**Document:** DEC Decision Notice
**Application:** 21/01297/B — Proposed land drains (French drains) on the external perimeter of the Chapel of St. Nicholas and along the exterior of the west wall of the Wash House wing.
**Decision:** Permitted
**Decision Date:** 2023-09-08
**Parish:** Michael
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/9506-kirk-michael-bishopscourt-mansion-dwelling/documents/958163

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# DEC Decision Notice

Adam Architecture Mrs Rossana Miles Somerset House, The Strand West Wing London WC2R 1LA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr David Giroux, Ref 21/01297/B, for the Proposed land drains (French drains) on the external perimeter of the Chapel of St. Nicholas and along the exterior of the west wall of the Wash House wing. at Bishopscourt Mansion House Bishopscourt Kirk Michael Isle Of Man IM6 2EZ .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

- 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.

- 2. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to and approved in writing by the Department in consultation with Manx National Heritage. The programme of archaeological work shall be fully implemented in accordance with the approved written scheme of investigation.

Reason: The information is required prior to development commencing as the site is of known archaeological potential and it is important that archaeological remains are appropriately recorded prior to their damage or destruction by the development in accordance with Environment Policy 41 of The Isle of man Strategic Plan 2016.

- 3. Prior to the commencement of any works 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:

- 1. Preparatory works for new landscaping

- 2. 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
- 3. Post landscape maintenance 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.

This decision relates to the following information and drawings; Location Plan 6296 PL01-A Site Plan Park 6296 PL02-A Site Plan House 6296 PL03-A Typical Land Drain Detail DN 20-167 55 PROPOSED PLAN FOR GROUND LEVELS AND FRENCH DRAIN 6296 PL350-B French Drain and Levels Elevation PL351 Hutton+Rostron INVESTIGATION OF DAMP PROBLEMS August 2023 Wessex Archaeology, Archaeological Evaluation Ref: 260210.03 August 2022 PLANNING & HERITAGE STATEMENT October 2021 PLANNING STATEMENT ADDENDUM February 2023

This decision has been made for the following reasons(s) The works are considered necessary to preserve the registered building and are acceptable.

Date of Issue: 8th September 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

-  Any appeal has been concluded; or
-  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

-  the grounds for making the appeal;
-  payment of the planning appeal fee (currently £335); and
-  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:
-  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
-  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.

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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/9506-kirk-michael-bishopscourt-mansion-dwelling/documents/958163*