Local Government Ombudsman

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East Devon District Council (08 001 393 + 1 other)

Planning applications                 Maladministration causing injustice

10 March 2009

East Devon District Council mishandled an application to regularise existing use of a caravan site. The Ombudsman said that the Council’s faults meant that 47 pitches on the site were now authorised to station caravans, instead of five.

Residents complained about the way the Council handled an application for a certificate of lawfulness of existing use for a caravan site bordering their properties. They alleged that the Council failed to properly consider the evidence to establish whether the applicant could demonstrate 10 year use of the site in the manner she described. They said the Council unreasonably issued a certificate allowing 47 pitches to be used when the applicant had submitted no evidence to suggest that the site had ever been used for the stationing of that many caravans.

The Ombudsman found fault in the way the Council dealt with the application in that it failed to have adequate regard to the information available to it, and took irrelevant factors into account, leading it to authorise an intensification of use of the site.

The Ombudsman did not conclude that the Council should not have granted a certificate at all. However, he considered that the conditions imposed on that certificate would have been different had the maladministration he identified not occurred. The complainants were therefore caused an injustice as it is possible they would experience additional noise nuisance and concerns about traffic safety. In addition, the quiet setting of their properties was affected.

Remedy

The Ombudsman found maladministration causing injustice and recommended the Council to: 

  • commission independent valuations of the residents’ properties on the basis of five caravan pitches against 47 and pay them the difference between the valuations, if any;
  • pay a further sum of £250 to each household in recognition of their time and trouble in pursuing their complaints; and 
  • draw up guidance for staff dealing with applications for certificates of lawfulness.

LGO satisfied with Council's response: 21 September 2009

Date Updated: 10/12/09