DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00341/GB Applicant: Mrs Ann & Mr David Giroux Proposal: Demolition of existing attached single storey garage and erection of a replacement single storey garage on south elevation (in association with RB consent application 24/00342/CON) Site Address: Bishopscourt House Bishopscourt Kirk Michael Isle Of Man IM6 2EZ Technical Officer: Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.05.2024

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.

This application has been recommended for approval for the following reason.

The proposals within this application are judged to have both negative and positive impacts on the significance of this registered building. The introduction of a flat roof on the replacement garage is considered to cause harm to the special interest, although this harm is judged to be less than substantial given that it is not considered to seriously affect a key element of the building's special architectural or historic interest. The re-instatement of the Theological College porch and ground floor window, together with the re-instatement of the principal elevation garden wall and gate, all considered to enhance the special historic interest of the building. As a result, on balance it is considered that the less than substantial harm is offset by the enhancements, and that therefore the application meets the tests of section 16 of the Act as the building's setting and features of special interest are being preserved. The application is also judged to be in accordance with Strategic Policy 4, General Policy 2, and Environment Policies 32 and 34 of the Strategic Plan as the proposals would protect and preserve the special interest of the registered building and its setting, respect the site and surroundings, and traditional materials are being used. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This decision relates to drawings 6296 PL900-A, 6296 PL901, 6296 PL902, 6296 PL903, 6296 PL904, 6296 PL905-A, 6296 PL906, 6296 PL907-A, 6296 PL908, 6296 PL909-A, 6296 PL910-A and 6296 PL911-B received on 17th April 2024, together with the materials statement and planning statement also received on 17th April 2024.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is Bishopscourt, a 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 This application is focused on the existing attached garage block at the south eastern corner of the existing building.

2.0 THE PROPOSAL - 2.1 This application seeks approval to replace the existing garage, constructed in 1996, with a stone clad flat roof garage, with timber doors on the south, west and north elevations. The application also proposes to re-instate a pitched roof porch and ground floor window. The application is concurrent with registered building consent application 24/00342/CON, and follows previous applications 22/00446/GB and 22/00328/CON to remove the external staircase in this area.

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 Policy 32 Environment Policy 34

• Environment Policy 40
• Environment Policy 41

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 Prior to 2020, there are a number of historic application at the property that are not judged to be relevant to the current application. Since the current owners purchased the property, 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 highways interest (26.4.2024).

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, the application proposes to remove a non-historic garage and replace it with a flat roofed garage on a similar footprint. The application also proposes to re-instate a porch and ground floor window. These proposals have the potential to impact the building's special architectural and historic interest, and to impact the building's setting. - 6.2 Replacement attached garage. This application proposes to demolish the existing attached garage and replace it with a flat roof garage, featuring a parapet wall on all sides finished in Manx stone and a sand-blasted Granite coping. The garage's roof would be finished in lead, while the door would be painted hardwood and the hoppers and downpipes would be cast-iron. The south facing wall of the replacement garage has been designed to have a similar appearance to a garden wall that in shown in photographs from 1911, a wall that was demolished to make way for the modern garage. The doors in the south and north elevations of the proposed garage have been designed to have a similar appearance to the gate that was present in the historic garden wall. The reinstatement of this historic garden wall, and the gate/door within it, is considered to be positive as it will restore an element of the building's historic fabric and setting. The removal of the existing modern garage is judged to cause no harm to the building's significance, as this element currently makes no contribution to the significance. The introduction of a parapetwalled garage on the footprint of the existing garage, behind the garden wall as viewed from the principal elevation, is a more complexed element in terms of potential harm to the building's special interest. Eaves parapet walls are a detail that is present on both the Victorian and pre-19th century phases of the building, and therefore the proposed use in this location is considered acceptable. Although the eaves level of the existing garage is lower than the top of the proposed parapet, the ridge of the existing garage is taller. As the parapet level is being dictated by the historic height of the previous garden wall, the height and massing is judged to be acceptable. The replacement garage is proposed to have a 1-in-80 flat-roof finished in lead. Generally flat roofs are not in evidence elsewhere on the building, although there are visible areas of leadwork in numerous areas on the roof as would be expected on a slate-roofed historic building. The Granite coping stones, cast-iron rainwater goods and appropriately detailed Manx stone walling are all finishes that represent an improvement on those currently

