London Borough of Havering (04A16802)

Planning applications                 Maladministration causing injustice

29 June 2006

‘Mrs Walnut’ (not her real name for legal reasons) complained about the Council’s decision to approve planning permission for a block of flats opposite her house. Approval was given after the then Chair of the Committee, Councillor Alby Tebbutt, used his casting vote and she says that, in view of his prior involvement with the owners and developer of the land, Councillor Tebbutt breached the Council’s Protocol on Planning Probity and he should not have been part of the decision-making process.

The Ombudsman found that Councillor Tebbutt was “in flagrant breach of the Council’s Protocol on Planning Probity. He added “It was essential not only that the Committee was impartial, but that it was clearly seen to be so.”

Mrs Walnut said the block of flats, which was considerably higher than surrounding houses, was out of place, took away her privacy and completely overlooked her home.

However, the Ombudsman could not say that the application would not have been approved in any case, or that Mrs Walnut’s amenity would have been less affected by any different development. But he considered that she has suffered some distress from what happened, and had to take time and trouble in pursuing her complaint.

The Ombudsman found maladministration causing injustice and recommended that the Council should:

• pay £200 to Mrs Walnut to compensate her for the distress she has suffered, and the time and trouble she has taken; and
• consider periodically the need to remind members dealing with planning applications of their responsibilities.
   

Date Published: 15/01/09