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Planning enforcement Maladministration causing injustice
13 December 2006
‘Mr Ash’ (not his real name for legal reasons) is the owner of several business units on a site. He complained that the Council failed to stop unauthorised use of a neighbouring business premises as a place of worship. In the course of the Ombudsman’s investigation, the Council consented to a planning application that allowed the use to continue, subject to conditions.
The investigation found that the Council’s approach to the enforcement and the decision to agree the planning application were not unreasonable. However, there were shortcomings in the manner in which the application was dealt with. In particular the Council failed to record how the consent overcame the difficulties surrounding the likely increase in traffic and associated highways issues. The Ombudsman considers that this was maladministration, particularly in the context of a difficult and sensitive situation.
The Ombudsman finds maladministration causing injustice and the Council has agreed to:
Date Published: 29/01/09
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