• in place on the existing garage. Queries and discussions have taken place with the applicant's agent regarding the garage and in particular as to why a flat roof has been proposed. The design rationale is that the use of a flat roof will allow the element to remain hidden, particularly from the sensitive and significant principal (southerly) elevation. This has been judged to be preferable to the introduction of a pitched roof, which whilst more in keeping with the roofs elsewhere on the Victorian wings of the building, would be introducing a more visible non-historic element that would mask more of the historic building and potentially result in more harm. I agree that the flat roof would be a less visible element than a pitched roof, and the proposed traditionally-rolled lead finish is an appropriate material finish. In terms of the replacement garage, I do consider the proposal to cause some harm to the building's architectural special interest. However, I consider this to be less than substantial as I judge the adverse impact does not seriously affect a key element of its special architectural or historic interest.
• 6.3 Re-instatement of porch and ground floor window. Applications 22/00446/GB and 22/00328/CON permitted the removal of the modern external staircase and lobby sited between the attached garage and wash house wing. This application now proposes to re-instate the pitched roof porch that historically served as the Theological College entrance. The application also proposes to re-instate the ground floor window that was evident in historic photographs dated circa 1911, and the opening for which has been revealed behind cement render. It is understood that the lean-to portion of the historic building dates from the late 19th century. As there is a clear evidence base for these proposed alterations, both from historic photographs and in the physical fabric, it is considered that these alterations would preserve and partly enhance the building's special historic interest.
• 6.4 Overall, I consider the harm caused by the replacement garage to be offset by the reinstatement of the porch, ground floor window and garden wall. With this in mind, I judge the application to meet the tests of section 16 of the Act as the building's setting and features of architectural and historic interest are being preserved. Policy Tests
• 6.5 As discussed in sections 6.2 to 6.4, this application consists of multiple elements. The reinstatement of the Theological College porch and ground floor window are considered to be elements that preserve, protect and partly enhance the building's special historic interest. These elements are also considered to respect their site and surroundings, as well as respecting the scale, form and design of the building and its setting.
• 6.6 The application includes a proposal to replace the existing 1996 built attached pitched-roof garage with a flat roof garage on the same footprint. The replacement garage has been designed in a manner that will result in its south elevation will re-instate the Victorian garden wall that is evident in photographs taken in 1911. This will include a painted timber door that will replicate the garden gate that previously existed in the wall, and split a garden path known as 'The Long Walk' that was a notable feature of the estate grounds. The garage would have a parapet Manx stone clad wall, hiding a lead-finished flat roof. Whilst the flat roof is not an element that is in evidence elsewhere on the building, the rationale for proposing it in this instance is to reduce the impact of the roof on the adjacent historic parts of the building. There is some merit in this argument, and the fact that the flat roof will not be visible from anywhere other than within the building is positive in terms of the potential impact on the building's setting. The proposed garage would also utilise cast-iron hoppers and downpipes, Granite coping stones and horizontally-laid Manx stone to match the Victorian era elements of the building. On balance, the restoration of the garden wall and the use of traditional materials is judged to offset the use of a flat roof in this instance, particularly given that the flat roof will reduce the garage's impact on the adjacent historic wings of the building.
• 6.7 As the works are on the same footprint as the 1996 garage, it is not considered that the proposals would cause damage to this potentially important archaeological site. Furthermore,

as this application follows numerous others on the Bishopscourt site and an archaeological watching brief is already established for the wider project, it is not considered that separate archaeological evaluations are required in respect of this specific application.

7.0 CONCLUSION - 7.1 The proposals within this application are judged to have both negative and positive impacts on the significance of this registered building. The introduction of a flat roof on the replacement garage is considered to cause harm to the special interest, although this harm is judged to be less than substantial given that it is not considered to seriously affect a key element of the building's special architectural or historic interest. The re-instatement of the Theological College porch and ground floor window, together with the re-instatement of the principal elevation garden wall and gate, all considered to enhance the special historic interest of the building. As a result, on balance it is considered that the less than substantial harm is offset by the enhancements, and that therefore the application meets the tests of section 16 of the Act as the building's setting and features of special interest are being preserved. The application is also judged to be in accordance with Strategic Policy 4, General Policy 2, and Environment Policies 32 and 34 of the Strategic Plan as the proposals would protect and preserve the special interest of the registered building and its setting, respect the site and surroundings, and traditional materials are being used. The application is therefore recommended for approval.

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:

• 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 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: 29.05.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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