Local Government Ombudsman

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Herefordshire Council (08 004 420)

Planning applications                 Maladministration causing injustice

29 July 2009

There were significant flaws in the way Herefordshire Council granted permission for a new house next to a listed building. The Ombudsman said that, because of the Council’s failure to notify the complainants of an additional first-floor window that overlooked their property, they “lost the opportunity to influence the Council’s decision making on a change to the design of the new house that went to the heart of their objection and concern about the impact of the development on their amenity.”

‘Mr Ash’ and ‘Mrs Birch’ (not their real names for legal reasons) lived in a Grade II listed thatched house in a conservation area. They complained about the way the Council granted planning permission for a for a new house next to their home, particularly in relation to the plans showing the relative positions of the buildings, and about an amendment to the application that added a new window facing their home. They said they were overlooked where this was not the case before, and by a house that was out of scale and keeping with its surroundings.

The Ombudsman found that the Council:

  • considered a report that lacked completeness and precision on the distance separating the new house from the complainants’ home;
  • failed to have proper regard to the complainants’ situation when it received the developer’s request for amendments to the planning permission;
  • failed to inform the complainants of a proposal for an additional window that significantly altered the appearance of the new house when seen from their property; and
  • relied on a plan provided by the applicant that was fundamentally incorrect.

Remedy

The Ombudsman found maladministration causing injustice and, in accordance with his recommendations, the Council:

  • paid Mr Ash and Mrs Birch £1,250 for their outrage, lost opportunity and uncertainty;
  • made them a formal apology for the mistakes identified; and
  • reviewed its procedures and staff training on amendments to planning applications and planning permissions in the light of the issues highlighted in the complaint.

LGO satisfied with Council's response: 28 January 2010

Date Updated: 08/02/10