Tynwald Select Committee finds that the Director of Planning and Building Control made ‘errors of judgement’ on two counts

The Committee, established by Tynwald in October 2007, to investigate matters relating to the controversial Poacher’s Pocket development, in Ballasalla, has published its report; which is due to be debated at this month’s sitting of Tynwald.

The 84 page report highlights several administrative ‘errors’, within the planning division of the Department of Local Government & the Environment (which probably will not come as a surprise to many Manx Herald readers), that helped to exacerbate an already highly acrimonious ‘dispute’ involving local residents, the developer and the DLGE.

The ‘erroneous’ use of the term ‘planning committee’, in place of ‘planning authority’, was found to have, in all likelihood, “seriously misled the objectors” into thinking that the approval of certain planning conditions would have been determined by the planning committee; and not the Director using his delegated powers.

However, the Committee could find no evidence that the objectors were informed that a decision had been made - that allowed the matter to be determined as a planning condition, by the Director using his delegated powers - or what was the outcome of the decision.

For these failures, to inform the objectors, the Committee found that it had amounted to a “serious administrative lapse”.

More seriously, the Committee found that Ian McCauley, the Director of Planning & Building Control, although he had acted lawfully, he had committed “errors in judgment”.

Firstly, by not using his discretion to refer back to the planning committee the determining of the “highly contentious issue” of the flood mitigation condition.

Secondly, by not appreciating, at the time, that having represented the planning committee, at an earlier stage in the planning process, he could be perceived, by the objectors, as being potentially biased in his determination of the planning condition; and not stepping aside from making the decision.

The Manx Herald believes that this latter point, yet again, demonstrates the continuing failure of ‘government’ to get a grip on the issue of conflicts of interest; and the elimination of potential bias in administrative decision making involving the citizen and the state.

The Committee has made six recommendations, in its report, which include: allowing parties to address the planning committee at public sittings, that the planning committee must determine all ‘major’ planning conditions or when there has been ‘serious objections’ to the proposals at earlier stages.