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Planning enforcement Maladministration causing injustice
21 January 2008
Plymouth City Council delayed in taking enforcement action over non-compliance with planning conditions at industrial premises. The Ombudsman said that, in view of the number of residents’ complaints about noise and odour nuisance, “I consider that the Council should have acted much sooner to secure implementation of an adequate environmental protection scheme”. ‘Mr Moore’ (not his real name for legal reasons) complained that the Council did not consult him or his neighbours about a planning application for industrial premises near his home and failed to ensure compliance with the planning permission issued in 2001. The Ombudsman found that the Council correctly applied its neighbour notification policy, but failed to monitor whether the company operating on the site was complying with planning conditions. Mr Moore and his neighbours made several complaints about noise and fumes from the company’s operations, and the Council’s failure to ensure prompt compliance with planning conditions resulted in delay in securing an acceptable environmental protection scheme.
Remedy
The Ombudsman found maladministration causing injustice and recommended that the Council:
LGO satisfied with Council's response: 21 May 2009
Date Updated: 10/12/09
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