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Planning applications Maladministration causing injustice
07 October 2008
Ealing Council should not have issued a lawful development certificate (LDC) for an extension within a conservation area. The Ombudsman says, “Given that [the complainant’s] neighbour works for the Council, it should have taken more robust action to seek to have the LDC revoked when it became aware of its error”, and recommends it to pay compensation to the complainant. ‘Mr Jackson’ (not his real name for legal reasons) complained about the Council’s decision to grant a LDC for a ground floor extension to the rear of his neighbour’s property, within a conservation area. Mr Jackson’s neighbour works for the Council. The Ombudsman’s investigation found evidence that the Council failed to identify the fact that permitted development rights to carry out such work had been withdrawn in the conservation area. The Council should have recognised the fact that planning permission was needed for the proposed extension. This is unlikely to have been granted, as the extension was contrary to the Council’s Design Guide for the conservation area. The Ombudsman found no evidence to indicate that the Council’s decision was due to any impropriety, but he says: “Nevertheless, the fact that a lawful development certificate has been issued to the partner of a Council officer, who may at times have worked alongside the Planning Officer who dealt with the application, means the perception of impropriety is difficult to remove. That Mr Jackson should be sceptical about the claim that the decision was due to error rather than impropriety is understandable.” The Ombudsman finds that the Council was wrong to issue the LDC for the extension. As a result, Mr Jackson will have to live next door to an extension that is larger and closer to his property than would have been the case if the Council had dealt with the matter properly. In order to remedy the injustice caused to Mr Jackson the Council should:
Date Updated: 28/10/08
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