Council rapped in row over power line

May 12 2008 by Ben Guy, The Journal

AN ombudsman is demanding council bosses pay to take down overhead power lines they allowed to be erected in an Area of Outstanding Natural Beauty.

Tynedale Council has been accused of “maladministration” by the Local Government Ombudsman after it failed to prevent the erection of 1,600 metres of overhead power line, with 12 electricity poles, close to Ninebanks, in the Tyne Valley.

The council claims it could have done nothing to stop the cables being put up but is facing a further rap for refusing to remedy the “injustice”.

The ombudsman first highlighted the alleged failing in a report last summer, and has now criticised the council for not taking further action.

The initial report was carried out after a couple living close to the poles complained about the way the council had considered the original application, submitted in 2002 and the fact that it had led to a ‘‘reduction in the amenity of the area’’.

That application, included the proposed erection of a nine-metre high wind turbine to avoid the need for power lines at a derelict farm building that was being converted into a house.

The ombudsman states that the council has a policy to ensure that overhead power lines are not installed across an AONB, but in approving this application it did not impose such a condition.

As a result, the developer chose not to install a wind turbine, and instead put up power lines.

Anne Seex, on behalf of the ombudsman, said: “The council should have considered the planning application in light of its policies and the possibility of the situation which has arisen.

“The council’s failure to do so was maladministration. This is an injustice to the complainants and others which requires remedy.”

Brian Summers owns the land where the lines were put up, although he has subsequently sold the property served by the cables.

He said: “The people living in the house have got to have some power, you can’t live in these sort of places without it.

“I would guess that to put the lines underground would cost between £80,000 and £100,000.”

The ombudsman’s report concludes: “The remedy I recommended was that the council should either negotiate with the developer and the power supply company to remove the overhead lines, and instead install a wind turbine at the council’s cost, or, should such negotiation not prove successful, negotiate instead to place the power line underground, again at the council’s expense.”

Nothing could be done to prevent installation

TYNEDALE Council has “responded robustly” to the suggestion that it could have prevented the installation of the overhead power lines.

A spokesman said that applying conditions to the planning permission in this case would not have prevented the power lines being installed, because such conditions can only apply to the application site itself, and that electricity companies also have ‘permitted development’ rights.

Helen Winter, director of planning at the council added: “The planning permission granted included the erection of a nine-metre high domestic wind turbine but the applicant later decided not to erect the turbine and to connect the property to mains electricity.

“This was entirely a matter for the owner of the property as planning permission is not required for the erection of an overhead power line to serve an individual dwelling in the AONB.

“Indeed this is something that he could have chosen to do in addition to erecting the turbine.

“The ombudsman’s statement that the council has a policy to ensure that overhead power lines are not installed across an AONB is not correct.

“The ombudsman’s finding that the council should have included a condition that would have prevented the developer from installing power lines on poles is unrealistic.”

Richard Robson, chief executive, added: “This application was not one that a planning officer could have been expected to address in the day to day processing of applications.

“We believe that we did properly consider the planning application and are disappointed that the ombudsman does not seem to have considered the full complexities of the case.” The report will now be presented to a meeting of the council.

Transparency

DR Nic Best, regional policy officer for the Campaign to Protect Rural England, said it was especially important that planning issues in an AONB were dealt with properly.

He said: "Whether or not it is in a picturesque area the planning system has to be transparent.

"If you don’t know what exactly the development is going to be you cannot object to it or support it.

"The council needed to tie the applicant down. It is rare that something as obtrusive as a switch from a wind turbine to cables occurs.

"In an AONB you have got to be particularly alert to significant changes to the landscape."