15 June 2023 · Delegated - Principal Planner Abigail Morgan
Fox Cottage, Bishopscourt, Kirk Michael, Isle Of Man, IM6 2ez
Fox Cottage is a historic registered building (RB 22) dating from the 1840s, originally a lodge for the Bishopscourt estate. The proposal removes a modern 1991 extension and replaces it with a larger single storey extension using traditional materials like local stone and pitched roofs, while adding a detached two-stor…
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The officer assessed two principal issues: impact on the registered building's special interest and setting, and unacceptable impact on existing trees.
Town and Country Planning Act 1999 Section 16 Registered buildings: supplementary provisions
Requires special regard to preserving the building or its setting or features of special architectural or historic interest. Officer found proposals preserve special interest and setting of RB22, RB23, and RB1 through removal of non-contributing extension, traditional materials, and design that better reveals historic form; garage impact mitigated by topography, trees, and finishes.
Strategic Policy 4
IOM Strategic Plan 2016 policy protecting heritage. Building protected, preserved, and partly enhanced; benefits offset tree harm.
General Policy 2
IOM Strategic Plan 2016 general policy. Traditional materials used; proposals acceptable in context.
Environment Policy 32
IOM Strategic Plan 2016 environment policy on trees/landscaping. Tree loss mitigated by conditions for AMS, tree planting per BS8545, and wider landscaping scheme.
Environment Policy 34
IOM Strategic Plan 2016 environment policy. Enhances historic building while mitigating tree impacts.
Infrastructure Policy 5
IOM Strategic Plan 2016. Proposal complies given scale and nature; highways no objection.
Time limit
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.
Arboricultural Method Statement
Prior to the commencement of any works in relation to the new driveway and garage hereby approved, an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should address: (a) The specification of the protective fencing to be used (b) Removal of existing structures and hard surfacing (c) The installation of temporary ground protection (d) The installation of new hard surfacing (materials, design constraints and implications for levels) (e) Retaining structures to facilitate changes in ground levels (f) Preparatory works for new landscaping (g) How the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection. The agreed protection measures and construction methods shall adhered to in full. Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.
Tree planting plan
No landscaping works shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details: (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density. (b) the approximate date when they are to be planted (c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation. Reason: to offset the trees lost, to ensure an appropriate standard of visual amenity in the local area and ensure that the development is appropriately landscaped to sit comfortably and acceptably in its location.
Bat Management Plan
All development hereby approved shall be undertaken strictly in accordance with the Bat Management Plan dated November 2021. The measures identified in the plan shall be adhered to and implemented in full and maintained thereafter. Reason: To safeguard the protected species (bats).
no objection to the proposals following submission of additional and amended information
no surface water runoff on to the existing highway can be allowed from the new access, and that ground levels should be designed accordingly to prevent this
DEFA Biodiversity and DEFA Forestry/Agriculture & Lands Directorate objected due to excessive tree removal in a Wildlife Site and risks to retained trees, while DOI Highways ultimately raised no objection subject to conditions and DOI Drainage requested surface water drainage details.
Key concern: excessive removal of mature category B and C trees within Bishopscourt Wildlife Site with inadequate mitigation and high risk to retained trees
DEFA Ecosystem Policy Team
ObjectionThe Ecosystem Policy Team object to this application due to the level of tree removal, which seems excessive for the work proposed, and the lack of ecological mitigation.; The application area is entirely within Bishopscourt Wildlife Site.; priority should be given to their retention whenever possible and plans altered to enable this.
Conditions requested: No site clearance, preparatory work or development shall take place until tree planting and updated landscape plans have been submitted to and agreed in writing by the Planning. These plans should contain details, including locations and species, of tree, shrub and hedge planting across the site. We recommend that these plans are written in collaboration with an ecologist.; No tree removal shall take place until pre-felling assessments for roosting bats and nesting birds have been undertaken by a suitably qualified ecologist and the results have been submitted to Planning and agreed in writing. Should nesting birds be found, or roosting bats or potential roost features for bats be identified, then details of additional avoidance and mitigation measures will also need to be supplied.; No permanent outdoor lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing.
DEFA Agriculture & Lands Directorate
ObjectionThe Directorate is strongly objecting to the proposal on the following basis; the latest revision of the plans have made the proposal significantly worse; the objection has become more severe
Conditions requested: Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department.; No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations).
DOI Highways Development Control
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to Drawing No. 6296 PLC 04-B and No. 6296 PLR21.; Visibility splays from the proposed access at a minimum requirement of 2.4m x 120m
Conditions requested: all access arrangements to accord to Drawing No. 6296 PLC 04-B and No. 6296 PLR21; Section 109(A) Highway Agreement to be made post planning consent
DOI Highways Drainage
No CommentAllowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.; no indication of ground levels and therefor no indication of ground water flows and their controls
