Local Government Ombudsman

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Caradon District Council (06B06121 + 5 others)

Planning applications                 Maladministration causing injustice

29 March 2007

There were flaws in the way Caradon District Council granted planning permission for a garage and boat store on a cliff top on a Heritage Coast that was also designated a Conservation Area and an Area of Outstanding Natural Beauty (AONB). The Ombudsman finds that the Council “… failed to safeguard the quality of the AONB…”. He says “The Council is the guardian of environmental quality in this especially valuable tract of coastline,” and concludes “… a less environmentally obtrusive building would have been permitted had things been done properly.”

‘Mr Ford’ (not his real name for legal reasons) and a number of neighbours complained that the Council failed to consider its policies and the law when it gave planning permission for a garage/boat store on a cliff top. The area has a number of special designations, being a Conservation Area, Area of Outstanding Natural Beauty and Heritage Coast. The views from their homes and from public vantage points were spoiled by the development, causing them justifiable outrage.

The investigation showed that councillors were not properly advised and so not all of them considered the requirement for a Conservation Area, to pay special attention to the desirability of preserving or enhancing the character or appearance of the area. They did not appreciate that the building would be highly visible from a protected fishing village and coastal paths. The Council’s decision was flawed because it failed to take into account these material considerations.

Councillors also decided that the appropriate conditions to be applied should be delegated to the Head of Planning in conjunction with Ward Councillors. The Council issued the decision notice without contacting Ward Councillors about the conditions.

The Ombudsman finds maladministration causing injustice and recommends that the Council should:

  • if the building remains, use its best endeavours to negotiate with the owners to provide native plant screening and a change to the colour of the building, at the Council’s expense;
  • apologise to the complainants;
  • pay £250 to Mr Ford (The Ombudsman considered the publication of this report to be sufficient to remedy the injustice of the other complainants); and
  • review its process for delegated decisions to ensure officers contact Ward Councillors.

Date Updated: 16/01/09