A petition of doleance against planners over an application to redevelop a derelict hotel site has been dismissed.

But the high court found the delay over the application for the Fort Island Hotel was a breach of the legal requirement to decide planning applications as soon as practicable and where possible within eight weeks.

The petition of doleance was lodged by Langness Golf Course Ltd (LGCL) who claimed the planning process has taken an ’inordinate’ length of time.

Fort Island Developments Ltd, part of the Dandara Group, submitted its multi-million pound plans for a new hotel and flats complex more than three years ago.

The application (17/01265/B) is for a 4*-plus hotel with leisure and spa facilities together with 40 residential flats.

Since the hotel closed in 2007, its condition has gradually deteriorated.

’It now represents a major blot on the otherwise spectacular and beautiful landscape of the area,’ Deemster Andrew Corlett said in a judgment.

’Those wishing to play golf on the first-class adjacent course owned by LGCL are met at the first hole with a crumbling ruin which will inevitably detract from the enjoyment of the remainder of the landscape and of the round of golf.’

Dandara says that a residential development is the only way for the commercial case for a hotel to stack up.

Philip Vermeulen, owner of the golf links, believes the eyesore old hotel has materially affected his business. He objects to Dandara’s plan and supports a community leisure facility on the site rather than private flats.

The petition of doleance lodged by his company LGCL against the Department of Environment, Food and Agriculture sought a court order requiring the planning application to be determined within six weeks.

But Deemster Corlett has dismissed the doleance claim.

In his judgment he said: ’The court finds the delay in deciding the application is a breach of the legal requirement on DEFA to decide planning applications as soon as practicable and wherever possible within eight weeks of the receipt of the application.’

But Deemster Corlett said as an objector, LGCL has no right to seek an order DEFA to make a decision within the time requested.

He said there is no legal authority and therefore no legal foundation for making such an order.

The Deemster pointed out that if such an order was made it would put DEFA in an ’impossible situation’ since its decision-making process is dependent on the steps taken by others.

He said the real prejudice to LGCL arises from the long-standing dilapidated state of the former hotel.

’But this will not necessarily be ameliorated by the decision on the planning application, particularly if refused as LGCL would prefer,’ he said.

’If the application for a hotel/residential mixed development is refused, the site may well remain in its current state. If it is granted, there is no guarantee that FIDL will act on the approval.’

Giving evidence in court, Tim Cullen of the Derbyhaven Residents Society spoke of the risk of asbestos fibres being released into the surrounding area.

Deemster Corlett said he was satisfied that the doleance claim must be dismissed.

A way forward has now been provided, said the Deemster, as the planning committee now anticipates to be in a position to consider Fort Island Developments’ application in March this year.