DEC Officer Report

Application No.: 21/01297/B Applicant: Mr David Giroux Proposal: Proposed land drains (French drains) on the external perimeter of the Chapel of St. Nicholas and along the exterior of the west wall of the Wash House wing. Site Address: Bishopscourt Mansion House Bishopscourt Kirk Michael Isle Of Man IM6 2EZ Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.08.2023

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.

• C 2. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to and approved in writing by the Department in consultation with Manx National Heritage. The programme of archaeological work shall be fully implemented in accordance with the approved written scheme of investigation.

Reason: The information is required prior to development commencing as the site is of known archaeological potential and it is important that archaeological remains are appropriately recorded prior to their damage or destruction by the development in accordance with Environment Policy 41 of The Isle of man Strategic Plan 2016.

• C 3. Prior to the commencement of any works hereby approved, an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to

design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should address:

• 1. Preparatory works for new landscaping
• 2. How the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection
• 3. Post landscape maintenance 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.

This application has been recommended for approval for the following reason. The works are considered necessary to preserve the registered building and are acceptable.

Plans/Drawings/Information;

This decision relates to the following information and drawings; Location Plan 6296 PL01-A Site Plan Park 6296 PL02-A Site Plan House 6296 PL03-A Typical Land Drain Detail DN 20-167 55 PROPOSED PLAN FOR GROUND LEVELS AND FRENCH DRAIN 6296 PL350-B French Drain and Levels Elevation PL351 Hutton+Rostron INVESTIGATION OF DAMP PROBLEMS August 2023 Wessex Archaeology, Archaeological Evaluation Ref: 260210.03 August 2022 PLANNING & HERITAGE STATEMENT October 2021 PLANNING STATEMENT ADDENDUM February 2023

_______________________________________________________________ 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, parts 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 planning approval to carry out Proposed land drains (French drains) along the exterior of the west wall of the Wash House wing and reduce the ground level on the external perimeter of the Chapel of St. Nicholas.

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 41

- 4.0 PLANNING HISTORY

4.1 There are a number of historic application at the property that are not judged to be relevant to the current application. In 2021 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. - 5.0 REPRESENTATIONS

5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (19.11.21).

5.2 DEFA Ecosystem Policy Team stated that there are no known ecological constraints with regard to this application (21.12.21).

• 5.3.1 DEFA Forestry have stated, Drawing Number 6296 PL350 shows the proposed drainage around the property and also indicates the canopy of an adjacent yew tree. This tree is a large, mature specimen of good form and in good condition. The trees may be 250-300 years old, so it has historical value and would likely be scored as a category A tree (sub Category 3 - Trees of historical, commemorative or other value). For this reason, I would recommend that additional information is requested on how the tree will be protected during the proposed works. This tree has the potential to live for another 500 years (easily), but for the tree to be successfully retained in the long term it is critical that damage to the roots is minimised, conditions were recommended should the application be determined and approved (13.12.21).
• 5.3.2 DEFA Forestry after revised plans commented that, after visiting the site they found a nice matt of fibrous roots approximately 30mm below the surface of the gravel, so we will have to accept that there will be a small degree of impact to the tree if this application is approved. Despite the minor potential short term root damage, it could mitigate it by improving the surrounding soil on the lawn by aeration and appropriate aftercare after the works have been completed by ensuring the area is watered when in drought and agreed that a monitoring condition would be suitable requiring prior approval of an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), that should address:

• 1. Preparatory works for new landscaping
• 2. How the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection
• 3. Post landscape maintenance (21.06.23)

• 5.4.1 Manx National Heritage (MNH) stated they had concerns regarding the proposals for the following reasons; the potential archaeological impacts of installation of drains of these types, weather any pipework would be tailed into any existing rainwater drainage infrastructure and or require the excavation of additional drainage trails. The current proposals have insufficient detail in the drawings and no archaeological field evaluation and therefore the potential harm cannot be assessed and cannot be supported (05.01.22).

• 5.4.2 MNH stated the following in relation to the revised proposals and submitted archaeological assessment. They were supportive of the proposals to reduce the ground level around the chapel to address damp issues within the building but have concerns regarding how this will be achieved in 2 localised areas and recommend that the works be undertaken as an archaeological exercise. They agree that the removal of the recent gravel build up south-west of the wash house should be removed and the old surface drain identified in test pit 2 should be uncovered and recorded in its full length before removal. Their concerns can be resolved by securing a condition for archaeological works. (21.03.23)

- 6.0 ASSESSMENT

6.1 The principal issues with the application are whether the proposals would affect detrimentally the building's special interest, its setting or and would affect adversely the character of the surrounding landscape or impact upon potential archaeology.

6.2 The building is suffering from damp in two wings, the chapel and the former Wash house, the applicant has sought the advice of a suitably experienced structural engineer who has recommended the revised proposals, after archaeological trial trenching, the works have been revised in relation to the chapel, which now proposed to reduce the ground level to specific points instead of installing a French drain. A French drain is still proposed to address the damp with the former wash house as well as lowering ground levels in this location.

6.3 MNH had raised concerns regarding the proposed works and potential impact upon archaeology associated with the building and its use. The applicant subsequently undertook archaeological assessment and amended plans based on their expert advice. The subsequent information and amendments have addressed MNH's concerns, who are supportive of the need to address the damp issues within this important registered building. A condition will be added requiring details of the proposed archaeological work as advised by MNH. - 6.4 DEFA Forestry have raised concerns regarding the proposed work's potential to impact upon a category A 300 year old Yew tree but after undertaking a site visit are content that the works in relation to the chapel can be the subject of a condition requiring prior approval of an Arboricultural Method Statement that could address any potential impact upon the category A Yew tree. - 6.5 It is considered that the works are required to preserve the registered building and that any potential impact on the Yew tree and potential unrecorded archaeology can be mitigated and controlled via appropriate conditions.

- 7.0 CONCLUSION

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 is being preserved along with its setting. The application is also judged to meet the tests of general policy 2, strategic policy 4, environment policy the IOM Strategic Plan 2016 as the building is being preserved and the proposals do not adversely affect the character of the surrounding landscape. It is therefore recommended that the application is approved. - 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: 08.09.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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