A PLANNING committee chairman whose casting vote approved a friend's application has been severely criticised.

Councillor Nigel Simms, who represents Mashamshire on Harrogate Borough Council, was found guilty of maladministration causing injustice.

Three other members, including deputy council leader Councillor Richard Cooper, were also rebuked.

Local Government Ombudsman Anne Seex ruled that Coun Simms should have declared an interest and left the meeting which granted permission for Councillor Margaret Atkinson to build on a field opposite her Kirkby Malzeard home.

The outline application for a house to replace a caravan was recommended for refusal by officers, but was approved on the casting vote of Coun Simms, then committee chairman.

Councillors Les Ellington and Elwyn Hinchcliffe, who supported the application, did not take sufficient account of policies and were also guilty of maladministration, Ms Seex ruled.

Coun Atkinson was cleared of wrongdoing because she declared an interest and left the room.

Ms Seex ruled that Coun Simms and Coun Atkinson were friends outside the council chamber and, in failing to declare a "clear prejudicial interest", Coun Simms broke the code of conduct. Without his casting vote, the application would have been rejected.

Coun Cooper, cabinet member for planning at the time, did not comment on the plans because Coun Atkinson had a vote in his election to deputy leader.

Ms Seex said: "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'."

The council will consider cancelling the planning permission, which may require a court order.

A statement from the authority 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."

Coun Hinchcliffe denied that probity or maladministration came into the issue. "As far as I am concerned, I would do the same again," he said.

Coun Ellington said that replacing the dilapidated caravan with a house would not spoil the Nidderdale area of outstanding natural beauty.

Coun Simms did not respond to a telephone message yesterday.