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Planning advice Maladministration causing injustice
02 August 2005
‘Mrs Smith’ (not her real name for legal reasons) alleged that the Council wrongly advised the executors of her father’s will about how to go about lifting an agricultural occupancy condition on a house. The house had been left to her and her sisters and was worth less with the condition in place.
The Ombudsman found maladministration by the Council. Specifically, it failed to make clear that its policy in the relevant area had changed giving rise to the clear possibility that the condition could speedily be removed. As a result, the executors felt constrained to sell the property with the condition still in place and hence at below its market value. This was an injustice to Mrs Smith and her sisters.
The Ombudsman recommended the Council to ask the District Valuer to obtain a figure for the value of the house without an agricultural occupancy condition at the time of the sale. It should then pay into the estate the difference between this and the actual sale price, together with appropriate interest. It should also pay Mrs Smith £250 in recognition of her time and trouble in pursuing her complaint.
Date Updated: 09/09/09
are in .pdf format. To view these files you will need the Adobe Acrobat Reader software. It can be downloaded below free of charge. Click To Download