Local Government Ombudsman

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Darlington Borough Council (03C11999 and one other)

Planning enforcement & Leisure and culture    Maladministration causing injustice

25 April 2005

Ms Underwood and Mrs Wilkinson (not their real names) complained that the Council:

  • failed to ensure compliance with an agreement which attached to the planning consent for the development of the new stadium for Darlington Football Club; and
  • failed to consider subsequent applications for public entertainment licences for the football stadium properly.

The Ombudsman found that the Council had been placed in a very difficult position with the then owner of the football club who, seemingly, gave assurances that he did not keep. However, while acknowledging these difficulties, the Ombudsman believed that the Council did not do enough to protect local residents. They had a legitimate expectation that the Council would protect their residential amenity by ensuring compliance with the planning consent and the agreement which had been attached to that consent. The Ombudsman believed that the Council made a mistake in allowing the stadium to open, as it did, without the anticipated subsidised bus service, a residents’ parking scheme, traffic regulations and highways improvements. This led to local residents suffering disturbance, inconvenience and traffic problems.

The Ombudsman found maladministration by the Council in the way in which it had dealt with applications for public entertainment. The result of this, the Ombudsman concluded, was that there had been an increase in the hours permitted by the public entertainment licences and that, as a direct consequence of this, local residents had suffered disturbances late at night.

The Ombudsman made a number of recommendations. She recommended that the Council should:

  • address the parking and general traffic problems in the roads surrounding the football stadium, and the Ombudsman suggested that the Council works with both the football club and local residents to achieve the improvements which are undoubtedly necessary;
  • review its procedures to ensure that all the information necessary to enable proper consideration of an application for an entertainment licence is placed before the Licensing Committee;
  • monitor the operation of the licences issued which serve to extend the hours of operation at the football club to ensure that local residents are not unreasonably disturbed; and
  • pay £450 compensation to each complainant for their time and trouble taken in pursuing their complaints about planning consents and enforcement action.

The Council had already agreed to pay Mrs Wilkinson £200 for her time and trouble in pursuing her concerns and the Ombudsman commended the Council for this, but said that a similar payment should be made to Ms Underwood, plus a further £250 to each complainant.

Date Updated: 09/09/09