Poachers Pocket Select Committee.
A delegated powers decision by the director of planning and building control sparked the planning row over a controversial housing scheme at the Poachers Pocket site in Ballasalla.
A Tynwald select committee was told by Ian McCauley that his decision over a planning condition relating to flood alleviation measures would remain a bone of contention.
The inquiry was told Mr McCauley approved the condition following a report from a planning officer. But objectors argued the condition would amend the approved scheme and a fresh application was required.
Mr McCauley told the inquiry: ‘If it had been amended plans I would have required a new planning application. In my judgement it was not new plans’
The inquiry, set up to investigate the Department of Local Government and the Environment’s handling of the application and its apparent failure to advertise changes to the proposal, heard that in November 2005 delegated powers to determine planning conditions passed to the director.
However, he still could defer decisions to the planning committee.
Select Committee chairman Steve Rodan, asked why the unusual step was taken to write to interested parties at the planning inquiry, notifying them that a decision was to be taken.
Mr McCauley said he thought it was done by the planning committee’s secretary to advise them.
Views came from objectors, including some calling for the matter to be dealt with by way of a separate application, he admitted however; the planning inspector concluded the matter could be dealt with by planning condition.
Mr McCauley dealt with the condition under his delegated powers.
Legal opinion later sought by DLGE said the information given under the condition was such as to require a fresh planning application.
But Mr McCauley disagreed.
The committee was told that, in November 2007, Local Government Minister John Shimmin amended the director of planning and building control’s delegated powers so decisions for such conditions for such conditions would go to the planning committee for determination.
Planning committee chairman Clare Christian said Mr McCauley exercised his discretion on the condition.
She said the director may now wish he had passed the matter on to the planning committee, but the outcome may not of been any different.
Mrs Christian said she was confident it had been given the same consideration it would have had it gone before the committee, but in political terms, it would have been easier if the director had referred it back to the committee.
DLGE chief executive Ken Kinrade said the condition went to the heart of the original planning issue and would have been better handled by the way of the fresh application.
Thanks to the Isle of Man Examiner February 5th 2008 for the above report
Our Secretary’s testimony to the Select Committee as reported by the newspapers.
The Poachers Pocket development has been branded a disaster by the secretary of the Ballasalla and District Residents’ Association.
David Allsebrook told the select committee flood protection wasn’t included in the original plans, as the site wasn’t considered a flood plain.
It was only at a rescheduled planning review hearing the developer realised it was a flood plain, and the ideas to address that were largely on his land and not Poachers Pocket’s he said.
‘Everything they did was worse than a nightmare’ said Mr Allesbrook, who added he thought planning conditions for flood alleviation measures would require a separate application and consultation of all parties.
Building up the land behind would make it fairly sound but would have ecological effects as every tree on the site would die he pointed out.
‘From almost every single point of view it’s a disaster and I can’t even begin to understand it’ said Mr Allsebrook.
When the residents association became aware of the amended plans they were asked not to make a submission, but the group submitted its view through an advocate.
‘We are never going to be satisfied ever, ever again with planning conditions,’ said Mr Allsebrook.
The inspector made certain conditions. We had one interpretation of that and the planners had another interpretation.
‘If we are going to change things fundamentally we would expect there to be a new plan.’
Answering a question from chairman Steve Rodan, Mr Allsebrook said he had no problem with the theory of the director or planning being able approve a condition without reference to the planning committee but in this case it wasn’t just a question of flood control, it also had implications for the environment and any neighbouring properties.
Mr Allsebrook said the DoT ‘never had a proper handle on the problem’.
He argued that while the flooding risk where the new houses were to be built would be limited water would run from the site to the existing estate.
Thanks to Isle of Man Examiner February 5th 2008 for the above report.
'At the appeal hearing into this application the inspector drew attention for the need for the premises at the lower end of Silverburn Crescent to be given increased flood protection either before or at the same time as the flood alleviation works were carried out on the Poachers Pocket. Although there has been consultations with the property owners about what needs to be done, and preliminary plans produced nothing has been put in place to protect these properties although the flood prevention measures have been in place at the Poachers Pocket for several months now.
With regard to our withdrawal of a Petition of Doleance , we learned at the Select Committee Hearing that DOLGE had obtained legal advice that the new measures required a fresh planning application. Had we known this at the time it could have altered our decision to withdraw the Petition because of possible legal costs'
Statement from John Welsh as a resident of Silverburn Crescent