A COMPLAINT against Teignbridge Council that it did not properly determine planning applications for development of the Teignhaven site in Bridge Road, Shaldon, has been thrown out by the Local Government Ombudsman.

Shaldon Action Group and residents spent nearly £18,000 opposing the Midas proposals, retaining a barrister and a planning consultant.

In its complaint SAG alleged the district authority: 1) showed bias towards the developer; 2) held a private meeting with the developer that was not recorded or minuted; 3) did not fully consult with SAG about the proposed development; 4) unreasonably and unfairly excluded SAG from representation on the Teignhaven working party that considered the development proposals prior to the appeal hearing in 2001; 5) drew up a development brief for the site that was flawed due to the lack of prior consultation on its content.

In his report, Brian Miles, investigator for the Ombudsman, said from his preliminary view he did not believe there was likely to be scope for the Ombudsman to further pursue the complaint, as he did not see an indication that the council failed to exercise its statutory planning powers and responsibilities in a proper manner.

Mr Miles found that the council determined the matter appropriately and it appeared that it had met its statutory obligations in its publicity arrangements for the applications.

'I have not seen an indication on the information that is available that the council's development brief was flawed in the way claimed by SAG,' he stated.

Mr Miles said in his report that he had not found evidence of bias in favour of the developer, or improper conduct.

He was also unable to see a basis on which the Ombudsman should conclude that the costs of the retention by SAG of a barrister and a planning consultant were directly attributable to the actions of the council.

A report on the findings is going before Teignbridge Council's Development Control Committee on Monday.

This week, John Rawson, of SAG, said the group would not give a reaction to the findings until after Monday's council meeting.