The Local Government Ombudsman, Dr Jane Martin, has found failings in the way Walsall Council handled a planning application for a tyre and exhaust centre.

The Ombudsman also criticised the speed at which the council acted to rectify unauthorised development on some of its own land, as well as posing whether some members of the planning committee should be involved in future decisions on the scheme.

Commenting on her report, issued today, Dr Jane Martin said: “The investigation revealed that the complainants were right to have serious concerns with how the council had dealt with the case, the result of which has caused them undue distress and anxiety.

“Local planning authorities have a duty to the public to properly consider the impact of any proposed development on its neighbours and the surrounding environment, and in this instance Walsall Council fell short of its responsibilities.”

In August 2010, Walsall Council approved a planning application for repair and minor alteration works to an existing garage site next to the complainants’ homes. The way the planning process had been handled triggered a complaint to the Local Government Ombudsman from some local residents.

Acting on the complaint, the Ombudsman decided that the planning application had been incorrectly treated. It should have been considered for a new-build development rather than as being for the renovation of an existing building, which led to a decision being made based on wrong planning policy assumptions.

In addition, an area of public open space to the rear of the site that was owned by the council had been developed as part of the works without authorisation. In 2012 Council members had two opportunities to approve enforcement action against the developer, and in the view of the Ombudsman on both occasions it failed to properly consider the case for action.

To remedy the situation, the council has since advised the developers to submit a new planning application for the scheme and has enforced it to restore a piece of land at the rear of the site, which it had developed without approval, to its former state.

The Ombudsman has also recommended that the council apologise to the complainants, pay financial compensation of £1,500 to both, and consider whether a number of councillors should take part in any future decision making on the scheme in order to restore the complainants’ faith in the planning process.

Report  ref nos 10 008 980 & 10 012 328

Article date: 15 March 2013