Local Government Ombudsman
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Wycombe District Council (06A04924 + 3 others)

Planning applications                 Maladministration causing injustice

19 April 2008

The Council missed the deadline for refusing planning permission for a telecommunications mast, so the phone company received ‘deemed consent’ to erect it anyway. The Ombudsman finds that the Council also failed to tell residents what had happened, so they were shocked when the mast was built, as they were not expecting it. The mast was in place for six months, and the Ombudsman recommends the Council to pay £300 compensation to each of the four complainants, plus a further £250 each for their time and trouble.

The Ombudsmen have received a considerable number of complaints about planning permission for telecommunications masts in the past few years, and they intend to issue a special report later this year, highlighting the lessons learned and setting out recommendations for the better handling of this type of planning application.

‘Mr Stewart’, ‘Mr Wood’, ‘Mr Curren’ and ‘Mr Potter’ (not their real names for legal reasons) complain that the Council was at fault in that it:

  • failed to determine an application for a telecommunications mast within 56 days of receiving it, resulting in the applicant obtaining deemed consent to erect it;
  • delayed in either notifying residents about this or publicising it; and
  • failed to assist residents in pursuing this matter with the applicant.

The Council admitted it was at fault over not determining the application in time, and encouraged the residents to complain to the Ombudsman. The Ombudsman upheld the parts of the complaint about delay, but did not uphold the allegation that the Council failed to assist residents in pursuing the matter.

He finds maladministration causing injustice and recommends that the Council should:

  • pay compensation of £50 per month to each complainant for the uncertainty and distress caused during the six months that the mast was in place, totalling £300 each; and
  • pay £250 to each complainant for their time and trouble.

Date Published: 16/10/08