St Albans City Council (04A05724)

Planning applications                 Maladministration causing injustice

29 September 2005

‘Mr and Mrs Howarth’ and ‘Mr Bell’ (not their real names for legal reasons) complained about the way that the Council handled planning applications for extensions to a neighbouring property. They say that the Council took insufficient account of the impact of the proposed development on their amenities, they were denied an opportunity to put their objections about the second application to the Planning Committee, and the decision on the application was unlawful because officers did not have authority to take it. They also say there were failings in the way the Council responded to their complaints about these matters.

The Ombudsman considers there was a catalogue of faults in the way the Council dealt with the second application for planning permission. In particular, it did not keep proper records of site visits, its report on the application was flawed, it did not put the application before the Planning Committee, it failed to inform the complainants about the decision and there were shortcomings in way it handled their complaints.

The Ombudsman cannot conclude that the planning decision was unlawful or that the outcome would have been any different without the maladministration. But the complainants have been caused an injustice because they do not believe their views were taken into account, they are left uncertain as to whether the outcome might have been different if the application had been dealt with properly, and they have taken unnecessary time and trouble in pursuing their complaint.

The Ombudsman finds maladministration causing injustice and recommends that the Council pays each of the complainants £500 compensation to recognise their sense of grievance as a result of the Council’s failures and their time and trouble in pursuing their complaint.

Date Updated: 21/04/09