The Derbyhaven 'Trojan House' - An Update

As previously reported, the Derbyhaven planning crisis arose when a planning consent for a single house, dubbed the Derbyhaven ‘Trojan House’, was used to push through a plan for an estate of 21 dwellings.  There was no consultation with residents despite the fact that it would increase the number of properties in the village by a factor of a third.  Planning approval in principle (05/02044/A) has already been granted but is now subject to review.

The issue burst into the public domain with an article headlined ‘Residents ready to fight to preserve Derbyhaven’, published in the Isle of Man Examiner on the 18^th April.  The article included the views of residents as well as comments from Graham Ferguson Lacey (the developer) and the DLGE.

However, residents of Derbyhaven were very disappointed with the lack of meaningful responses from the developer and the DLGE to the main issues raised by them.

Specifically, Mr Lacey apparently would not comment on why he reneged on his promise, to the residents, planners, statutory bodies and the public at large, to enter into a Section 18 agreement (of the Town and Country Planning Act), “binding [him] and [his] successors to the provision of one only residential property”.  It is not too late for him to do so – he got the planning permission that he wanted and now residents feel that he should fulfil his side of the transaction.  The fact that he is now quoted as saying that ‘he would be willing to enter into a section 18 agreement or covenant for the 21-home plan’ on the same site is just insulting to them.

With regard to adverse effects on the Area of Special Scientific Interest (ASSI), Mr Lacey states that, “not even a blade of grass of the land proposed for development was within the ASSI area”.  However, documentary proof has been submitted to the DLGE showing that the boundaries of the ASSI as drawn on his plans are inaccurate.  DLGE have stated that their “definition appears to reduce the defined area by around 10 metres”. Manx National Heritage has commented that they were, “concerned that the ecological interest of the adjacent Area of Special Scientific Interest would be adversely affected by such a substantial increase in the residential population of Derbyhaven, particularly if it results in the presence of more domestic cats.”  They went on to “recommend that the Committee refuse the application”.  Even for the single dwelling, DAFF asked, “that there is a buffer strip (10 metres wide) of the existing semi-natural vegetation retained between the ASSI boundary and the garden area of the proposed development site.”

Mr Lacey’s assertion that, “the issue of including first-time buyer homes in the area seemed to be particularly emotive for the residents” appears to be a red herring; as residents would welcome it if Mr Lacey were to use his 2004 planning consent to build a single first-time buyer house instead of a mansion house.

But all the above would have been irrelevant if Mr Lacey and the  DLGE had concluded the Section 18 agreement on which all stakeholders relied.  Antony Hamilton, DLGE chief executive is reported as confirming that ‘planners did not ask Mr Lacey to sign up to one’ but apparently did not offer a reason.  Derbyhaven residents believe that the public deserve an explanation.  Mr Lacey’s Section 18 agreement in draft form with his covering letter of 24^th March 2003 should still be on file, just requiring Mr Lacey’s signature.

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