Arun District Council (03A06111)

Planning applications                 Maladministration causing injustice

08 December 2005

‘Mr Cooper’ (not his real name for legal reasons) complained about the Council’s grant of outline planning permission for a substantial housing development next to his land. He was concerned that residential development too close to his site would be likely to give rise to complaints of noise nuisance in the event that he re-established his business manufacturing concrete paving slabs. Subsequently the Council did not obtain advice from an environmental health officer before deciding to approve two ‘reserved matters’ applications.

The Ombudsman finds that it was maladministration for the Council to approve the reserved matters applications without seeking the advice of an environmental health officer. If such advice had been obtained it is possible that the layout of the housing development would have been changed, or that noise attenuation measures would have been recommended. Mr Cooper was caused some uncertainty and lost an opportunity to discuss the nature of any noise attenuation measures with the developer. But the Ombudsman cannot be certain about the long-term viability of the site for the manufacture of concrete paving slabs.

The Ombudsman finds maladministration causing injustice and recommends that the Council should pay Mr Cooper £5,000 to remedy the uncertainty and lost opportunity and the time and trouble he took in pursuing his complaint. The Council should also provide what assistance it can to help Mr Cooper find a suitable alternative site if he still wishes to re-establish his business.

Date Published: 21/04/09