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East Devon Council criticised over caravan site

Archived press release

Date Published: 18/03/09

The Council's mishandling of an application to regularise existing use of a caravan site led to more caravans being authorised on the site than before.

East Devon District Council mishandled an application to regularise existing use of a caravan site, finds Local Government Ombudsman, Jerry White. In his report, issued today (18 March 2009) he says that the Council’s faults mean that 47 pitches on the site are now authorised to station caravans, instead of five.

Residents complained about the way the Council handled an application for a certificate of lawfulness of existing use for a caravan site bordering their properties. They allege that the Council failed to properly consider the evidence to establish whether the applicant could demonstrate 10 year use of the site in the manner she described. They say the Council unreasonably issued a certificate allowing 47 pitches to be used when the applicant had submitted no evidence to suggest that the site had ever been used for the stationing of that many caravans.

The Ombudsman found fault in the way the Council dealt with the application in that it failed to have adequate regard to the information available to it, and took irrelevant factors into account, leading it to authorise an intensification of use of the site.

The Ombudsman did not conclude that the Council should not have granted a certificate at all. However, he considers that the conditions imposed on that certificate would have been different had the maladministration he identified not occurred. The complainants have therefore been caused an injustice as it is possible they will experience additional noise nuisance and concerns about traffic safety. In addition, the quiet setting of their properties has been affected.

The Ombudsman finds maladministration causing injustice and recommends the Council to:

  • commission independent valuations of the residents’ properties on the basis of five caravan pitches against 47 and pay them the difference between the valuations, if any;
  • pay a further sum of £250 to each household in recognition of their time and trouble in pursuing their complaints; and
  • draw up guidance for staff dealing with applications for certificates of lawfulness.
     

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