A COMMUNITY Council is set to make a formal complaint against a planning decision, after finding other legal avenues would cost too much
Guilsfield Community Councilset up a task group to probe a decision to give outline planning for nine homes on the site of Fairview Garage, a former petrol station in the centre of the village.
The council had planned to apply for a judicial review into the decision, but after learning of the costs involved it has now decided to issue a formal complaint to Powys Council over how it reached the decision.
Guilsfield council chairman Cllr Ian Harrison said: “We consulted planning lawyers. They said that to take the planning authority to judicial review to challenge the decision would cost somewhere between £20,000 and £40,000.
Cllr Ian Harrison
“There would be a danger if we lost then we would incur significant charges or cost of the defence.
“We decided not to pursue that as the risk was just too high.”
Instead, following a recommendation from Planning Aid Wales, the council will instead make a formal complaint to PCC regarding the “failure” of process.
Cllr Harrison added: “I suggested missing out PCC and going straight to the ombudsman (Public Services Ombudsman for Wales).
“But I was told the ombudsman wouldn’t deal with us until we’ve been through the formal complaint process.”
Cllr Harrison told the council meeting on Tuesday that he recommended writing a letter of complaint to PCC on the process and how poorly GCC had been treated during "a national emergency”.
He also thought that other community councils who also have planning issues with PCC might add their voices to a complaint.
Cllr Trevor Trevor said: “I support writing to object to the way we have been treated.
“It’s important that we write as soon as possible rather than gathering like minded councils."
When the plans were passed on October 1, Powys planning officer Peter Morris said that Guilsfield Council had sent correspondence saying it would be being given more time to discuss the plans, having been unable to meet between March and September due to the pandemic.
He told those he’d spoken to that comments from councillors could be added individually if no meeting had been held.
He said that GCC had been given enough time to respond.
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