Cornish council criticised over house consent

Councillors on Caradon Council wrongly granted permission for a house outside the area approved for development in the local plan, the Local Government Ombudsman has concluded.

The watchdog intervened after a couple complained about the way the council granted a planning permission for a new dwelling on land outside the area approved for development in the local plan and next to a field they used as a caravan site.

The applicant was a mobile mechanic who already owned a house in a nearby village. His original application was refused on the grounds it could only be allowed if it was essential for an agricultural worker.

He submitted a second application after the Government relaxed the rules to allow dwellings for those engaged in agriculture-related businesses. However, the revised policy retained a "functional test" whereby the applicant must demonstrate it was essential for him or her to live there. The second application was successful after it was approved by 16 votes to 15.

The Ombudsman said that the councillors had misdirected themselves in approving the plan. The watchdog pointed out there was no particular need for the applicant to live on that site as he was already housed within the area his business served. The Ombudsman's report concluded that if members had given proper consideration to the functional test they would have refused the application.

As a result the watchdog found maladministration causing injustice and recommended the council should ask the District Valuer to carry out a valuation of the couple's home before and after the new housing scheme was completed.

The council has been recommended to pay the couple the difference between these valuations plus £250 for their time and trouble in bringing the complaint.

Read the Local Government Ombudsman news story

Roger Milne

1 May 2008