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Dudley Metropolitan Borough Council (06B12090, 06B13017)

Planning applications                 Maladministration causing injustice

18 September 2007

Neighbours of an proposed new advice and counselling centre lost the opportunity to make objections because Dudley Metropolitan Borough Council sent notification letters to the wrong addresses. The Ombudsman finds that the complainants have a “justified sense of outrage”, but that the planning application was likely to have been approved by members of the Development Control Committee in any case.

He was also critical of the Council’s scheme of delegation to officers, which he said was “confusing”, and that it was unclear just what objections would trigger a referral to Committee.

‘Mr and Mrs Sheffield’ and ‘Mr and Mrs Mansfield’ (not their real names for legal reasons) complained that the Council failed to notify them of an application for planning permission to convert a neighbouring industrial building into an advice and counselling centre. As a result, they were deprived of the opportunity to object to the planning application, which was approved by officers. After the application was approved, the complainants learned that the centre would serve people who have been involved in substance misuse.

The Council accepts that it sent the notification letters to the wrong addresses but does not believe the outcome of the application would have been different if they had been received.

After interviewing members of the Development Control Committee at the time of the application, the Ombudsman agreed that the application was likely to have been approved if it had gone to Committee. But he also believes that the complainants have a justified sense of outrage at their lost opportunity.

The Ombudsman finds maladministration causing injustice and the Council has agreed to:

  • pay £250 to each couple to compensate them for their time and trouble and sense of outrage; and
  • carry out a review of its scheme of delegation to officers in respect of planning applications.

Date Published: 28/10/08