Local Government Ombudsman

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Sedgemoor District Council (05B04194)

Planning enforcement & Environmental health

Maladministration causing injustice

29 June 2006

Over a period of seven years between 1998 and 2005, ‘Mr Guthrie’ (not his real name for legal reasons) made complaints about noise from the inn neighbouring his home. There was a planning condition on the inn’s skittle alley, restricting the level of amplified music permitted.

The Council failed to investigate these complaints properly and did not enforce planning conditions controlling noise from the inn. In particular, there was inadequate liaison between the environmental health and planning departments. As a result, Mr Guthrie was caused disturbance over an unnecessarily prolonged period.

The Ombudsman finds maladministration causing injustice and recommends that the Council should:

  • pay Mr Guthrie £3,000;
  • determine without further delay what action, if any, is necessary to remedy the breach of planning condition at the inn and inform Mr Guthrie of that decision; and
  • review its liaison arrangements between the environmental health and planning departments to ensure that the maladministration identified does not recur.
     

Date Published: 03/02/09