North Wiltshire District Council (04B14163)

Planning applications & Planning enforcement

Maladministration causing injustice

19 June 2006

‘Mr Archer’ (not his real name for legal reasons) complained about the way the Council dealt with an application in a conservation area expressed to be for the demolition of a shed and the creation of a new vehicular access at a site close to his home. The Council granted conservation area consent and planning permission for these in 1996. Information received after the application was registered made it clear that the demolition of the shed included the demolition of a boundary wall in the conservation area.

When the wall was demolished in December 2003, Mr Archer complained to the Council because he believed that the permission had lapsed, because works had not been started to demolish the wall within five years of the grant of permission, and conditions attached to the permission had not been discharged.

In 2004 the Council decided not to take enforcement action. But this decision was not communicated promptly to the relevant parties. The Council’s failures led Mr Archer to pursue his complaint about the matter and expend considerable time and trouble in doing so.

The Ombudsman finds maladministration causing injustice and recommends that the Council should review its procedures and pay Mr Archer £500 compensation.

Date Published: 03/02/09