LGO attacks council for mishandling planning application for tyre centre

The Local Government Ombudman has rounded on a council for its handling of a planning application for a tyre and exhaust centre.

The LGO, Dr Jane Martin, also criticised Walsall Council for “unacceptable delays” and suggested that certain councillors should be removed from future decision-making relating to the site in question.

The case centred on Walsall’s approval in August 2010 of the development of the centre next to the complainants’ homes.

However, according to the LGO, the local authority incorrectly treated the application as being for an existing use on the site, as opposed to a new development. As a result the council did not consider the application against relevant planning guidance.

The Ombudsman’s report found that in 2012 Walsall members had two opportunities to approve enforcement action against the developer for the unauthorised new development.

“On both occasions they failed to consider properly the case for enforcement,” it said. “As a result of the above the council decided not to take enforcement action against the developer, subject to the developer entering a legal agreement.”

The LGO said it could not be concluded that the outcome would have been different but for the council’s failings.

“But the complainants were caused injustice in the form of uncertainty about whether the outcome might have been different. In addition they will have a justifiable sense of outrage at how the council handled these matters and were put to unnecessary time and trouble in pursuing their complaints.”

The Ombudsman also found that there was “unacceptable delay” in Walsall carrying out an enforcement investigation at the site and in seeking restitution of public open space which was developed without permission.

Dr Martin found maladministration causing injustice.

To remedy this, Walsall has already taken enforcement action to ensure public open space that had been developed without approval is restored to an acceptable condition.

The council has also reminded the developer of the need to submit a fresh planning application for the proposed use of the building on the site.

Walsall will also apologise to the complainants and pay them £1,500 each by way of compensation.

In addition it will consider whether certain councillors should take part in any decision-making for any application for use of the building on site.

This is “in order to restore [the complainants’] confidence in the planning committee’s decision –making”.

Dr Martin said: “The investigation revealed that the complainants were right to have serious concerns with how the council had dealt with the case, the result of which has caused them undue distress and anxiety.

“Local planning authorities have a duty to the public to properly consider the impact of any proposed development on its neighbours and the surrounding environment, and in this instance Walsall Council fell short of its responsibilities.”