London Borough of Southwark (05B02405 + 10 others)

Planning applications                 Maladministration causing injustice

16 January 2006

A company wished to erect a telecommunications mast in a residential area. A pre-application consultation exercise was carried out, attracting 83 responses and revealing widespread opposition to the idea. When the Council received a planning application, it publicised it by posting a site notice, which was the legal minimum form of publicity required, and by letter to the local conservation society. The Council did not receive any representations apart from those submitted by the society. The application was approved by officers acting under delegated powers, whereas if representations had been received the application would have been referred to the Community Council for the local area for a decision.

Government guidance strongly advises councils to publicise applications as widely as possible. Here the Council initially accepted that, it should have sent notification letters to the 83 residents who had previously made submissions, of whom 11 complained to the Ombudsman. The Council invited the Ombudsman to identify a way of settling the complaint.

Many of the original representations referred to the potential health risks of a telecommunications mast. But the Ombudsman considered that the Council had followed government guidelines in discounting this factor. The development was unobtrusive and would have no impact on the amenity of local residents. But the Ombudsman considered that the residents had lost an opportunity to make representations. Had they done so the application would have been considered by the Community Council. But the Ombudsman could not conclude that the decision would have been different, and if the Community Council had refused the application the applicant may have been successful at appeal.

The Ombudsman found that if the Council had given proper consideration to its exercise of discretion to publicise more widely, it would have notified the 83 residents by letter. He believed that completing his investigation and issuing this report would sufficiently recognise the injustice sustained by the complainants.

The Ombudsman found maladministration causing injustice and recommended the Council to review its arrangements for publicising applications relating to telecommunications masts, as part of the review it has begun into its general procedures for publicity.

Date Published: 27/04/09