Ombudsman in stern rebuke to councillors
A PLANNING committee chairman has been severely criticised after he used his casting vote to approve plans submitted by a friend and colleague.
Three other members of Harrogate Borough Council, including its deputy leader Coun Richard Cooper, are also criticised over the matter following a full investigation by a Local Government Ombudsman.
In her findings, released this week, Anne Seex ruled there had been 'maladministration leading to injustice' over the granting of planning permission to Coun Margaret Atkinson to build on a field opposite her home in Kirkby Malzeard.
Her outline application for a dwelling to replace an existing caravan had been recommended for refusal by officers, but was granted permission on the casting vote of the then planning committee chairman, Coun Nigel Simms, who represents Mashamshire on the council.
Two other members of the committee – Coun Les Ellington and Coun Elwyn Hinchcliffe – also supported the application.
Coun Atkinson is exonerated in the report of any wrong-doing over the planning issue. She declared an interest at both meetings where the application was discussed and left the room, but a complaint was subsequently made alleging that she and Coun Simms were friends.
In her conclusions, Ms Seex says the only councillors who should have considered, and voted on, the application were those whose relationship with Coun Atkinson would not lead a member of the public to think that their decision, because of that relationship, would be biased.
She found the association between Coun Simms and Coun Atkinson was not confined to council business, with church functions, political events, village gatherings and mutual friends bringing the two families together, on average, once a fortnight.
"Coun Simms, whose casting vote was decisive in Coun Atkinson's favour, had a clear prejudicial interest and, by failing to acknowledge and declare it, he breached the Code of Practice.
"Without Coun Simms' votes, Coun Atkinson's application would have been defeated. The involvement of Coun Simms in both decisions was maladministration."
The application had been recommended for refusal by planning officers because the site is within the Niddderdale Area of Outstanding Natural Beauty (AONB), where the presumption is against development unless it can be shown to be necessary in that location.
"It is apparent that reasonable weight was not given by Couns Ellington and Hinchcliffe to the material policies whilst they gave substantial weight to considerations of, at best questionable relevance to an application for development in the AONB," says the Ombudsman, who also rules maladministration in their case.
Coun Richard Cooper, current deputy leader of the council who was cabinet member for planning at the time, also comes in for criticism.
As cabinet member for planning, he had a duty to comment on the proposal. Ms Seex says: "He relieved himself of this duty because, he says, Coun Atkinson had a vote in a contest he had entered for a position carrying a financial allowance (deputy leader) and a member of the public might perceive this as likely to colour his judgment."
Ms Seex says, while in many circumstances the wisest course of action would be to withdraw, "in this case the failure to uphold and champion the council's Unitary Development Plan policies was beneficial to Coun Atkinson."
The Ombudsman said this may have contributed to the maladministration.
Commenting this week, Ms Seex said "It is extremely rare to find councillors using their position improperly. Cases like this do an enormous disservice to the whole of local government by providing fuel for the misapprehension that 'they are all in it for themselves'.
"It is deeply regrettable for those councillors who work selflessly in the best interests of their communities." Following the report, Harrogate Council is to consider what action it should take to cancel the planning permission which was improperly obtained, which may require an order of the court.
In a statement, the council said: "The Ombudsman has proposed six remedies and the council is taking urgent action to address them. However some of the improvements raised in the remedies had already been carried out by the council before the complaint was registered.
"This situation occurred before the council moved to a larger 'single' planning committee, which has significantly strengthened the consistency and transparency of the planning committee."
Commenting this week, Coun Hinchcliffe said: "As far as I am concerned the AONB is fairly sacroscant in the countryside and my own view is probity did not come into it or maladministration. As far as I am concerned, I would do the same again."
Coun Ellington agreed with Coun Hinchcliffe's view that replacing the dilapidated caravan with a permanent dwelling would not have been detrimental to the AONB.
"We have dealt with similar cases like this before, where caravans have been involved. In my view, it was an improvement to the situation," he said. Messages were left with Coun Simms and Coun Cooper, who did not reply at the time of going to press.
Source: HarrogateToday (22/12/2006)
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