alarming rise in population and traffic in a small area.

Response: The proposal would result in 8 flats within the church and 6 in the proposed extension. There is sufficient space within the existing building and on the site to accommodate a flatted development, which is an efficient type of land use with only modest land take involved. The applicant has costed the restoration and conversion of the church and finds that, without the additional housing units in the extension, the proposal would not be financially viable. This situation is not directly comparable to a new build development, such as that envisaged for the field to the rear. Moreover, the relative scarcity of housing land on the island suggests that higher density development is not unreasonable in certain exceptional circumstances. It is considered that the restoration of St George's Church is indeed exceptional.

2. Height of extension - all residential buildings in the area are either bungalows or 1½ storeys. The proposed extension will be 3 storeys. Although the church roof is of this height, it is traditionally pitched and slated as opposed to the rectangular block of the extension. This would overshadow and dominate the surrounding area.

Response: The proposed extension will be of similar height to the church, although it would have higher eaves. The extension roof would be finished in slate. The glazed link between the old and new will reduce the massing of the extended building, since this will be of lesser height than the church and the proposed extension. Furthermore, with the gables turned to the sides of the site, only kitchen windows will face into the rear gardens of the properties to either side. It should also be noted that the houses to the north and south of the application site have rear gardens of over 35 metres in length. The existing church building will currently cause shadowing on part of the garden to the north during certain times of the day, particularly in winter months when the sun is low in the sky. The increase in shadow brought about by the rear extension will be limited to the rear part of one or two gardens to the north, and will be much less pronounced during summer (because of the height of the sun and longer daylight hours). Sunlight/daylight levels to the nearby houses are unlikely to be affected by the proposed extension. No design changes are required as a result of these concerns.

3. Actual style and use of materials - the design of the extension is out of keeping with surrounding architecture. No sympathy has been shown to the design of church or materials. It is more suited to an urban site.

Response: The proposed extension and its glazed link are indeed contrasting styles when compared with the church, but they are contemporary additions to the building and should be understood as such. The use of a glazed link is an effective device which creates a separation between the old church and new extension, which keeps them apart and enables each to be appreciated more clearly. It is not agreed that no sympathy has been shown to the architecture of the church - a slated roof of similar height and pitch is a clear indication of an attempt to harmonise the basic building blocks. However, the use of different external materials and detailing illustrates clearly that the extension is of the twenty first century whereas the church is from the nineteenth. This is preferred to an attempt to mimic the details and design of the old building which would, it is feared, fail to capture its character and result in a adverse effects on amenity.

4. Restriction of surrounding area: there would be minimal garden area for 14 families to the rear of the extension. There would be no front garden as this is to consist almost entirely of 14 parking spaces - realistically this is just a car park. Furthermore, only one car parking space has been allocated to each flat. No allowance has been made for two car households or visitors, which would result in parking in the Council office car park or along the shore. This could cause problems for hospital traffic, particularly emergency vehicles. It would also be unsightly in a tourist village.

Response: The rear garden depth of the application site (taking into account the proposed extension) would be 25 metres. This is considered acceptable for a flatted development of this scale, particularly given its location adjacent to the seafront where there are opportunities for informal recreation such as walking and cycling. It is contended that one of the main attractions of this site is its seafront location - a "front garden" is not necessary (nor typical of many flatted developments) but the car parking area can be sensitively landscaped around its edges to enhance the setting of the listed building. This can be covered by a planning condition. The parking arrangements are to the satisfaction of Roads Services, who have not required any additional spaces. Moreover, it is difficult to see where additional parking spaces could be provided on the site without adversely affecting the setting of the listed building. It is considered unlikely that emergency vehicles would be adversely affected, particularly as there is an alternative route between the hospital and the A841 via Bungalow (or Millhill) Road. It is not agreed that some parking on the seafront road would adversely affect the character of the area.

A letter of representation was received from the Lamlash Improvements Association, c/o Carol Mitchell, 'Tigh Na Cuile', Lamlash. The Association have no objections to the proposed development, but expressed concern about car parking. They have requested that a planning condition be used to provide additional parking spaces along the shore front, should this prove necessary. Otherwise, they are of the opinion that maintaining the steeple, front, and side aspects of the building is essential to the picturesque nature of the village that has been part of its heritage for around 100 years. They would be against the loss of the building.

Response: Both points are noted. Roads Services have no objection to the proposal (see below).

Consultations

Development Plans: The proposed development is located within the settlement of Lamlash as identified in the Finalised Local Plan and is considered acceptable subject to meeting the terms of policies BE 4 and BE 5. This category B listed building has been vacant for a long number of years and its conversion and extension for flatted development is therefore welcomed in principle. The former Church building occupies a prominent position in Lamlash, and particular care is required to ensure that the extension pays due regard to the existing architecture and building materials of the listed property.

