Summary: We have found no fault with how the Council handled a planning application on land adjacent to a sports ground. It was not required to consult Sport England on the application.

The complaint

1. Mr X complained the Council did not consult Sport England on a planning application for a housing development adjacent to the cricket club.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

4. I have considered Mr X’s complaint and have spoken to him about it.
5. I have also considered the Council’s response to Mr X and to my enquiries as well as relevant planning documents.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Legislation and guidance

7. The Town & Country Planning (Development Management Procedure) Order 2015 covers some of the mandatory requirements that all planning applications must have as well as describing situations where there are elements of discretion.
8. For major applications (like the one central to Mr X’s complaint), the Council is required to publicise the application by neighbour notification, site notice and publicity in the paper.
9. The publicity requirement for consulting Sport England is not, unlike neighbour notifications, a requirement in all circumstances. It does not automatically require consultation where an application in next to a sports ground. The legislation requires the Council to make a judgement whether, in its opinion, (not the opinion of Sport England or any other party) a development is likely to prejudice the use of lead to the loss of use of a playing field (includes cricket pitches).

What happened

Background

10. In September 2022, the Council received a planning application for a housing development on land near the local cricket club.
11. The Council publicised the application and consulted a range of bodies, including the cricket club. The cricket club said it did not receive the consultation notification and therefore did not submit any representations for or against the proposal.
12. The Council did not consult Sports England as it did not consider the application likely to prejudice the use, or lead to the loss of use, of land being used as a playing field.
13. In response to my enquiries, the Council said the proximity of the cricket club to existing residential properties has not been an issue and these properties are closer than the proposed development. It said furthermore, there was a band of trees between the cricket club and the proposed development site that would act as a barrier.
14. Mr X said the club does have problems with existing properties. He said the club made two insurance claims for ball strike damage to property in 2024. He also said the trees do not act as a barrier as the balls can pass through the branches.
15. The Council approved the application in 2023 subject to conditions.

Sport England contacted

16. When the Council was considering the discharge of conditions attached to the 2023 permission, it wrote to Sport England for comment.
17. Sport England raised concerns about drainage and the potential increased risk of flooding. It also advised that a ball strike assessment be undertaken. Sport England highlighted that it would have requested this during the original application process if it had been consulted.

Variation of Condition application

18. In March 2024, the Council received an application to vary conditions attached to the 2023 permission. These mainly related to the type of construction materials to be used.
19. The cricket club objected to the application on the grounds of removal of trees and vegetation, maintenance access, location of bird and bat boxes in relation to ball strike and the potential increased flood risk.
20. Sport England objected on the grounds of the risk of flooding to the cricket ground, concern regarding the operation and maintenance regimes and the risk of ball strike.
21. The Council addressed the concerns in the planning committee report, balancing them against other material considerations. The Council approved the application.

Post application

22. In response to my enquiries, the Council showed the relationship between the application site and the cricket club. Then, using industry standard ball trajectories, it calculated what the parameters of a ball strike assessment would suggest. The Council said with this knowledge, it would reach the same decision that the relationship is not one that would be likely to prejudice the playing of cricket and hence no consultation would be required.

My findings

23. The Council was not required to consult Sport England as part of the original application. The legislation required the Council to make a judgement whether, in its opinion, the development was likely to prejudice the use of or lead to the loss of use of the cricket field.
24. The Council said it made this judgement at the time and as a result, did not consult Sport England. I have seen no written record that the Council considered whether it needed to consult Sport England. This does not mean it didn’t happen.
25. On balance, I consider the Council reached its decision without fault.

Back to top

Final decision

26. I have completed my investigation. I have found no fault with how the Council handled a planning application next to a cricket club.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman