Durham City Council (04C17368)

Planning applications                 Maladministration causing injustice

09 August 2007

The complaint

Mr Z complained that the Council gave planning permission for a large indoor football stadium to be built where it was highly visible from rail and road routes into a historic city. At one point, the stadium impinged on the view of the cathedral from a main approach road to the city. It was also clearly visible from the main railway line.

Background

The Council had specific policies in its local plan designed to protect and enhance the environment. One particular policy – E11 – was concerned with areas visible from transport corridors and said that the council would protect and enhance areas visible from the road network, railway lines and recreation routes by not permitting development that unacceptably adversely detracted from them.

The Ombudsman’s view

The Ombudsman accepted that the Council had the right to apply its policies as it saw fit in the circumstances. In this case, however, the Council did not bring policy E11 to the attention of the development committee who could not, therefore, take it into account when deciding to grant planning permission for the stadium.

The Ombudsman said that the stadium was built “…in a landscape that was supposed to be specifically protected…”. Mr Z, who lived on the opposite side of the valley looking towards the cathedral, could reasonably have expected this view to be protected, preserved and enhanced.

The outcome

The Ombudsman found maladministration and the Council agreed to her recommended remedy, which was to commission an independent landscape consultant to examine the site and produce a report and recommendations outlining what, if anything, could be done to reduce the visual impact of the building. The Council would then consider these recommendations and decide whether any of the actions identified should be taken.

Date Updated: 13/01/09