BALLASALLA and District Residents' Association has withdrawn from a legal battle over the failed bid to build 257 homes at Crossag Farm because of the costs involved.

The association said high legal costs meant the planning appeal system was weighted in favour of people with money.

Builder J. G. Kelly and Jackson Homes (Southern) have submitted a petition of doleance to the High Court challenging the decision to refuse permission for the proposed scheme.

In January, the £40m mixed housing development was turned down by the Council of Ministers, following the recommendation of an independent inspector, whose criticisms included that the development was 'premature pending the preparation of an area plan' and should be developed as one, not in a piecemeal fashion.

Other criticisms were that it was over intensive and that there was a lack of consultation with residents.

Regrets have also been voiced that the delay will mean a longer wait for badly-needed first time buyer housing and renovated public sector housing.

DLGE Minister John Shimmin said he was 'devastated' at the decision and that it was a setback for the department's housing provision.

The department said it would submit another application similar to the one that was turned down.

In March, J. G. Kelly submitted a petition of doleance over the decision.

After 'much deliberation and soul searching', BADRA has announced it has withdrawn from the process 'because of the cost consequences of these proceedings'.

The association has attended every hearing so far and said: 'In our opinion, this stage of the whole saga has now moved on from planning requirements to the legality of decisions made or not made.'

A spokesman said the association would support Malew Commissioners and offer assistance if required.

'We would like to point out that as things stand at the moment, due to the extreme costs of legal proceedings, inquiries etc, involved with planning decisions, and the fact that there is no assistance from any direction towards costs, the whole system is weighted towards large companies, government departments, and individuals with unlimited funds, therefore excluding the ordinary member of the public from pursuing their legal rights through the system.'

Malew Commissioners believe the proposed estate is 'over intensive' and there was a lack of open space.

They also argued the proposal should have included details on infrastructure to cope with the increased population of Ballasalla, including a primary school and a bypass.

The commissioners want to see housing on the land, but believe the plan was wrong and the infrastructure wasn't in place.

A Department of Local Government and the Environment spokesman said that the department was not supporting the petition of doleance.

When issuing the BADRA statement, association member Eddie Power said the petition was lodged by JG Kelly Ltd and Jackson Homes (Southern) Ltd 'with DLGE support'.

However, a department spokesman said: 'DLGE would not be involved and support the petition of doleance. It is not the department's petition.'


Note:

If I gave the impression that the petition was DoLGE’s than I am only too pleased to apologise, as I am aware that this is incorrect, the petition is in the names of J.G.Kelly and Jackson Homes.
Also I accept as stated that ‘DoLGE would not be involved and support the petition of doleance, this I am also pleased to put right.

Eddie Power
Editor & Committee Member BADRA