Summary: Mrs X complained the Council failed to properly protect bats and require the developer to provide compensation for biodiversity loss when it approved a planning application for a housing estate on land near her home.

Findings

The Ombudsman upheld the compl;aint and found fault causing injustice.

Recommendations

To remedy the injustice caused,  the Council has agreed to:

• apologise to Mrs X for its failure to properly protect the natural environment near her home;
• provide us with the outcome of its review of its section 106 procedures;
• remind officers and members involved in planning matters:
  • that planning decisions should not be made until they have all the information necessary to make their decisions;
  • that planning case officer reports should include sufficient details about significant material planning considerations, so it is clear from council records that decision-makers are properly informed, and decisions properly made;
  • that when planning officers disagree with the recommendations and advice of statutory consultees or others with relevant expertise, to ensure there is a record of their reasons for disagreement on the planning file. We would normally expect this information to be included in the planning case officer report; and
  • of details of its revised section 106 procedures that should ensure its decisions and intentions are carried out through planning conditions and planning obligations;
• pay £1,000 to Warwickshire Bat Group to enhance or promote the environment for bats; and
• in consultation with the ecology service, provide 8 to 10 suitable hibernation bat boxes on land within its control.

Ombudsman satisfied with Council's response: 20 September 2021.

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