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By Aaron Ibanez - Local Democracy Reporter

Government hoped its changes to planning inquiries could free up a backlog of appeals, but the proposal to allow submissions only in writing was thrown out in Tynwald this week.

 

The amendments moved by Environment Minister Geoffrey Boot, designed for use during the emergency period, sought to remove the current requirement for face-to-face hearings.

 

It was branded as a prevention of transparency by critics who say it removes the right to freedom of speech.

 

‘This is about a fair process’ said Central Douglas MHK Chris Thomas, whose vote against the move led to his dismissal from the Council of Ministers.

 

‘The order before Tynwald (26 May), would have stored problems in the future.’

 

The vote, which saw just a third of members in favour of the changes,  was ‘a damning indictment of what was brought forward’ according to the former policy and reform minister.

 

‘Tynwald shines in glory over this decision, because members got into the heart of some difficult issues in law, some difficult issues in digital technology and they voted accordingly.

 

‘It’s not an issue of national importance and emergency in a sense that a decision needs to be rushed. This needed more consideration.’

 

Using emergency powers to change planning law was ‘completely innapropriate’ and could have been altered with regular legislation he adds.

 

The changes would have applied to what is currently 27 outstanding appeals, a number which is made up of domestic applications, but also includes the major housing development on Castletown’s Victoria Road and the sewage treatment plant for Peel.

 

The newly appointed chair to the planning committee says the backlog is something they ‘would like to get on top of as soon as possible’.

 

Martyn Perkins, who is just over a week into his role, says the defeated changes will be discussed at the first meeting of the committee next week.

 

‘We want to deliver a fair and equitable system enabling all parties to have their views put forward.

 

‘And obviously the will of Tynwald is that we go and have another look at it.’

 

One of those glad of the CoMin defeat was Patricia Newton, a planning consultant with 20 years experience.

 

She says the proposed changes ‘horrified’ her adding they wouldn’t have sped up the appeals process.

 

‘Written representations would mean a further exchange of correspondence to allow people to rebut the other party’s statements.

 

‘And that allows for an additional few weeks to be added to the length of time for written representation procedure.

 

‘Inquiries and appeals depend on people having the right to speak at them as an alternative to written representation.’

 

She also believes that ‘a hefty charge’ levied by government on the price of appeals (£375)  whether hearings or submissions in writing, adds to ‘the loss of right to freedom of speech.’

 

With Tynwald sitting virtually for the last two months, Mr Perkins says it shouldn’t be ‘insurmountable’ for inquiries to be chaired via video conference too.

 

And while there was no provision in the now thrown out proposals for inquiries to sit virtually, he says ‘there is a possible technological answer to it, but we’ve got to make sure it’s absolutely bulletproof.’

 

For Ms Newton, she believes an online conference could be accommodated.

 

‘The inspector could be in one place and linked up to the individual parties who’re in separate rooms.

 

‘I’m sure government could supply those rooms and rig up them up with the appropriate communications

‘I say rig up, I hope that’s not an unfortunate pun.’

 

Planning inspectors have been granted key worker status however, and will be exempt from border restrictions.

 

Though a problem for the committee, according to its chair, is that the four inspectors who ‘know the Isle of Man’ are unable to travel for personal reasons.

 

With the economic situation in the minds of the committee members, Mr Perkins now believes the focus should be ‘getting our economy back on track and it’s important we give that due consideration as soon as possible.’

 

‘The proposals were only meant to last as long as the coronavirus period was in place’ the Garff MHK added.

 

‘So we intend to get back to normal as soon as we possibly can.’

 

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