25.04.19
Cornwall Council criticised by ombudsman after taking more than 11 years to decide man’s village green application
Cornwall Council has been criticised by the local government ombudsman after failing to determine a man’s village green application more than 11 years after he submitted it.
Colin Brown first applied to the council to have a piece of land in his village near Saltash turned into a village green in 2008 with the backing of 146 fellow residents - but the authority has repeatedly delayed making a decision and has still not held a public enquiry.
Cornwall Council has been fined £600 by the Local Government and Social Care Ombudsman after the 80-year-old man had put “significant time and trouble” into the matter over the past decade.
It said Brown is now concerned that his group will struggle to present evidence to any future enquiry as several original members of his group have now passed away.
The ombudsman’s investigation found that Cornwall Council were at fault for unnecessarily delaying the determination process and for failing to keep the man updated on developments.
Whilst the village green application remains undetermined and the land’s future remains unclear, the ombudsman asked the council to make a decision on whether to hold a public inquiry and it has now agreed to do so.
It has also been asked to apologise to the man and provide him with monthly updates on the status of his application alongside a £300 fine for the uncertainty caused and another £300 for his time and trouble in making the complaint to the ombudsman.
Michael King, the Local Government and Social Care Ombudsman, said: “While I appreciate this particular application has been beset with complications, it nevertheless would have been good administrative practice to keep the man updated and informed about its progress.
“The man has been put to significant time and trouble over the past decade over the matter, and is now concerned that as several original members of his group have passed away, this will have an impact on the group’s ability to present evidence to any future inquiry.
“I welcome that Cornwall Council has now decided to hold a public inquiry into the case and hope this will resolve the situation for all concerned.”