The outgoing Infrastructure Minister has issued a ‘sincere and unreserved’ apology to residents over failings related to a flood defence scheme in Laxey.

Tim Crookall’s statement came after the Tynwald ombudsman found the Department of Infrastructure’s flood management division guilty of maladministration.

His finding was in relation to a large concrete riverside patio structure built at a cost of £30,000-40,000, and without any formal record of approval, at the back of a property on Victoria Terrace on Glen Road.

It replaced a small unobtrusive wooden platform deck and now encroaches the neighbour’s boundary.

In a statement issued to Tynwald members, Mr Crookall said: ‘At the outset, I acknowledge the distress, inconvenience and disruption this matter has caused.

‘The department accepts that the works placed residents in a difficult and uncomfortable position.

‘The concerns raised by the complainant and neighbouring residents, including privacy, amenity, neighbour relations, planning regularisation, enforcement risk and confidence in departmental processes, are understood.

‘For the avoidable distress and tension caused, I offer a sincere and unreserved apology on behalf of the department.’

Mr Crookall acknowledged that the works should not have proceeded in the manner that they did.

He said the wider Laxey flood alleviation scheme, developed following the devastating floods of October 2019, remains important.

But he said this did not remove the DoI’s responsibility to follow the statutory, planning, environmental and financial rules expected of others.

‘Public bodies must be able to demonstrate that they meet the standards they expect of residents, contractors and landowners. In this case, the department fell short of that standard,’ he said.

The issue arose when the approved design and construction approach for the river wall at the rear of Victoria Terrace was changed during construction.

A replacement structure was built as part of the flood wall works, but it differed from the approved planning drawings and was not covered by the existing planning permission.

The Minister said this change should have triggered a formal pause, review and amended planning approval before works continued - but instead, the DoI was left seeking to regularise the position retrospectively.

‘That should not have happened,’ he said.

A retrospective planning application was not approved.

Mr Crookall stressed that the failings related to the department’s processes and decisions, and not to the homeowner.

He said his department accepts responsibility for working with the owner, planning enforcement officers and others to identify and implement with urgency a ‘lawful and practical remedy’.

The proposed way forward is to remove the existing patio structure down to riverbed level and construct a new wall in line with the approved flood wall design.

Before works begin, a condition survey will be undertaken of the properties and grounds that could be affected.

The DoI will make good any damage caused.

Work will begin in June 2027.

The DoI said affected residents will not be left financially disadvantaged. Any associated costs, inconvenience and other impacts will be considered ‘fairly, consistently and with sensitivity’, the Minister said.

He said the department has implemented the ombudsman’s recommendations arising from the case.