A local village cricket club was forced to move locations by a Shropshire Council’s failure to consult in the planning process. The Council gave planning permission for a new home to be built next to the team’s home ground, without undertaking the obligatory consultation with Sport England under article 18 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

The decision to build the house meant that the club were unable to play fixtures at their home ground and were forced to temporarily move grounds to avoid damage to the newly built house. The temporary move for the club ultimately lead them to be ejected from their local league due to failure to fulfil fixture commitments.

The club brought their case to the Local Government and Social Care Ombudsman who considered evidence including a trajectory report commissioned by the club that stated that even though the players were amateurs, a fence of 22 metres would be needed to guarantee all shots being stopped, and recommending the construction of a 15m wall, to minimise the risk of damage.

The Ombudsman decided that due to their failure to consult, and several other matters arising, the Council should bear the costs of construction and maintenance of a fence to protect the new development. The Ombudsman also said that the Council should reimburse the club for its costs in hiring an alternative ground for home matches, and for the cost of commissioning the trajectory report.

A fairly rare instance of a consultation case coming before the Local Government and Social Care Ombudsman, the case reminds local authorities to keep on top of their consultation obligations, even when they are buried away in the depths of secondary legislation, lest it be decided that the final decision is just not cricket.