Breckland District Council (05B02734)

Planning applications, Environmental health, Leisure and culture

Maladministration causing injustice

20 June 2006

‘Mrs Kay’ (not her real name for legal reasons) complained that the Council gave inadequate consideration to the impact of a proposed skatepark on her amenity, and failed to enforce the planning conditions effectively.

The Council received a planning application for a skateboard and BMX park on a recreation ground. Mr and Mrs Kay live just over the recreation ground boundary and objected to the proposal. The Council’s environmental health officer expressed concerns about the type of use, its location and the potential for noise nuisance. He did not think that, realistically, anything could be done to overcome his concerns.

The proposals were revised but they did not overcome the environmental health officer’s concerns. These were not presented in detail before the Council resolved in September 2003 to approve the application subject to conditions. Boundary treatment was not agreed with the Council prior to the commencement of work on the site. The provision of an acoustic fence was not specified in the conditions but the town council agreed to provide one after the Council had said that an abatement notice was likely to be served.

The park was in use from April 2004 and the acoustic fence was installed in October 2004. Mrs Kay made a series of complaints about noise nuisance, breach of the hours of use condition and antisocial behaviour associated with the skatepark. She endured seven months avoidable loss of amenity.

The Ombudsman finds maladministration causing injustice and recommends the Council to pay £2,000 to Mrs Kay.

Date Updated: 30/01/09