South Oxfordshire DC (08 015 461)

Planning applications                 Maladministration causing injustice

28 July 2010

There were multiple errors in the way South Oxfordshire District Council considered an application for a replacement property in an area of outstanding natural beauty. The Ombudsman said: “The Council recognised … that it had failed to deal with the first application properly…” and listed six specific errors. She went on “It was only the action taken by [the complainants] on the advice of their legal team that prevented the Council from issuing a decision notice thereby granting planning permission with maladministration.”

‘Mr and Mrs Beech’ (not their real names for legal reasons) complained about the Council’s failure to properly consider its own policies, guidance and procedures when it resolved to grant planning permission to their neighbours to replace the existing bungalow with a larger, two-storey property.

The Ombudsman found maladministration causing injustice because the Council failed to:

• properly record a datum point for levels agreed with an officer on site
• ensure appropriate plans were submitted in accordance with earlier planning conditions
• notify Mr and Mrs Beech of a minor amendment to the planning application 
• publicise an application as a departure from its development plan policy, or
• correctly report information to members.

This led to Mr and Mrs Beech losing confidence in the Council’s decision-making process and to believe that the building now near their home may not have been built had the Council properly considered the matter in 2006.

Subsequently, a largely new planning committee undertook a site visit (with the building almost complete) prior to considering the planning application afresh in 2008. Members had all relevant information, including the benefit of expert comments, and objections submitted by Mr and Mrs Beech both in writing and in person. The Ombudsman therefore concluded that their eventual decision to grant permission was made without maladministration.

Remedy

In accordance with the Ombudsman's recommendations to remedy the injustice caused to Mr and Mrs Beech, the Council:

• apologised to Mr and Mrs Beech
• paid them £5,000 as a contribution to the costs they reasonably incurred in taking professional advice that led to the Council reviewing its original decision and acknowledging the faults 
• paid them £500 as a contribution to their time and inconvenience in making a complaint to the Council and the Ombudsman, and
• reviewed its procedures to prevent such a situation occurring again. 

LGO satisfied with Council's response: 28 October 2010

Date Updated: 29/10/10