Summary: Mr G complains the Council failed to consult with Sport England, before approving a planning application for development next to the home ground of a cricket club he represents. This meant the development was constructed without measures to mitigate the risk of damage from cricket balls.
The Ombudsman upheld the complaint and found fault causing injustice.
To remedy the injustice identified in this report, we recommend the Council:
- meets with the club to agree the most appropriate ball-strike mitigation measure. The agreed solution should be of adequate height and length to protect the new development, in accordance with the trajectory report. Once agreed, it is for the Council to seek the most cost-effective quote for the work. However, it should ensure the work is complete before the beginning of the 2020 cricket season.
- offers to reimburse the club for its cost in commissioning the trajectory report.
The Council has agreed to the above recommendations. However, we also recommend the Council:
- agrees to bear financial responsibility for future maintenance of the fence. It is for the Council and club to determine the best way to implement this, but the agreement should be made in writing by the time the fence is completed.
- offers to reimburse the club for its costs in hiring an alternative venue.
Ombudsman satisfied with Council's response: 24 July 2020.