190897

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00133/B Applicant : Mr David & Mrs Ann Giroux Proposal : Installation of hardstanding and external plant equipment, upgrading of site services within grounds and widening of drive Site Address : Bishopscourt Kirk Michael Isle Of Man IM6 2EZ

Technical Officer: Thomas Sinden Photo Taken : Site Visit : Expected Decision Level :

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 10.05.2024 __

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. Prior to the commencement of works, the tree protection measures shown on drawing TP-240124-1_revA are to be put in place. Thereafter, the tree protection plan is to be adhered to in full for the duration of the works.

Reason: To ensure that the existing trees on the site are adequately protected.

C 3. The tree planting shown PP-240124_revA shall be carried out during the first planting season following the installation of the service trenches hereby approved. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: to ensure the provision of an appropriate landscape setting to the development.

C 4. Prior to the commencement of each stage of groundworks relating to the installation of new service routes, details of the width, depth and position of each trench are to be submitted to and approved in writing by the Department. Thereafter, the service trench works are to be carried out in accordance with the approved details.

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Reason: to ensure that the registered building, its setting, and any areas of potential archaeological significance are protected and preserved.

This application has been recommended for approval for the following reason. Given the scale and position of the plant equipment, as well as the screen planting proposed, the application is judged to be in accordance with Section 16 of the Town and Country Act 1999 as the settings of the Registered Buildings are being preserved. The application is also judged to meet the tests of Planning Policy Statement 1/01 as well as Strategic Policy 4 and General Policy 2 of the IOM Strategic Plan 2016 as the settings of the Registered Buildings are being preserved and the proposals do not adversely affect the character of the surrounding landscape. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to drawing 6296 PL800A received 23.2.2024, drawings 6296 PL802D, PP- 240124_revA, TI-240124_revA, TP-240124-1_revA, TP-240124-2 and TS-240123 received 30.4.2024, together with Arboricultural Impact Assessment AIA-250124_revA received on 30.4.2024 and the Planning Statement received 23.2.2024. __

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE SITE 1.1 The site is Bishopscourt, and registered building (RB 1). A large house, formerly the home of The Bishop of Sodor and Mann and thought to have been founded by Bishop Simon (Bishop from 1230 to 1248). The house and remaining estate were sold into private ownership in 1979. The oldest existing section of the building, part of 'King Orry's Tower', is thought to date from the end of the 14th Century. The property is not located within a conservation area.

1.2 Although within the site of the registered building, this application focuses on an area at the western side of the site, adjacent to (and to the west of) the existing garage block.

2.0 THE PROPOSAL 2.1 This application seeks approval for the installation of hardstanding and external plant equipment, upgrading of site services around the site, and the widening of the existing driveway that runs from the main house to the cottage and refectory. This application forms an amendment to recently approved application 23/00910/B, which also proposed the construction of an engine house plant room.

3.0 PLANNING POLICY The site is in an area with a high likelihood of surface water flooding.

3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 General Policy 2 Strategic Policy 4 Environment Policies 40 and 41

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3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man POLICY RB/5

4.0 PLANNING HISTORY 4.1 As mentioned in section 2.1, application 23/00910/B permitted the construction of new engine house plant room, installation of hardstanding and external plant equipment, and upgrading of site services within grounds.

4.2 There are a number of historic application at the property that are not judged to be relevant to the current application. In 2021 RB consent and planning approval was granted for replacement roofs to the tower, hall and west wing (21/01300/CON, 21/01301/GB, 21/01414/GB and 21/01416/CON). Applications 22/00446/GB and 22/00328/CON permitted the removal of an external staircase, various structural repair works and extensive internal repair and restoration works. 22/00773/CON approved the restorations to the tower crenellations, while application 22/01168/CON approved the installation of replacement windows. Applications 23/00253/CON and 23/00254/GB permitted further alterations internally, alterations to external openings and the installation of a dormer. Application 21/01297/B permitted ground level alterations and drainage.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.

5.1 DOI Highways - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking (1.3.2024).

5.2 DEFA Forestry - Although no formal comments have been received, discussions have taken place between DEFA Forestry and the applicant's arboricultural specialist. The tree protection measures and planting plan have been developed following these discussions, and the DEFA Forestry Officer has stated that they have no objections to the scheme as now proposed, but request that both matters are conditioned within any approval.

6.0 ASSESSMENT Statutory Test 6.1 Section 16 of the Act states that 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." In this instance, works are proposed within the grounds of a registered building that have the potential to impact its setting.

6.2 This application forms an amendment to previously approved application 23/00910/B, which included an engine house substation building in addition to the works now proposed. The position of the condensers and hardstanding adjacent to the existing garage block is proposed to be swapped from that approved under 23/00910/B. The scale and siting of this element of the works is considered to be such that it will not impact the setting of the registered building. The position, size and nature of the proposed service trench does have the potential to negatively impact the building's setting, and to damage areas that are potentially archaeologically significant. Therefore it is judged reasonable to add a condition to any approval that requires the exact details of the service trench to be approved by the Department prior to the works being undertaken.

6.3 The application includes a proposal to widen the driveway noted on the site plan as Refectory Walk, sited in the south-eastern portion of the grounds and linking the main property with the cottage and refectory. The proposal is to widen this portion of driveway by 800mm,

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and given its position this very modest increase in width is not considered to have any impact on the setting of any of the three registered buildings on the site.

Policy Tests 6.4 The proposed location of the plant equipment, adjacent to the substantial detached garage block to the west of the main Bishopscourt building, is considered to be such that it is sufficiently distant from the house so as to cause no harm to the registered building's setting. In terms of the impact on the character of the surrounding landscape, screen planting is proposed that will mask the equipment. With this in mind, it is considered that the character of the locality and surrounding landscape will not be adversely affected.

6.5 The service trench from the new substation to the house has the potential to impact the building's setting and to damage areas of potential archaeological significance. The applicant's agent has explained that the route has been chosen with the intention of reducing its impact on the grounds, partly using existing drives and paths where possible. As discussed in 6.2, in order to ensure that the site and registered building are adequately protected, it is recommended that a condition be added to any approval that requires the exact details of the service trench to be approved by the Department prior to the works being undertaken.

6.6 The proposed service trenches and the widening of the Rectory Walk driveway have the potential to cause harm to the trees on the site. Following discussions with DEFA Forestry, the applicant has submitted a tree protection plan and a landscaping plan. These measures are intended to avoid damage to the existing trees adjacent to the works, and in the case of the landscaping plan to mitigate the Sycamore trees being lost with replacement trees. As DEFA's Arboricultural Officer has no objections to the scheme, it is considered that the proposals will not adversely affect the locality or the character of the surrounding landscape. As requested, it is recommended that conditions be added to any approval in relation to the tree protection measures and landscaping.

7.0 CONCLUSION 7.1 Given the scale and position of the plant equipment, as well as the screen planting proposed, the application is judged to be in accordance with section 16 of the Town and Country Act 1999 as the settings of the registered buildings are being preserved. The application is also judged to meet the tests of planning policy statement 1/01 as well as strategic policy 4 and general policy 2 of the IOM Strategic Plan 2016 as the settings of the registered buildings are being preserved and the proposals do not adversely affect the character of the surrounding landscape. It is therefore recommended that the application is approved.

8.0 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:

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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 above who should be given Interested Person Status __

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 16.05.2024

Determining officer Signed : A MORGAN Abigail Morgan

Acting 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.