Local Government Ombudsman

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Swindon Borough Council (03B17424 + 3 others)

Planning enforcement               Maladministration causing injustice

24 October 2005

Residents of four homes in the same street complained that the Council delayed between 1992 and 2002 in taking enforcement action to prevent the unlawful use and operation of a builder’s storage yard at premises near their homes, which had caused them a nuisance for many years. When the Council did take action the builder successfully appealed. His business was considered to have been established for 10 years and was therefore exempt from enforcement action.

The Ombudsman found maladministration causing injustice and recommended the Council to:

  • carry out a valuation of all the complainants’ properties as they were and as they would be without the builder’s storage yard and business operating from the site, and pay them the difference, if any; and
  • pay two of the complainants £250 each and £100 each to the other complainants to reflect their time and trouble in making their justified complaints.
     

Date Published: 30/07/09