J G Kelly and Jackson Homes (Southern) have lodged an appeal against a judgement handed down by acting Deemster Sullivan in December 2008.

They are seeking to overturn her judgement and also have the decision of the Council of Ministers (COMIN) - to refuse planning permission for 257 homes at Crossag Farm, Ballasalla - quashed.

They have listed 7 grounds for appeal but the essence of their case is: COMIN misunderstood their role as a decision maker of first instance in determining Department of Local Government & the Environment (DLGE) planning applications - as they had considered themselves constrained by the Manx National Heritage judgement, when in fact it did not apply to this application as it was not an appeal - and so COMIN failed to take into account matters which they should have when making their decision. Therefore, the acting Deemster, having established the two cases were different, erred in not quashing the COMIN’s decision and remitting it back to them to reconsider; so they could make their decision based on the correct process and information.

A spokesman for the Ballasalla & District Residents Association (BADRA) said they are disappointed by the decision but remain hopeful that the appeal will fail.

At a preliminary hearing on the 30^th January it was ordered that the Appellant serve, by no later than 23^rd February, on the DLGE, COMIN, Malew Parish Commissioners and the individual third parties a record of the proceedings and a skeleton argument and authorities in support of the appeal.

 The respondent, COMIN, have been given to 9^th March to reply and all other parties until 16^th March; and the case has been set down to be heard on 1^st April 2009.

Footnote: The Manx Herald has received reports that the appeal has now been withdrawn. When the Herald contacted JG Kelly for confirmation we were informed the MD wasn't available so it couldn't be confirmed.