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Planning enforcement Maladministration causing injustice
06 December 2007
Ealing Council’s error allowed a roof extension to be built that was larger than should have been permitted. The Ombudsman found that the Council wrongly issued a lawful development certificate for the extension, having failed to recognise that it was too large. The Ombudsman said the extension was “particularly imposing” when viewed from the neighbour’s home, and recommended the Council to pay compensation to the neighbour. ‘Mrs Harding’ (not her real name for legal reasons) complained about the Council’s decision to grant a lawful development certificate for her neighbour’s roof extension, which was too large to be considered as permitted development. The Ombudsman found that the Council was wrong to issue a lawful development certificate for an extension that exceeded the levels allowed under permitted development. It should have recognised the fact that planning permission was needed for the proposed extension. As this was unlikely to have been granted, Mrs Harding would have to live next door to an extension which was significantly larger than would have been the case if the Council had dealt with the matter properly.
Remedy
In accordance with the Ombudsman's recommendations, the Council:
LGO satisfied with Council's response: 1 June 2009
Date Updated: 11/12/09
are in .pdf format. To view these files you will need the Adobe Acrobat Reader software. It can be downloaded below free of charge. Click To Download