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Planning applications Maladministration causing injustice
26 June 2008
Caradon District Council granted permission for a raised parking platform without taking all relevant policies into account. The Ombudsman says “…had the Council considered the first planning permission without maladministration it is my view that in all likelihood Members would have refused that permission.” ‘Mr and Mrs Oakham’ and ‘Ms Buckingham’ (not their real names for legal reasons) both live on an unadopted road on a hillside. Some of the properties on this road have platforms built out from the hillside to provide parking and other accommodation. The Council granted planning permission for a new parking platform near to the Oakhams’ and Ms Buckingham’s homes, and they complained about the way this was handled. On investigation, the Council agreed that it had failed to properly consider all relevant planning policies when it granted permission, leading the Oakhams and Ms Buckingham to conclude that, but for this error the permission may not have been granted. The Council has since refused to grant permission for a similar platform on a different site nearby, although officers recommended approval. The Ombudsman found that the Council failed to properly consider the first planning application and left itself in a weaker position to defend any future applications. The Council’s decision to refuse an application for a similar platform on a nearby site led the Ombudsman to conclude that, but for the maladministration, the Council may have refused the first planning permission. The Ombudsman finds maladministration causing injustice and recommends the Council to:
Date Updated: 10/10/08
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