Doncaster Metropolitan Borough Council (06C01360)

Planning applications                 Maladministration causing injustice

09 August 2007

Doncaster Metropolitan Borough Council’s decision to grant a certificate of lawful use for land was based on a flawed report. The Ombudsman finds that the evidence was not properly assessed in preparing the report. The certificate was significant as the land was then considered to be ‘brownfield’ and not caught by a freeze on development on ‘greenfield’ sites.

‘Mr Emery’ (not his real name for legal reasons) complained about the way the Council granted a certificate of lawful use (CLU) for land that had been in the curtilage of a house next to his home.

The Ombudsman found that, in considering the application for the CLU, the Council:

• failed to assess the evidence properly;
• did not apply the 10-year time period required by the law; and
• failed to provide adequate support to an inexperienced junior officer.

This meant that the Committee’s decision to approve the CLU was based on a flawed report.

The Ombudsman found maladministration causing injustice. Mr Emery’s expectation that the Council would deal competently with the CLU was not met. He incurred the expense of producing an affidavit that was not properly considered. He experienced worry and outrage, and had to take time and trouble in making his complaint.

The Ombudsman did not consider that, but for the maladministration, the land would have remained open space for the foreseeable future, nor that the development causes injustice to Mr Emery.

The Ombudsman recommends that the Council reimburse the cost of Mr Emery’s affidavit and pay him £300 for the remaining injustice.

Date Updated: 16/01/09