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Warrington Borough Council (03C03769)

Planning enforcement                Maladministration causing injustice

12 April 2005

Mr Martin (not his real name for legal reasons) complained that the garden nursery on land adjacent to his home has been developed over a number of years in breach of planning control. He said that no enforcement action has been taken by the Council despite his complaints that his residential amenities have been seriously affected by the development.

Mr Martin also complained about the Council’s failure to take action in respect of another plot of land, adjacent to his home, containing a large greenhouse. Mr Martin claimed that the owner of this land (not the same person as the owner of the garden nursery), appeared to be importing material and containers on to the site as well as removing top soil and replacing it with hard standing for which no planning permission had been given.

In response to the complaint about the garden nursery, the Ombudsman, while acknowledging the staffing problems experienced by the Council during the relevant period, found that the Council did not always act as promptly as it should have, failed to keep Mr Martin properly informed and failed to refer the breaches of planning control to the appropriate committee.

In response to the complaint about the land occupied by the greenhouse, the Ombudsman found that the Council was slow to respond to the reports submitted by Mr Martin which detailed the development taking place. The Ombudsman found there were significant delays by the Council in issuing a planning contravention notice and in taking action when a deadline imposed by the Council was missed by the landowner. The Ombudsman also found that the Council’s records were incomplete.

The Ombudsman found maladministration by the Council in both complaints and that this caused Mr Martin an injustice for which he should be paid some compensation. She recommended that the Council should: 

  • pay Mr Martin £150 for the various delays he experienced at the hands of the Council;
  • pay him £600 for his time and trouble in pursuing his complaints; and 
  • review its practices and procedures in dealing with allegations of breaches of planning control.

The Ombudsman was pleased to note that the Council has already taken steps to address some of the shortcomings identified in her report.

Date Published: 13/08/09