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Application No.: 22/01296/GB Applicant: Mr & Mrs David & Ann Giroux Proposal: Alterations and renovation works to property including the erection of a replacement single storey extension, alterations to site access, and erection of a detached garage with ancillary living accommodation above (in association with RB application 22/01311/CON) Site Address: Fox Cottage Bishopscourt Kirk Michael Isle Of Man IM6 2EZ Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.06.2023
C : Conditions for approval N : Notes attached to conditions
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.
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.
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.
The application is in accordance with section 16 of the Town and Country Act 1999 as the building's special interest and the setting of the registered buildings are being preserved. The application also meets the tests of planning policy statement 1/01 as well as strategic policy 4, general policy 2, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is being protected, preserved and in part enhanced, and traditional materials are being used. Although some harm is proposed to the trees on the application site, it is judged that the mitigation measures are such that the development will not result in unacceptable loss, and on balance the benefits to the protected building offset this harm. The application is therefore judged to be acceptable.
This decision relates to drawings PLC01B, PLC04C, PLC06, PLC07, PLC08, PLC09A, PLC10, PLC11, PLC12, PLC13, PLC15, PLC16C, PLC17C, PLC18B, PLC21A, PLC22A, together with Aboricultural Impact Assessment 230622E and associated drawings TS-230622B, TI-230622G, OTP-230622G and TR-230622G.
_______________________________________________________________ Interested Person Status – Additional Persons
The DEFA Forestry Officer and DEFA Ecosystem Policy Officer cannot be awarded interested party status as per section 3.2.4 of the policy. _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is Fox Cottage, a registered building (RB 22). The building first appeared in the census of 1851, and is thought to have been built by Bishop Short in the 1840s. The building is noted as a Lodge on the 1860s map, and was historically sited adjacent to the principal gate and drive for Bishopscourt itself (RB 1). When sold off from the main complex as a private dwelling, the property was renamed Fox Cottage, under which name it was registered. The new owners are intending to reinstate the property's name as The Cottage, as they also intend to do with the adjacent Holly Lodge (RB 23), which will return to its form name of the Refectory. The building has a special historic interest with the part it plays in the history of the Bishopscourt complex. Although there have been several unfortunate alterations, the building's historic form can still be appreciated and elements of historic fabric remain, and given its age, this provides a special architectural interest. The property is not located within a conservation area.
2.0 THE PROPOSAL - 2.1 This application proposes to remove the modern extension on the north eastern side of the building, and erect a single storey extension partly on the footprint of the existing conservatory. The application also proposes to erect a detached double garage with ancillary living accommodation above. A new driveway is proposed to serve the garage, with the access on to the main road within the site of the Refectory (Holly Lodge), and considered under planning application 22/01295/GB.
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) In considering —
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2 Strategic Policy 4 & 12 Infrastructure Policy 5 Environment Policy 1, 3, 32 & 34 Community Policy 7, 10 & 11.
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
4.0 PLANNING HISTORY - 4.1 The following applications have been received for the property:
Reference Number: 20/01171/CON Status: Permitted Proposal: Registered Building Consent for the creation of first floor shower room (retrospective)
Reference Number: 07/01837/B Status: Permitted Proposal: Creation of a new access Reference Number: 96/00973/B Status: Permitted Proposal: Demolition of garden stores and erection of garage, Bishops Court, Kirk Michael. Reference Number: 94/00029/B Status: Permitted Proposal: Internal alterations, Bishopscourt, Michael/Ballaugh. Reference Number: 91/00765/B Status: Permitted Proposal: Replacement of dormer windows, Holly Lodge, Bishopscourt, Michael.
