Council will ignore ombudsman ruling

Jun 28 2008 by Ben Guy, The Journal

A NORTHUMBERLAND council is to ignore the recommendations of the local government ombudsman that would cost £80,000 to implement.

Tynedale Council was criticised for not insisting, as planning authority, that a wind turbine was built to power a development in the North Pennines Area of Outstanding Natural Beauty.

The council has been told it should remedy the blight on the protected landscape of 1,600 metres of cable being run overhead and should meet the £80,000 cost of putting the cable underground.

A report by the ombudsman accused the council of maladministration and causing an injustice by allowing the cables to be put up as part of a development close to Ninebanks, near Allendale.

But while the council has already accepted that maladministration did take place, it denies causing an injustice and is now set to refuse to implement the suggestions.

A report going before a meeting of the full council next week said that the £80,000 cost of the remedy was out of proportion to the mistake.

The report said: “In relation to the findings of maladministration, it is open to the council to challenge the decision by way of judicial review.

“However, it is suggested that this is not necessary or appropriate in the current circumstances, and in light of the time and resources need and the proximity of local government reorganisation.

“It is suggested, therefore, that the council notes the ombudsman’s findings but does not carry out the suggested remedy.”

Ombudsman reports are not legally binding, although it is rare for a council not to implement a report’s findings.

The original application was made in 2002, to convert derelict farm building into a home.

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

He has told The Journal that there is no ill-feeling among the community about the cables.