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Application No.: 25/90623/B Applicant: Mr & Mrs Ann & David Giroux Proposal: Alterations to driveway, including construction of a new entrance gate, stone piers and boundary wall Site Address: Holly Lodge (Refectory) Bishopscourt Kirk Michael Isle Of Man IM6 2EZ Senior Planning Officer: Mrs Louise Phillips Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.10.2025 _________________________________________________________________
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.
completed dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the appearance of the development and the surrounding area.
Reason: In the interests of the setting of adjacent Registered Buildings and the character and appearance of the site and surrounding area.
N 1. A S109 highway agreement will be required for the proposed vehicular access and stopping up the existing garage access.
The proposed development would enhance the setting of the Registered Buildings at Bishopscourt and cause no harm to the character and appearance of the area more generally. The loss of the Registered Trees to the east of the entrance is justified on account of their poor health, and compensation would be provided in the form of two new Hornbeams. The entrance would cause no harm in respect of highway safety and it might represent an improvement to the existing arrangements on this fast stretch of road. Consequently the proposal would comply with relevant legislation and policies of the Development Plan.
Plans/Drawings/Information; This approval relates to the following drawing numbers:
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: o Highways Services, DoI: No objections.
1.0 THE SITE - 1.1 The site is part of the curtilage of Holly Lodge, a Registered Building (023) on the Bishopscourt Site. It was built in 1856-57 and, during the 20th Century, it was used as the Refectory for the Theological College housed within the main Bishopscourt building. - 1.2 There is an existing driveway access at the south-western end of the site through a stone wall. The access served a modern garage for the Lodge but this has now been removed following an earlier grant of Registered Building Consent - 22/01310/CON.
2.0 THE PROPOSAL - 2.1 22/01310/CON referred to above also permitted the removal of a more modern section of wall to either side of the access; and further permissions 22/01296/B and 24/00103/B allowed for a new Refectory gate and driveway to link the Refectory access to the Episcopal Palace. The present proposal revisits works previously approved and seeks to reinstate the driveway shown on the 1866-1869 OS Map. This is possible because the storms in December 2024 brought down a Registered Tree (4121) and damaged the health of another (4120) which had constrained previous applications. - 2.2 The current proposal includes the creation of a new Bell Mouth entrance and driveway with a new entrance gate, stone piers and stone boundary wall. The driveway would be a little to the east of the existing access and would link to the drive already approved further within the site. The new wall would be made of stone to match the existing one along the Bishopscourt frontage, and would rise in height adjacent to the proposed gate, which would be set back from the road. The gate would be made of timber and cast iron; and the piers would be topped with copper and cast iron lanterns. - 2.3 The development would require the removal of four Registered Trees on the east side of the entrance, while Registered Tree 4125 and a group of trees on the west side would be retained. Two new Hornbeams would be planted on either side of the new entrance, set back from the road.
3.0 PLANNING POLICY Site Specific - 3.1 The proposed development is adjacent to Holly Lodge, Registered Building No 023, which is the former Refectory of Bishopscourt. Fox Cottage, Registered Building No 022, is to the immediate east of Holly Lodge and Bishopscourt Mansion House, Registered Building No 1, lies further to the north-east. The whole of Bishopscourt is covered by Registered Tree Area MP20, including Holly Lodge and the site frontage where the development is proposed. - 3.2 The site is not within a Conservation Area and, while there are some areas at risk of surface water flooding across the Bishopscourt site, the area where the development is proposed is not. 1982 Development Plan
3.2 The site is in the countryside within an Area of High Landscape or Coastal Value and Scenic Significance. Isle of Man Strategic Plan 2016 - 3.3 Strategic Policies 3(b) and 5 concern the protection of local character and the environment; and Strategic Policy 4 requires development to protect or enhance the fabric and setting of Registered Buildings and the landscape quality of designated areas. - 3.4 General Policy 2 provides various criteria for development management purposes, including those below which are relevant to this proposal. The development should:
3.5 Environment Policy 2 seeks to protect Areas of Landscape or Coastal Value and Scenic Significance. - 3.6 Environment Policy 24 states that in the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred. - 3.7 Paragraph 8.12.2 and Housing Policy 15: While not strictly relevant to this proposal for a driveway entrance, these parts of the plan permit in principle the extension or alteration oof traditionally styled properties in the countryside where they respect the proportion, form and appearance of the existing property.
