CONCERNS have been raised over basic British freedoms after an entire parish council was threatened with an “extraordinary and unique gagging order” over plans to build 37 homes.

Darlington Borough Council members said the legal threats to elected representatives of Low Coniscliffe Parish Council over their objections to proposals to make minor changes to a housing scheme on Gate Lane were against democratic principles.

Planning committee councillors appeared stunned as they were told “exemplary” members of the parish council had been left “very distressed” after solicitors for the landowner of the development site had attempted to serve a letter warning of a range of possible legal actions if they made certain claims.

The meeting heard parish councillors claim they had simply conducted their duties on behalf of residents to the best of their abilities, worked within the constraints of a code of conduct, and should not have been “subjected to possible threatening action”.

Members heard solicitors had sent a “cease and desist” letter to the parish council and its member Councillor Peter Ellerton over claims the landowners disputed surrounding the ownership of a three-metre strip of land on the edge of the site.

The letter outlined how legal actions based on allegations of abuse of power in public office and malicious falsehoods could be launched and an urgent injunction sought.

Councillor Gerald Lee questioned whether in the light of the solicitors’ letter it would be possible for the planning committee to properly consider the planning application.

He said: “That is totally, utterly against the constitution of this country. It is against the principle of this planning meeting where we hear all stories.”

However, the meeting later heard the intention of the solicitors letter had been to remind Cllr Ellerton “not to say anything that was untrue”.

After the meeting was adjourned for legal advice, the committee heard Cllr Ellerton would be able to present any information as long as it was factually accurate.

The letter was then withdrawn by the landowners’ solicitors to enable the planning application to be heard without further debate.

Members were told while a number of issues had been raised over who owned parts of the development site the committee did not determine land ownership.

While there were 119 objections from residents to the changes to Robertson Homes’ scheme, councillors agreed with council officers that the amendments represented an improvement to the development.

After the meeting, David Coates, the council’s head of planning development, said: “It was an unusual set of circumstances, but I am satisfied it was dealt with appropriately.”