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Reigate & Banstead Borough Council (04A01941)

Planning enforcement                Maladministration causing injustice

03 October 2005

Five couples complained that the Council did not take effective action to deal with the unauthorised use of land at a social club close to their homes, and did not deal properly with the club’s application for a Lawful Development Certificate (LDC).

The Ombudsman finds that the Council did not take effective action in relation to the unauthorised use, and that its handling of the LDC application was very poor; in particular it failed to notify neighbours of the application and did not review information it already held about the site. This has caused injustice to the complainants because, if the Council had acted promptly and all the evidence had been considered properly, the Ombudsman saw no reason to conclude that an LDC would have been issued. The use described in the certificate is much broader than it should have been, and the Council may be powerless to prevent intensification of the use in the future, and the impact on the complainants’ amenities which may result.

The Ombudsman recommends that the Council should:

  • pay the complainants compensation for uncertainty and their loss of amenity. The compensation would be the difference between the present value of their homes and their value if the certificate had not been issued; and
  • pay the complainants a sum in recognition of the avoidable time and trouble they have taken in pursuing their complaints.

The Council would like to achieve a negotiated settlement with the complainants but, if this is unsuccessful, will proceed in line with the Ombudsman’s recommendations. The Ombudsman very much welcomes its proactive approach here. He also welcomes the fact that the Council has now put in place a practice note for future consideration of LDC applications. It should review this in the light of what the Ombudsman says in this report.

Date Published: 21/04/09