Response: As stated above, the proposed extension, with its contemporary design, is the only area of significant change to the building. However, as this will be to the rear, the visual impact on the listed building will be minimised, particularly in respect of the main views towards it from the Shore Road and around the bay. A more detailed assessment against policies BE 4 and BE 5 will follow in the Analysis section below.

Flooding, Coast Protection and Quality Co-ordinator, Roads Services: There are no specific historical records of flooding of the site. However, the Lamlash frontage has been known to suffer from coastal flooding. Given the ground level of the site (4.6 m AOD) and in view of its proximity to the shore, consideration must be given to the risk of coastal flooding. Accordingly, in order to ensure that the proposed development is not at risk from such flooding, finished floor levels should be above the existing floor level of the church or 5.0m AOD, whichever is the greater.

Response: This information has been passed onto the applicant's agent who states that these comments will be taken into account, and a condition to this effect can be attached.

Historic Scotland: The Historic Buildings Inspectorate is pleased to see a proposal that might bring this building back into use. No adverse comments have been made by them in respect of the proposals, and the Inspectorate acknowledges the difficulty in replicating the design of a listed building in any extension. When such an extension would cause an unacceptable imbalance to the character of the original work, a well designed modern structure may be better as it will not read as part of the original building and may not affect its appearance so radically.

Response: See Analysis.

Roads Services: No objections, subject to various conditions. These include the following:

1. A drop kerb access to the site shall be provided with visibility splays of 2.5 m x 60 m, and for no obstructions above 1.05 m above carriageway level.
2. A 2 metre wide frontage footway should be provided along Shore Road.
3. No surface water should issue from the access to the public road.
4. The first 2 metres of the driveway shall be hard surfaced.

Response: All points can be achieved and covered by condition.

Scottish Water: No objections in principle. Separate systems of foul and surface water drainage will be required. Contact should be made with Developer Services to discuss whether the existing water supply needs upgrading.

Response: A note can be appended to any grant of planning permission.

SEPA: No objection to the proposed development provided the foul drainage is connected to the public sewer via a suitably sized septic tank in accordance with the requirements of Scottish Water. The use of dual manholes should be avoided and surface water should be excluded from the foul drainage system. Surface water should be treated in accordance with SUDS principles.

Response: Conditions covering these points can be attached.

West of Scotland Archaeology Service: A number of archaeological finds have been made in the past in this area. Despite development in recent times, it is possible that significant remains may survive within the application site, and that these may be damaged or destroyed by the ground breaking elements of the proposal. A watching brief condition is recommended to safeguard and record any remains which may exist below the site.

Response: A watching brief condition can be attached to any grant of planning permission.

Isle of Arran Community Council: No response received to date (consulted 1st November 2004).

3. Analysis

In the absence of any other over-riding material considerations, Section 25 of the Town and Country Planning (Scotland) Act 1997 states that decisions on planning applications should be made in accordance with the Development Plan. In addition, Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requires that Planning Authorities shall have special regard to the desirability of preserving listed buildings or their settings or any features of special architectural or historic interest which they possess. Historic Scotland's 1998 publication 'Memorandum of Guidance on Listed Buildings and Conservation Areas' is also of relevance in such cases.

The relevant adopted Local Plan Policy, HOU3, states that housing development will be given favourable consideration within the settlement boundary of Lamlash, subject to a range of criteria. The first criterion relates to whether the development is acceptable in terms of siting and design or if it constitutes over-development. With regard to the remaining criteria, it is necessary that any proposal can achieve a satisfactory road access, can connect to the public sewer and has a public water supply available.

In this instance, the development is considered acceptable as it will enable the restoration of a listed building, which is considered to be an important landmark within Lamlash, and part of its heritage. There are no insurmountable technical constraints to the development in relation to sewerage, water supply or access.

In terms of the Isle of Arran Finalised Local Plan, the site is located within an area given a residential land use within the settlement boundary. Policy RES1 of the Finalised Local Plan states that residential development within the settlement boundary of Lamlash is acceptable in principle.

Policies BE 4 and BE 5 are also of relevance. Taking each of these in turn, Policy BE 4 seeks to avoid development which would have an adverse impact on a listed building or its setting. Proposals for alterations or extensions should pay particular attention to the existing architecture and building materials of the listed building. It is considered that the proposed development represents an appropriate way to re-use and restore the listed building with minimal adverse effects on its character and fabric. The proposed rear extension will not detract from principle views to the building and will appear separate from it due to the glazed link. The setting will be enhanced by the provision of a paved car park with a central drive leading to the front of the building and the removal of overgrown shrubs to the rear. This contrasts with the present, run down state of the grounds around the church.

