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Bradford City Council (04C05233)

Planning applications                Maladministration, but no injustice

25 September 2006

Bradford City Council gives its Senior Planners and Senior Planning Officers the power to accept or reject amendments to approve planning permissions IF they would not “…entail a material change in the overall impact of the development in planning terms”. In October 2001 an Area Planning Manager agreed to amendments to plans for a house in a conservation area. The amendments increased the height of the building by over four metres, added an extra storey and changed the roof from a mansard to pitched. Dealing with the amendments in this way meant that the public was neither informed nor consulted and lost any opportunity to influence the decision. Members of the Local Residents Association say that as a consequence they are “…saddled with a monstrosity on their doorsteps not in scale with the local environment”.

The Ombudsman said the Planning Manager, “may have acted with good intentions. However, he exceeded his authority and, once issued, it is exceedingly rare for planning permission to be revoked.”

The Planning Manager was influenced in his decision to deal with the changes as minor amendments by the fact that there was a valid planning permission for the site to be used as a youth club. Although that planning permission had been granted by a Planning Committee he was aware that it was unpopular and people of influence in the community had asked him to try to avoid it being implemented.

Whatever the motives, it was maladministration by the Council to deal with and approve the changes as minor amendments. The Ombudsman’s investigation produced evidence that, on the balance of probabilities, the amendments would not have been approved if there had been consultation and a report to a Planning Committee.

Subsequently a Planning Committee has approved a retrospective planning application that increased the height of the house by a further metre.

There is no specific adverse impact on the residential amenity of neighbours and the Ombudsman considers that the only remedy for the Council’s maladministration is to make this report public.

Date Published: 03/02/09