London Borough of Southwark (04B06313)

Planning applications                 Maladministration causing injustice

30 March 2006

‘Mrs Shelley’ (not her real name for legal reasons) complained that the Council did not consult her about revised plans for a proposed development next door to her property. She had not been given the opportunity to comment on the changes and considered them to have badly affected her amenity.

The Council did consult Mrs Shelley (and others) when the application was received and asked the applicant to submit revised plans to take account of objections. The amended plans showed the changes the Council had requested as well as an alteration to the side elevation nearest to Mrs Shelley’s property, which the Council had not asked for.

The Council did not consult Mrs Shelley on the amended plans because it considered they represented an improvement on the original ones. Officers approved the application under the Council’s scheme of delegation. Mrs Shelley would have objected to the amended plans if she had been given the opportunity. She did not know if she might have been able to achieve further amendments to the proposed development that would have lessened its impact on her property.

The Ombudsman found maladministration causing injustice and recommended the Council to pay Mrs Shelley compensation based on the difference in the valuation of her property with the original proposed development built next to it and the valuation of her property with the development for which the Council gave consent. The Council should also pay her £250 for her time and trouble in pursuing her complaint.

Date Published: 27/04/09