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Application No.: 25/90285/B Applicant: Mr & Mrs David & Ann Giroux Proposal: Installation of two boreholes Site Address: Bishopscourt Mansion House Bishopscourt Kirk Michael Isle Of Man IM6 2EZ Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.06.2025 _________________________________________________________________
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.
It is judged that the application complies with environment policy 1, strategic policy 4, general policies 2 and 3, and energy policy 4 as the proposed works would protect the setting of the registered building, would not harm the wider environment, are sited so as to respect the site and its surroundings, and would have due regard to best practice in reducing energy consumption. The application is therefore judged to be acceptable.
This decision relates to drawings 6296 1000, 6296 1004 (B) and 6296 1005 (B), together with the other supporting information received on 29.4.2025.
_________________________________________________________________ Right to Appeal
Right to Appeal It is recommended that the following properties that have made written representations should be given the Right to Appeal: The owners of both Garden Cottage and The Lindens - Both submissions comply with all requisite sections of part 2.0 of the Operational Policy. It is recommended that the following organisations should NOT be given the Right to Appeal: DEFA Energy and Minerals Team - Cannot be given the Right to Appeal as a part of DEFA.
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is within the grounds of Bishopscourt, a registered building (RB 1). The property is 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 The application proposes development in two locations on the site. Firstly, a short distance west of the existing, non-historic, garage block. Secondly, within the former kitchen garden of the complex, north-east of the main grounds in a parcel of land behind the road-side cottages named The Lindens and Coachman's Cottage.
2.0 THE PROPOSAL - 2.1 This application seeks approval to construct two boreholes to assist in providing water for the property and its grounds. The works would be entirely subterranean, 1.2m in diameter and intended to sink to a depth of 60 metres.
3.1 The site is in an area with a high likelihood of surface water flooding.
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
Strategic Objective - Resources (d) To support energy generation from renewable resources
4.1 Isle Of Man Renewable Heating Scenarios (January 2022): Key Targets:
4.2 Isle Of Man Future Energy Scenarios (2020), in which the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following: "Key Targets - To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050."
4.3 Climate Change Act 2021 - sets out the legal requirement; "to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes".
4.4 Climate change plan 2022-2027 - Statutory document for climate change which seeks to reduce greenhouse gasses across the Island to become a carbon neutral Island by 2050 and meet interim targets of a 35% reduction in emissions by 2030 and 45% by 2035 and is expected to affect various economic, social and environmental factors. - 5.0 PLANNING HISTORY
5.1 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 crenelations, 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. Most recently, applications 24/00341/GB and 24/00342/CON permitted the replacement of a modern garage on the building's south elevation with a single storey flat roof garage with a parapet wall. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.
6.1 DEFA Energy and Minerals Team The Borehole Overview Model drawing indicates that the boreholes will be drilled to a depth of approximately 60m. We would like to draw attention to the fact that under the Isle of Man Minerals Act 1986 (Section 29(1)), there is a requirement to inform the Department in writing two weeks in advance of drilling any borehole greater than fifty feet below the surface. It is to be noted that it is illegal for anyone involved in sinking a borehole, whether as a commissioner of the work or the contractor, to fail to adhere to the Act's requirement.
6.2 Michael Commissioners were consulted on 30.4.2025. At the time of writing this report, no representation has been received and it is therefore assumed that the authority has no comments to make regarding the application (17.6.2025).
6.3 Owners of Garden Cottage - Object to the application on the basis of Noise, Disruption, and Quality of Life, Impact on Property Value and Structural Integrity, Historical Significance, Reasons for Two Boreholes and Environmental Concerns. - 6.4 Owners of The Lindens - Object to the proposals with the same concerns as 6.4 above.
7.1 As highlighted by the comment received from the Energy and Minerals team, legislation exists to control and monitor the drilling of any borehole deeper than 50ft (these boreholes would be in the region of 190ft). In addition to this, the Manx Museum and National Trust Act controls excavations in and around ancient monuments and areas of potential archaeological interest. These controls are both outside of the planning process, and any grant of planning approval would not impact the need to comply with those pieces of legislation.
7.2 While there are no specific policies relating to the construction of boreholes, there are numerous references within the IOM Strategic Plan to renewable fuels and renewable energy generation. Whilst the boreholes proposed in this application would not provide a source of energy, the collection, treatment and transportation of water does require large amounts of energy, and therefore sustainable local sourcing of water is something that has environmental benefit. - 7.3 The application proposes two boreholes in two distinct locations. One is proposed to the west of the existing modern garage block. Given the location of the proposed borehole on the far side of the garage block from the historic property and grounds, I judge that the construction of a borehole in this location would not result in harm to the registered building, its setting, or any harm to the environment. - 7.4 The second proposed location for a borehole is to the north-east of the registered building, on the other side of the stream running south-east to north-west across the site. The site proposed is within an area that was formerly used as a kitchen garden. Prior to the current restoration project, this area was an uncultivated field/meadow. At the time of writing this report, the area is being used as the site compound for the project and is covered with hardcore stone. Although no overall landscaping plan has been submitted for the project as of yet, the applicant's agents have stated on numerous occasions that there is an intention to return this area to its use as a kitchen garden. With both the historic uses and future intentions of the site in mind, I judge that there would be no harm in the construction of a borehole in this area. - 7.5 The owners of both Garden Cottage and The Lindens have raised objections to the proposals with various concerns. Whilst many of these concerns relate to the reduction in quality of life that are currently being experienced as a result of a temporary site compound, the concerns in relation to historic significance, justification for the boreholes and environmental concerns are judged to be material planning considerations. Given the location of the proposed boreholes, I do not judge that the proposals will result in any alteration to the historic significance of either property. The scale of the Bishopscourt site and the desire to have an independent water supply, I consider that the boreholes are justified. Finally, having in mind the requirements of the Minerals Act highlighted by the DEFA Energy and Minerals Team, together with no objection from the Ecosystems Policy Team, I judge that there would be no significant adverse impact to the environment as a result of the proposed boreholes.
8.1 It is judged that the application complies with environment policy 1, strategic policy 4, general policies 2 and 3, and energy policy 4 as the proposed works would protect the setting of the registered building, would not harm the wider environment, are sited so as to respect
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):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in
a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 18.06.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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