Diversion of a public footpath has raised concerns about the consistency of planning policy.

Tynwald approved the order to divert the path at Santon despite claims that it ’drove a coach and horses’ through procedures as it was the result of works carried out without planning approval.

But calls for a scrutiny committee inquiry were rejected with MHKs insisting it would achieve nothing.

The footpath in question links Arragon House to the Raad ny Foillan, passing Meary Voar on the way.

Infrastructure Minister Ray Harmer told Tynwald that his department had received a request from the owner of Meary Voar to divert the footpath.

This was deemed acceptable, he said. It was ’more commodious’ than the route it replaced. The diverted path follows a route already established and which has been in use since at least 2006.

But objections to the proposed diversion were received including from Santon Commissioners.

A local inquiry was convened to investigate and the inquiry inspector recommended that the diversion order be allowed.

Calling for the matter to be referred to a policy review committee, Daphne Caine (Garff) questioned the legality of the proposed order.

She said the proposed new section of public right of way resulted from the landowner’s unauthorised construction of a dam, expansion of the house, the opening of a quarry and the creation of a large lake.

All required planning permision but none was granted, she told Tynwald.

Legal procedure

A retrospective planning application was made in 2013 but subsequently withdrawn.

’I get the impression the Minister sees this as a tidying up motion for a footpath that has already been relocated,’ she said.

’Why have a legal procedure for moving public rights of way if the department responsible is happy to drive a coach and horses through it if expedient to make good the quagmire of previous administrations.’

Mrs Caine said the significant landscaping of the area involved a stream being dammed and three ponds being formed into a single large lake. She said: ’Consistency in the application of planning policy is essential. So many questions remain unanswered over how part of our coastal landscape was remodelled with no approval and no sanctions.’

Tim Crookall MLC said: ’So finally after 11 or 12 years unfortunately the DoI have given in.

’He just built a quarry, dug the lakes, moved the public right of way. He thought that was okay and thought it could get away with it.’

Martyn Perkins (Garff) urged members to support the amendment or vote against the order.

Tim Baker (Ayre and Michael): ’What are you achieving it by voting it down? This is done. We don’t like it. We’ve got to move on. Nobody is defending what’s happened in the past.’

Clare Bettison (Douglas East) said the policy and review committee should not be investigating a very specific single issue. The amendment failed to carry and the motion was voted through by 17 to three in the Keys and six votes to three in LegCo.