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Planning applications Maladministration causing injustice
28 July 2005
‘Mr and Mrs A’ complain that the Council’s grant of planning permission for conversion of a barn to a holiday home on a site near their own home was flawed by maladministration. They say that the permission has affected their amenities and also prejudiced their own chances of success in a planning appeal.
The Ombudsman considers that that there was substantial maladministration in the Council’s consideration of the planning application. First, approval was wrongly issued before the application had been considered by the full Council. Secondly, when the application did come before the full Council, the meeting was not properly advised about the Plans Committee’s reasons for recommending approval against officers’ recommendation, and itself gave no reasons for approving the application.
However, the Ombudsman cannot conclude that the application would have been refused if it had been considered without this maladministration. The Council has agreed to pay Mr and Mrs A £750 compensation for the injustice plus £250 for their time and trouble in bringing the complaint, and the Ombudsman considers this to be an adequate remedy for the injustice they have suffered.
Date Published: 11/05/09
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