Reference Number: 84/00920/B Status: Permitted Proposal: Construction of replacement conservatory, The Refectory, Bishopscourt, Michael Parish
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure Highways Division initially requested further information to demonstrate the adequacy of the visibility splays from the proposed amended access (10.11.2022 & 22.12.2022). Following the submission of additional and amended information, Highways have stated that they have no objection to the proposals (11.1.2023, 15.2.2023 & 13.4.2023). - 5.2 The Department of Infrastructure Drainage Division have stated that 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 (15.12.2023 & 16.2.2023). - 5.3 The DEFA Forestry Officer has raised an objection to the proposals given the nature of the trees proposed to be lost in order to accommodate the repositioned driveway and cottage detached garage. Numerous discussions have taken place between Forestry Officers and the applicant's arboricultural agents, and several revisions have been submitted. Whilst maintaining their objection on the basis of the loss of the category B trees, the Forestry Officer has stated that the most recently submitted scheme represents an improvement in terms of the level of
6.1 There are judged to be two principal issues with this application. Firstly, whether the proposals would affect detrimentally the building's special interest, including the setting of all three registered buildings in the vicinity. Secondly, whether the proposals would have an unacceptable impact on the site's existing trees. - 6.2 The application proposes to remove the existing 1991 extension and erect a larger extension. In terms of the proposed removal of the 1991 extension, it is not considered that this element contributes positively to the 19th century building or the site, and therefore its removal is considered acceptable, and could indeed be judged to be a positive proposal. - 6.3 In terms of the proposed replacement extensions, it is considered that various different aspects of the proposals need to be considered in respect of their potential impact on the registered building and its setting. On the property's roadside (south-east) facing elevation, the proposed works would take the form of an extension to the existing stone wall, with pointed stone facing to match the existing wall. The paint on the existing wall would be removed and the existing stonework repaired. The existing and proposed walls would appear as one, and as an obviously different element to the rendered historic cottage. Depending on the exact location of the viewer, the proposed pitched roof element behind the front wall would be visible to some degree, as would the extension's proposed chimney stack. The existing arrangement sees the extension roof run in to the historic roof. It is considered that the clearly detached nature of the new pitched roof from the historic cottage is an improvement, as it enables the cottage's historic roof form to be appreciated to a greater degree. - 6.4 The proposed double garage would be sited north east of the existing cottage (and proposed extension), in the direction of the main Bishopscourt property. The proposed garage would be two storey, finished in local stone, and have a form akin to a typical Manx cottage with chimney stacks on both gables. The nature of the site's topography results in the cottage and the proposed garage sitting below the level of the main road. As a result, the impact of the proposed garage is reduced when viewed from the roadway (the main Kirk Michael to Ballaugh road). Despite the topography, however, the two storey form of the proposed garage does mean that it will be visible, and will have some impact on the setting of the cottage. The finishes and form of the proposed garage are traditional, which is judged to assist in mitigating the impact. The presence of a category B Sycamore tree between the two buildings is further judged to assist, and together with the fact that the visible elevations of the historic building are those on the opposite side to the garage, the impact on the registered building's setting is considered to be acceptable. - 6.5 The position of the proposed extension and the proposed detached garage are such that they are not judged to significantly impact the setting of the adjacent Refectory (registered building 23). The proposed detached garage would be sited between the main Bishopscourt property (registered building 1) and the existing cottage. However, given that the proposed garage would be over 100 metres from the main Bishopscourt property, and the presence of mature trees in the area between, the proposals within this application are not judged to significantly impact the setting of the main Bishopscourt property.
6.6 The application proposes the loss of several trees, principally on the site of the proposed garage and its access drive. There are three category B trees proposed to be lost (two Manx Palms and one Sycamore). There are also a number of category C trees (six individual trees and one group that includes various smaller trees) proposed to be lost. There are a significant number of trees on the Bishopscourt site, and in particular in the area between the cottage and the main house. The trees, and in particular the mixture of species and sizes, are considered to contribute significantly to the character of the site, locality and surrounding landscape. The DEFA Forestry Officer has maintained an objection to the proposals, although they have stated that the current scheme is an improvement on those submitted previously. The proposals within this application are part of a wider project to renovate and restore the entire Bishopscourt site. As part of the wider project, a holistic landscaping scheme is being developed that will include the gardens of Bishopscourt, the Refectory and the Cottage. The DEFA Forestry Officer has suggested that mitigation measures could offset some of the harm and help protect the trees being retained, and that a landscaping scheme could further offset the trees proposed to be lost. Given that the harm can potentially be offset to a certain degree by landscaping on the sider site, and the number of existing trees that are proposed to be retained, it is judged on balance that the proposals will not result in unacceptable loss of the trees on the site. In order to safeguard the retained trees and to ensure that an appropriate landscaping scheme forms part of the proposals, it is considered prudent to add the conditions suggested by DEFA Forestry to any approval. - 6.7 Whilst the site is noted as being at risk of surface water flooding, it is considered that the proposals will not significantly change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case. - 6.8 The D.O.I. Drainage Division have commented that no surface water run-off on to the existing highway from the new entrance. The new entrance referred to is not within the red line of this application, falling within the site of concurrent application 22/01295/GB. However, given that the entrance is intended to serve the detached garage proposed within this application, it is considered reasonable to assess likely surface water run-off. Following numerous site visits, it is clear that the existing highway is significantly higher than the ground level around the building, and as such any run-off will flow away from the existing highway. A condition is not therefore considered necessary, although it is recommended that a note be added to any approval to remind the applicant of the requirements within Section 58 of the Highway Act 1986. - 6.9 Given the nature and scale of the proposals, the application is judged to comply with Infrastructure Policy 5 and Community Policies 7, 10 and 11 of the IOM Strategic Plan 2016.
7.1 The application is judged to be in accordance with section 16 of the Town and Country Act 1999 as the building's special interest and the setting 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, general policy 2, environment policy 32 and environment policy 34 of the IOM Strategic Plan 2016 as the building is being protected, preserved and partly enhanced, and traditional materials are being used. Although some harm is proposed to the trees on the application site, it is judged that the mitigation measures are such that the development will not result in unacceptable loss, and on balance the benefits to the protected building offset this harm. It is therefore recommended that the application is approved. - 8.0 INTERESTED PERSONS STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by a Principal Planner 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: 15.06.2023 Determining officer
Signed : A MORGAN Abigail Morgan Principal Planner
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