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Application No.: 25/90283/B Applicant: Mr & Mrs Ann & David Giroux Proposal: Conversion of garage block to covered swimming pool with associated service rooms 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: 09.01.2026 _________________________________________________________________
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.
All works shall be carried out in accordance with the approved details. The works shall be carried out in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscaping scheme that will prevent adverse impact on the site's existing wildlife and habitats.
detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), include internal and external lighting, and include a programme of implementation.
All works shall be carried out in accordance with the approved details. The works shall be carried out in accordance with the programme agreed in writing with the Department, and to be retained in full thereafter.
Reason: To ensure the provision of an appropriate lighting scheme that will prevent adverse impact on the site's existing wildlife and habitats.
Reason: To ensure the glazed portion of the building will not result in adverse impact on the site's existing wildlife and habitats.
N 1. The applicant is reminded of their responsibilities under the Minerals Act 1986 (as amended) in respect of any material being removed from the site as a result of the excavations being undertaken for the works hereby approved.
This application has been recommended for approval for the following reason.
It is judged that the application meets the statutory test within section 16 of the Act, as the setting of the registered building would be preserved. It is also judged that the application complies with strategic policy 4, general policy 2 and environment policy 1 as the scale, form and design of the proposed extension is judged to represent an improvement on the existing garage block and levels of lighting and landscaping would be such that the site's ecology would be protected. Finally, the proposals are judged to comply with environment policy 2 as the siting of the existing garage within the site and the nature of the proposed works are such that it is judged that the proposals would not harm the character and quality of the landscape. The application is therefore deemed to be acceptable.
Plans/Drawings/Information;
This decision relates to drawings 6296 PL819, 6296 PL820, 6296 PL821(B), 6296 PL822(B), 6296 PL823(C), 6296 PL826(A), and electrical layout drawing B0371/SP/01revB.
_________________________________________________________________ Right to Appeal
Right to Appeal: It is recommended that the following organisations should NOT be given the Right to Appeal: D.O.I Highways - No objection Both the Ecosystems Policy Team and the Minerals and Waste Team are with DEFA, and cannot therefore be given the Right to Appeal.
_________________________________________________________________ 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.
2.0 THE PROPOSAL - 2.1 This application seeks approval to extend and alter the non-historic garage block to the west of the registered building to create a swimming pool for ancillary use with the Bishopscourt dwelling.
3.0 PLANNING POLICY - 3.1 The site is designated as 'Areas of Low Density Housing in Parkland - Existing' and also as 'High Landscape Value and Costal and Scenic Significance' on the 1982 Development Plan. 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
Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
3.3 PPS 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man - 3.4 Planning Circular 8/89 - Low Density Housing in Parkland
4.0 OTHER MATERIAL CONSIDERATIONS TOWN AND COUNTRY PLANNING ACT 1999 Statutory Duty S16 Registered buildings: supplementary provisions
(3) In considering —
5.1 Prior to 2020, there are a number of historic applications 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. 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. Application 25/90285/B permitted the installation of two boreholes, one in the vicinity of the modern garage building. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.
6.1 D.O.I. Highways - No highways interest.
the site levels. Whilst we accept that the finished levels may not change, the drawings show a significant underground excavation and groundworks into new ground to create the new swimming pool which will involve the removal of a significant amount of materials. In this regard we request that this application be supported by a material management plan detailing the material likely to be encountered, information on how the ground conditions have been assessed and the proposed means of exporting the material. This should also include details of the expected quantities involved and confirmation that a minerals agreement will be sought should the Departments minerals be encountered.
Industry (now DEFA) under the Minerals Act 1986 (as amended). They are subject to licencing and a royalty payment on all material being removed from the curtilage of the surface holder's landholding (regardless of if they are being returned to the same landholding).
6.3 DEFA Ecosystems Policy Team 16.12.2025 General Stance No objection subject to condition
Team prior to work commencing. This is in line with sections 9 and 10 of the Wildlife Act 1990. Without the bat survey findings we will be unable to write this method statement.
Potential conditions
9.5.2025 Apologies, on review we can see that the bat access point into the bat loft is on the western elevation of garage, facing away from where the new glass covered swimming pool is to be located and therefore the building of this structure should not directly impact on the bat access point. However, our concerns regarding lighting in this area remain, especially as the mitigation plan for the development elsewhere on the Bishopscourt grounds specifies that lighting to both the front and back of the garage should be minimal, directed away from the roofs, be set to
The Ecosystem Policy Team have two concerns in regards to this application which should be resolved prior to determination of this application:
Potential Conditions Should this application be approved despite this objection, we request that conditions are secured for:
Additional Information The applicant is reminded that it is a legal requirement for a written method statement to be
6.4 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 (12.1.2026).
7.1 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 extend and alter the existing detached garage block to create a swimming pool for use by the host dwelling (Bishopscourt). No physical works are proposed to the Bishopscourt building itself, and as such the statutory test in this instance only applies with regards to the registered building's setting. The existing modern garage block sits a little over 30 metres from the nearest point of the house itself. The garage block is in a form, finish and scale that is judged to be unsympathetic to the setting of the registered building. Whilst the proposed alterations to the building would bring the building's closest point approximately 10 metres nearer to the historic building, the form of the proposed extension, a metal framed conservatory-style structure, is judged to have a mildly Victorian style and is therefore judged to be more sympathetic to the 19th century elements of the this that sit closest to the proposals. The setting of the registered building is therefore considered to be protected and preserved by the proposals within this application.
Policy Tests
7.2 As per section 7.1 above, it is judged that the existing garage block is in a form, finish and scale that is judged to be unsympathetic to the setting of the registered building. Whilst the proposed alterations to the building would bring the building's closest point approximately 10 metres nearer to the historic building (sitting 20 metres away at their nearest point), the form of the proposed extension, a metal framed conservatory-style structure, is judged to have a mildly Victorian style and is therefore judged to be more sympathetic to the 19th century elements of the this that sit closest to the proposals. It is therefore judged that the proposals would protect and preserve the setting of the registered building.
7.3 As an existing building proposed to be used for the enjoyment of the Bishopscourt dwelling, the proposed conversion of the garage block to a swimming pool is in accordance with the site's current zoning as the curtilage of a dwelling within an existing private estate designated for development. In terms of the tests of general policy 2, the existing modern garage block is not judged to respect the design, form or scale of the historic Bishopscourt building. The proposed extension and alterations are in a form that is judged to actually be more sympathetic to the 19th century design and styling of the portion of Bishopscourt that sits nearest the proposed building. With this in mind, the proposals are judged to accord with the tests of general policy 2 in terms of design, scale and form of the site and surroundings. Given
8.1 It is judged that the application meets the statutory test within section 16 of the Act, as the setting of the registered building would be preserved. It is also judged that the application complies with Planning Circular 8/89, strategic policy 4, general policy 2 and environment policy 1 of the IOMSP as the scale, form and design of the proposed extension is judged to represent an improvement on the existing garage block and levels of lighting and landscaping would be such that the site's ecology would be protected. Finally, the proposals are judged to comply with environment policy 2 as the siting of the existing garage within the site and the nature of the proposed works are such that it is judged that the proposals would not harm the character and quality of the landscape. The application is therefore recommended for approval. - 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):
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 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: 21.01.2026 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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