Epping Forest District Council (05A18923)

Planning applications                 Maladministration causing injustice

14 December 2006

In January 2005 the Council received a planning application for a new house on a large, isolated site within the Metropolitan Green Belt. The application was unclear and the Council failed to clarify with the developer exactly what was proposed. It then failed to accurately compare the existing development on the site with what was proposed, and did not properly consider whether the proposal met its own policies on development in the Green Belt.

The Council granted permission on the basis that the existing house on the site would be demolished. But it then failed to ensure a condition requiring this was included in the planning consent. Allowing an additional dwelling was completely contrary to both its own and government policy. There should have been one house on the site. There are now two.

“The handling of this planning application was a catalogue of very serious fault”, said the Ombudsman.

The Council also failed to notice that amended plans for the site increased the height of the proposed development. It took into account irrelevant information in deciding it could not revoke the planning permission it had granted. And it has failed to keep proper records of the application history.

The Council’s failings represent significant maladministration and the Ombudsman believes the case highlights salutary lessons from which other councils should learn.

The Ombudsman’s investigation followed a complaint from a group of local residents. He recommends that the Council:

• pays the action group that brought the complaint £250 to reflect the time and trouble they have taken in pursuing their complaint and the sense of outrage they must feel; and
• undertakes a further review of its policies and procedures in the light of what he has said in his report.

Date Updated: 28/01/09