Dartmoor National Park Authority (04B03955 + 2 others)

Planning applications                 Maladministration causing injustice

04 May 2005

Several people complained that the Authority failed to take account of relevant planning considerations when determining a planning application for alterations and an extension to a listed building (called ‘The Shop’ in this report for legal reasons). In particular, they alleged that inadequate consideration was given to the effect of the proposed development on the character of The Shop and its impact on the amenities of neighbours. They also complained that the Authority failed to publicise a subsequent retrospective application properly. They believed that, as a result, the appearance of the listed building had been harmed. They also considered the impact of the extension on their amenities was greater than they reasonably expected and were aggrieved that they were not able to put forward their objections to the retrospective application.

The Ombudsman considered that the Committee report on the listed building application was deficient because it failed to address all the material considerations, and that the Committee minute did not give an adequate reason for the decision. However, the Ombudsman considered that, as Members were aware of the character of the building and its planning history, consent would still have been given.

The Ombudsman did not find fault with the way the Authority investigated breaches of control at the site but he was critical of the failure to keep the complainants informed about what was happening. He could not determine if there was fault in the way the retrospective amended application was publicised, but considered that, had the complainants been kept better informed, they would have been alerted to the fact that new plans were expected from The Shop’s owner, and so would have been more likely to have the opportunity to make objections.

The Authority agreed to pay compensation totalling £1,000 to two couples and £250 to another complainant to recognise their sense of grievance as a result of the failures by the Authority and their time and trouble in pursuing their complaints. The Authority also confirmed that it had made changes to strengthen its administrative procedures.

Date Published: 28/04/09