THE Local Government Ombudsman has been asked to step into a planning row over a Wensleydale barn conversion.
The Association of Rural Communities has complained that the Yorkshire Dales National Park Authority was given neither correct nor full advice on December 10 last year, which led to the Cams Houses application being refused.
"This, we have argued, constituted maladministration, which led to an injustice being committed towards all those living in the park," said an ARC spokesman.
A 1,500-name petition, raised by Hawes and High Abbotside Parish Council, supported the outcry when park members twice approved the barn conversion for rent in perpetuity to a local young family, only to have that reversed on the advice of the authority's monitoring officer at a third hearing.
ARC is asking the planning committee to bring back the application and reconsider it on the grounds that it had the right to take something like lack of affordable housing into account and decide what weight to give it.
ARC believes the planning committee decisions in October and November were not outside the law.
"Indeed, the committee should know that to ignore a material consideration is a matter for judicial review. Weighing one as they see fit is not," said the spokesman.
The advice of the authority's monitoring officer - at the third planning meeting - had been that lack of affordable housing could not be used to make a decision contrary to local plan policy.
ARC says its main concern is the upholding of the principle that members of the authority should be free to decide what was important, so that justice could be done to those applying for planning permission.
It also expressed concern that the monitoring officer omitted to inform members that if they went against his advice the decision could be called in by the Secretary of State.
"This would have cost neither the authority nor the applicant anything, and in view of the petition raised in Upper Wensleydale would have been, we believe, a fairer way to proceed," said the ARC spokesman.
An authority spokesman said: "We are currently reviewing the local plan and working with those who have a remit to deliver affordable housing for rent.
"Should it be found that we have done anything wrong, we will hold our hands up and sort it out. I hope ARC would do the same if their complaint should not be successful.
"The argument that the decision created an injustice for all those living in the park is little more than sensationalism.
"The right way for the applicants to question our decision is through an appeal to the Secretary of State and we have made them aware of that option.
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