PLANNING director Ian McCauley acted 'unwisely' and made an 'error of judgement' in his handling of a housing development in Ballasalla, a Tynwald select committee has concluded.

The committee, which will report to Tynwald this week, was set up to investigate the handling of an application (02/0712) by Ravenhill Resources Ltd to build 22 homes at Poacher's Pocket.

Planning consent was granted and upheld on appeal, but objectors claimed subsequent amendments to the scheme constituted a new application which they believed should have been dealt with afresh by the planning committee.

The changes included the felling of 50 trees on the site, amended flood protection measures and the raising of the level of the whole site.

Instead, the DLGE's planning boss used his delegated powers to approve major changes to the scheme without advertising those amendments or refer them to the planning committee – prompting the objectors to claim they were denied the opportunity to have their case hard formally.

Now the select committee has concluded that Mr McCauley acted lawfully in using his delegated powers but should have referred the matter back to the planning committee.

The committee's report states: 'We conclude that he acted lawfully but in an unwise manner and made an error judgement. The number of objections relating to this planning development made it a highly contentious matter, and one upon which the planning committee should have taken the decision.'

It adds: 'We do not wish to suggest that the director acted unfairly or was biased towards any party but to refer the matter back to the planning committee would have removed any perception of there being any unfairness or bias.'

The report makes it clear that the committee does not have the power to reverse or amend the planning approval and it was not in its remit to comment on the merits or otherwise of the developer's plans.

A series of recommendations are outlined in the committee's report which an independent review of the planning process, currently under way, is urged to consider.