West Devon Borough Council (05B14123, 05B14124)

Two couples, ‘Mr and Mrs Oak’, and ‘Mr Beech and Ms Ash’ (not their real names for legal reasons) complained about the way that the Council handled a planning application for a development to the rear of their properties.

The Ombudsman considers there was fault in the way the Council dealt with the application. In particular, it did not keep a proper record of the site visit, failed to produce a report for the delegated decision, did not follow its scheme of delegation and failed to inform the complainants about the decision.

The Ombudsman did not conclude that the planning decision was unlawful or that the outcome would have been any different without the maladministration. But the complainants have been caused an injustice because they do not believe their views were taken into account, they are left uncertain as to whether the outcome might have been different if the application had been handled properly, and they have been put to unnecessary time and trouble in pursuing their complaint. The Ombudsman considers that Mr Beech and Ms Ash are less affected by the development than Mr and Mrs Oak.

The Ombudsman finds maladministration causing injustice and, to remedy the injustice, the Council has agreed to pay £1,000 to Mr and Mrs Oak and £250 to Mr Beech and Ms Ash to recognise their sense of grievance as a result of its failures and their time and trouble in pursuing their complaint. The Council has also said that it will review its scheme of delegation.

Date Published: 22/01/09