4.0 OTHER MATERIAL CONSIDERATIONS Legislation - 4.1 Section 16, Paragraph (3)(a) of the Town and Country Planning Act 1999 requires the Department to have special regard to the desirability of preserving a Registered Building or its setting or any features of special architectural or historic interest which it possesses, when considering whether to grant planning approval for development which affects a registered building or its setting. Planning Policy Statements - 4.2 Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man includes Policy RB/3 which notes the setting of Registered Buildings as a relevant consideration for development proposals.
5.0 PLANNING HISTORY - 5.1 There is an extensive planning history associated with Holly Lodge itself and the wider Bishopscourt site. The following history is most relevant to the current proposal. - 5.2 24/00103/B: Creation of access drive to serve cottage garage (amendments to driveway approved under 22/01296/GB). Permitted. - 5.3 22/01296/B: 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. Permitted. - 5.4 22/01310/CON: Registered Building Consent for alterations and renovation works to property (in association with 22/01295/GB). - 5.5 22/01295/GB: Alterations and renovation works to property and alterations to site accesses.
6.1 Highway Services, DoI: Does not oppose. The application has no significant negative impact upon the highway network in terms of highway safety, highway operation and car
7.1 The main issues are the effect of the proposed development upon the setting of the adjacent Registered Buildings and the character and appearance of the area; upon trees; and upon highway safety. Setting of Registered Buildings and Character & Appearance - 7.2 The relationship of the historic buildings at Bishopscourt to one another is long established and the present application is one of many made in recent years as part of a significant programme of works to restore the site. Planning permission has previously been granted for a new access and driveway at this south-western end and, in light of unfortunate storm damage to trees, the proposal at hand seeks to better reflect the original site layout. - 7.3 The OS Map of 1866-1869 shows a Bell Mouth entrance and crossing path in the approximate location now proposed. The original entrance was larger than the one now sought and the path crossed a field which is no longer in the applicant's ownership, but the proposal would nevertheless reinstate these historic features as far as possible. The new walls and piers would match the older, lower boundary wall along the roadside and the pier copings would be styled to match those seen in 19th Century photographs. - 7.4 Thus the proposed development would restore important and characteristic features of the site and this would enhance the setting of the Registered Buildings upon it. Moreover, the design of the entrance, walls and gates, the materials to be used and the addition of two new trees would afford the development a high quality and attractive appearance. This would enhance the character and appearance of the area generally - there would certainly be no harm. - 7.5 The development would therefore comply with Section 16, Paragraph (3)(a) of the Town and Country Planning Act 1999; with Policy RB/3 of Planning Policy Statement 1/01; and with Strategic Policies 3(b), 4 and 5, General Policy 2(b), (c) and (g) and Environment Policies 2 and 24 of the Strategic Plan. Trees - 7.6 As stated above, the application is made on the basis that trees which previously presented a constraint to the location of the entrance were damaged in storms last year. Drawing No TR-160625-a clearly shows the Registered Trees to be removed and these are all Category C trees. Having regard to the information in the Arboricultural Impact Assessment
(AIA) about their poor health, and to the positive comments of the Forestry Amenity and Lands Team, the removal of these trees is justified.
7.7 The AIA and the other tree-related plans submitted with the application include details about how the retained trees should be protected during construction and show that two new Hornbeams would be planted. With appropriate conditions based upon these documents, it should be possible to retain the mature tree to the west of the access and to compensate for the loss of those to the east. Consequently, the requirements of General Policy 2(f) of the Strategic Plan would be met. Highway Safety - 7.8 The proposed entrance is not intended to serve as the primary vehicular access to Bishopscourt, but to provide ordinary access to the Refectory and occasional access to the wider site. The Bell Mouth proposed is wide and the gates would be set well back from the road, providing plenty of space for vehicles entering or leaving to stand clear of the highway. Given that traffic moves quickly along this stretch of road, the proposed arrangements would likely be safer than those to be replaced; and Highways Services has commented that there would be no significant negative impact in respect of highway safety, highway operation or car parking. Thus the proposal would comply with General Policy 2 (i) of the Strategic Plan.
8.1 For the reasons given above, the proposed development would enhance the setting of the Registered Buildings at Bishopscourt and cause no harm to the character and appearance of the area more generally. The loss of the Registered Trees to the east of the entrance is justified on account of their poor health, and compensation would be provided in the form of two new Hornbeams. The entrance would cause no harm in respect of highway safety and it might represent an improvement to the existing arrangements on this fast stretch of road. Consequently the proposal would comply with relevant legislation and policies of the Development Plan and so it is recommended for approval accordingly. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and/or rights to appeal.
Decision Made : Permitted Date: 30.10.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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