The Local Government Ombudsman
PO Box 4771
Coventry
CV4 0EH
Dear Sir,
Re: Appeal regarding Change of use of land to use as a residential caravan site for one Gypsy family with 2 No. caravans (including no more than 1 No. static caravan/mobile home), laying out of hardstanding, construction of access and erection of ancillary utility building
I am writing to ask you to review the procedural failings of the above and dereliction of duty of Newark and Sherwood district council with regard to planning application and appeal APP/B3030/W/19/3225352 As a result of this the Appeal was won by the Appellant.
The site in question has previously had planning requests rejected for a number of reasons, namely the only access available is on a rise and bend where visibility is poor, the site is on the outskirts of a rural village, outside of the village envelope and is agricultural land surrounded by farming land and no utilities are connected. Please see letter from Boyer Planning. (Attachment 1)
The Highways agency had already rejected the application due to safety concerns, however an appeal was eventually lodged. Although Bathley council were informed by letter that there would be a hearing, we were subsequently informed verbally by NSDC that the hearing had been downgraded to an informal meeting and that NSDC would not be using their representative contrary to what the Parish Council had been told.
As a result of this we did not have a QC or legal representation of any type from NSDC. The last minute attendees did not have even basic knowledge of the case or location and were unable to answer the questions put forward by the appellant’s QC. In view of this a postponement should have been requested by NSDC. Following the appeal, we requested that the hearing be reheard but the planning inspectorate rejected this request.
A letter has been provided to the Secretary of State from Cllr Saddington and Bathley Parish Council which also acknowledges the catastrophic failings of the council and their failure to apply appropriate and commensurate procedures both prior to and during the course of the hearing. (Attachments 2 and 3) We have also been made aware of further residents complaints to the council and attach an example (Attachment 4)
The council have already admitted their failings and agreed that they were ill-prepared, lacking in knowledge of the case and unaware of material details (even basic details of the case). They did not provide appropriate legal representation and several of their members left during the course of the hearing.
Bathley parish council have complained to the NSDC and received extensive apologies from several parties (Attachments 5 and 6) However we consider their responses to be unsatisfactory as their failure to perform their duty appropriately has led to the overturning of a rejected planning application which had been rejected on SAFETY ISSUES. This is clearly a matter of great concern for the local residents – particularly young children and the elderly whose safety has been put at risk as a result of this negligence.
I therefore request that you review this case and I would be happy to provide any additional information that you might require.
The attached documents evidence the importance of review.
The appeal was upheld.
I look forward to hearing from you.
Yours faithfully
Sally Grogan
Attachments:
1) Letter of facts of case to Planning Inspectorate from Boyer Planning
2) Letter from Cllr Saddington to Secretary of State
3) Letter from Bathley Parish Council to Secretary of State
4) Letter from resident
5) Responses from NSDC
6) Responses from NSDC