Local Government Ombudsman
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London Borough of Greenwich (06B05262 + 4 others)

Planning applications                 Maladministration causing injustice

9 October 2008

There were failures in the way Greenwich Council handled its own planning application for an extension to a school. The Ombudsman said “As it was considering its own proposals for development, the Council should have ensured that it was meticulous in complying with procedures for considering the application and that it was transparent in doing so. Its failure to do so here undermines the Council’s ability to earn the trust of the public.”

Five people complained about the way the Council handled a planning application to build a single-storey and two-storey extension to a school. The application was submitted by the Council in its role as local education authority. The complainants also said that the development was larger than indicated by the approved plans.

The Council acknowledged that it failed to apply to the Secretary of State for Listed Building and Conservation Area Consents, both of which were required. The Ombudsman’s investigation found that the Council also:

  • did not take adequate care to ensure that some of the letters notifying residents of the application were correctly addressed, and this contributed to a missed opportunity for the complainants to object to the application; and
  • failed to identify correctly the status of one complainant’s property in the Committee report, and this meant he could not be certain that his amenity had been properly considered.

Although the Ombudsman was not persuaded that the outcome would have been any different had the maladministration not occurred, he considered that the complainants had a justified sense of outrage.

Remedy

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

  • pay compensation of £1,500 to one complainant and £500 to each of the other four complainants;
  • review whether the development was being built in accordance with the plans; and
  • review its procedures for considering applications for Council developments.

LGO satisfied with the Council's response: 6 May 2009

Date Updated: 10/12/09