Ombudsman criticises council for lack of transparency in planning decision

The Local Government Ombudsman has criticised a council after members of its planning committee approved an application against an officer's recommendation but failed to give reasons for doing so.

The decision by Erewash Borough Council related to an application for a development in the Green Belt. The applicant wanted permission to extend his bungalow by adding a first floor and garage extension.

The complainants to the LGO were neighbours of the site, which was on the edge of a village.

They submitted a number of complaints, including that the initial application was not advertised properly, and that members did not give any reasons for granting planning permission.

In its report, which can be viewed here, the Ombudsman upheld these complaints, but did not uphold some others.

The LGO found that Erewash posted a site notice, which notified adjoining neighbours and the parish council, but did not advertise it in a local newspaper as a departure from the local plan.

A planning officer recommended refusal because the proposed extensions were disproportionate to the size of the original building and would increase the building’s prominence.

The officer’s report to the committee included details of the neighbours’ objections and those of the local parish council along with representations from the applicant and his agent.

Following a site visit, members decided to approve the application against the officer’s recommendation. However, no record was made of the reasons for their decision.

The LGO has recommended Erewash BC:

  • apologise to the neighbours for failing to publicise the application as a departure from the local plan and for also not giving reasons for the decision to grant planning permission. “The council should recognise that residents will now be uncertain of what the outcome might have been but for the council’s fault”;
  • review its working practices and procedures regarding how it makes and records the reasons for its decisions; and
  • provide training to members on giving proper reasons for their decisions.

Dr Jane Martin, Local Government Ombudsman, said: “For people to have confidence in the local planning system, decisions must be made in as transparent a way as possible. This includes making records of the reasons for those decisions.

“This is particularly important when members decide against planning officers’ recommendations. Without written reasons people who are affected by a decision cannot know exactly what has happened or feel reassured that decisions were taken fairly.

“I now urge Erewash council to provide the remedies I have recommended and improve its practices and procedures to ensure people can have faith in its planning decisions.”