Policy BE 5, Listed Building Restoration, introduces the concept of enabling development to the Local Plan. Enabling development is a means of "balancing the books" to ensure that a desirable restoration project is financially viable. Typically, this takes the form of additional development within a site to generate the necessary funds for the proper restoration of the listed building. In some instances, such additional development might not be acceptable were it not for the objective of restoring the listed building. The policy has six criteria which require to be considered, and each is commented on below:

(a) the submission of a detailed business plan for the overall development showing how funds raised from the sale of the enabling development are to be channelled into the conservation of the building to which the development relates to secure its ongoing reuse;

This has been provided in the form of a cost appraisal and indicative financial appraisal. The costs of the listed building restoration are greater than the projected income from it. Consequently, to ensure financial viability, the proposal seeks permission to extend the building to provide an additional six flats. The costs are reasonably up to date (August 2004) and it is accepted that, without some enabling development, it is unlikely that the restoration of St George's Church would be undertaken by a private developer. Further delay would run the risk of additional costs due to the deteriorating state of the building.

(b) the proposed restoration has the support of Historic Scotland;

Historic Scotland were consulted on the listed building application, and have no objection. As noted above, the Historic Buildings Inspectorate is pleased to see a proposal that might bring this building back into use. The Inspectorate acknowledges the difficulty in replicating the design of a listed building in any extension. When such an extension would cause an unacceptable imbalance to the character of the original work, a well designed modern structure may be better as it will not read as part of the original building and may not affect its appearance so radically. It is considered that the approach taken by the applicant's agent is an appropriate response and is compatible with the general principles advocated by the 'Memorandum of Guidance' (1998).

(c) the new build element does not result in the division and fragmentation of the building and its grounds in terms of management of the area;

It is considered that an appropriate design solution has been devised by the project architect. The principle views towards the site are protected from any significant change; the extension is essentially separate and confident in its design. The entire site will be managed as one, since flatted development lends itself well to communal maintenance arrangements for both the building and the surrounding grounds.

(d) the developer can demonstrate that sufficient financial assistance is not available from any other source;

As this building has lain vacant for many years, the new owner (applicant) has put forward a realistic and achievable development package which is designed to minimise any further delay.

(e) the extent of any new build is restricted to the minimum necessary to facilitate the restoration and reuse of the listed building;

It is considered that this is the case.

(f) the enabling development is located and designed to have minimum impact on the listed building; and

The proposed rear extension and glazed link will minimise the impact on the listed building.

(g) the design of the enabling development reflects and complements the style and design of the listed building.

As noted at point (b) above, the design is modern which avoids the difficulties of trying to replicate the character of the original building, although there are similarities in terms of roof pitch, height, and slate roof. The separating effect created by the glazed link takes away the potentially awkward junction between the old church and modern extension.

The policy also states that any permitted enabling development will be subject to an appropriate Section 75 Agreement regarding the phasing of construction and other design and layout matters. It would not be possible to develop this proposal in a piecemeal fashion (since the proposal involves an extension rather than free standing buildings, and the site only has one means of access, which is to the front of the chuch). A planning condition to regulate the phasing of the development would be sufficient.

The Development Control Statement of the Finalised Local Plan contains similar criteria to the above policies (RES 1 and BE 4). Therefore, it is considered that the proposals can be justified against the relevant Local Plan policies.

With respect to Historic Scotland's 'Memorandum of Guidance', the main thrust of policy on extensions is that they should not have an adverse effect on the architectural heritage of a listed building. It is considered that any extension must play a sub-ordinate role, and never dominate the original, nor be attached to or overlay the principle elevations. It notes that in some circumstances, quite substantial additions can be made to a building without detracting from the character of the original work and that there are no hard and fast rules which can be laid down. In light of the advice provided by the Memorandum, it is considered that the proposals are acceptable for St George's and its setting.

The extension of the vacant church in the manner proposed pays sufficient attention to the character and setting of the former church. In conclusion, this proposal represents an appropriate and acceptable development solution to the challenges posed by the restoration of this important listed building within Lamlash.

The listed building application requires to be referred to Historic Scotland.

4. Full Recommendation

See Appendices 1A and 1B.

Ian T Mackay Assistant Chief Executive

Legal and Protective Services
Cunninghame House, Irvine
24 January 2005

For further information please contact
Anthony Hume, Planning Officer , on 01294 324318