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Planning applications Maladministration causing injustice
7 October 2005
‘Mr and Mrs Churchill’ (not their real names for legal reasons) complained about the way the Council granted planning permission for a new house to be built next to their home. The Council granted planning permission for a single dwelling in the belief that the site was within the curtilage of another property. There were indications that this might not be the case, but the Ombudsman found that it was reasonable for the Council to have relied on a definition of ‘curtilage’ in advice from the Office of the Deputy Prime Minister (PPG3). The investigation revealed concerns about slow progress being made with the revision of the Local Plan.
The Ombudsman found that the Council had failed to properly consider the effect of the new development on the Churchills’ privacy.
The Ombudsman found maladministration causing injustice and the Council agreed to provide the the remedy proposed by the Ombudsman.
Remedy
The Council agreed to the Ombudman’s recommendation that it should:
Remedy agreed prior to publication 7 October 2005
Date Updated: 28/11/11
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