Local Government Ombudsman
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North Norfolk District Council (05B02502 + 10 others)

Planning applications & HIghway management

Maladministration causing injustice

24 August 2006

Residents complained about the way the Council handled a planning application to build an affordable housing development in their village. The development was on the edge of a conservation area. The Council approved the application contrary to the advice of both its planning officers and the County Council Highways Authority that it should be refused because the access arrangements were contrary to its highway safety criteria. The Ombudsman found that the Council failed to give a reasoned decision for disregarding that advice.

The Ombudsman did not find that the planning outcome would have been different in terms of its impact on residential amenity had the faults not occurred. But he found that the residents who complained had been caused a justified sense of grievance by the Council’s actions and that they were understandably anxious about the consequences for road safety in their village.

The Ombudsman recommended that the Council should:

  • pay each of the complainants compensation of £250;
  • review its current procedures for referral of applications likely to affect the character and appearance of conservation areas within the district;
  • review the process by which the views of the County Council Highways Authority are reported to committees that decide planning applications; and
  • in conjunction with the Highway Authority, explore what measures might now be taken to improve road safety in the village, the cost of any improvements to be funded by the Council.
     

Date Updated: 30/01/09