Planning error sees oversized building next to Redbridge homes
Householders, whose homes may have been devalued by a planning error, are to be compensated by the London borough which made the mistake.
Three complainants approached the Local Government Ombudsman (LGO) claiming that the London Borough of Redbridge did not tell them about a proposed development by a school which adjoins their homes.
The school applied for approval to create a building with a 4.15m blank brick wall along the length of the side boundary of two of the claimants’ properties (who live in the same converted terraced house) and across the whole width of another’s back garden.
They claim the subsequent development, which had permission granted in April 2009 and where work began in July 2011, has had a significant adverse impact on their homes.
The LGO found that while there was insufficient evidence to suggest that the council failed in its duty to notify nearby residents, it did find that the council had not fully and properly assessed the design of the development and its impact on residential amenity against its own planning policies.
Dr Jane Martin, Local Government Ombudsman, said:
“The approval process failed to take into account the overbearing impact that the wall would have on neighbouring properties and the character of the surrounding area.
“I believe that had there been a full and proper assessment of the design of the development and its impact, the planning application would have been refused. I also note that a senior council officer has said that permission would be ‘unlikely’ if the same application were submitted today.”
The LGO considers that the value of two of the complainants’ properties may have been adversely affected by the development. The council has agreed to the LGO’s recommendation to commission the district valuer to carry out a valuation on those properties and pay the complainants the difference between the amount their homes are worth now, and the amount they would have been worth had a smaller, more appropriate development, taken place.
In addition to this, the ombudsman has also asked the council to pay £100 to each of the three complainants to acknowledge the time and trouble they have taken in pursuing their complaints.
Article date: 21 August 2013