Canterbury City Council (06A05098)

Planning applications                 Maladministration causing injustice

16 May 2007

Canterbury City Council has been criticised by the Ombudsman for not preparing reports on decisions to grant planning permission where this is done under delegated powers. He says that it is not sufficient to approve an application without keeping any record of what matters were taken into consideration. In this case, the complainant could not be certain that the effect of the new development on his amenity had been properly taken into account.

The Council failed to notify ‘Mr Johnson’ (not his real name) of a planning application for a two-storey extension to a property to the rear of his own. Mr Johnson believes the Council failed to take account of the impact of the development on his home when granting it permission.

The Ombudsman considers there was fault in the way the Council dealt with the application. He is particularly concerned that the Council has not, until now, prepared reports on planning applications that are decided under delegated powers.

The Ombudsman does not, however, consider that the outcome of the planning application would have been any different had Mr Johnson been given the opportunity to comment on it. But Mr Johnson has suffered an injustice in that he was denied the opportunity of making his views known and of having the certainty that these had been properly considered.

The Ombudsman finds maladministration causing injustice and recommends that the Council pays Mr Johnson £500 in compensation for its failures and to recognise his time and trouble in pursuing his complaint. The Council should also provide the Ombudsman with a copy of its pro-forma for use when planning applications are decided under delegated powers, once this has been finalised.

Date Updated: 16/01/09