Local Government Ombudsman
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London Borough of Ealing (05A18485)

Planning applications                 Maladministration causing injustice

29 November 2006

‘Ms Gabriel’ (not her real name for legal reasons) complained about the Council’s handling of developments at a house next door but one to her own. The Council had issued a lawful development certificate for a roof extension, although the permitted development rights had already been used up and therefore the development required planning permission. If the development had been handled properly. the Council would have been able to ensure that the roof extension complied with its planning policies. The Council then granted planning permission for an earlier extension, without recognising that it was an application for retrospective planning permission.

The Ombudsman found the Council’s handling of the developments was maladministration that caused injustice to Ms Gabriel for her time and trouble involved in pursuing her complaint.

The Council should pay £300 to Ms Gabriel and send her a written apology. The Council should also review its procedures with a view to ensuring that:

  • evidence of site visits are saved on its files, either in the form of photographs or notes; and
  • planning applications and applications for lawful development certificates are not approved unless such evidence exists.

Date Published: 17/11/08