Council's big failure
SERIOUS faults by Epping Forest District Council resulted in two houses being built on a Green Belt site instead of one, Local Government Ombudsman Tony Redmond has found.
In a report the Ombudsman highlights failure to carry out basic planning procedures which has allowed development completely contrary to council and government policy and damaged the integrity of the Green Belt.
In January last year the council received a planning application for a new house on a large, isolated site within the Metropolitan Green Belt near Theydon Bois.
The application was unclear and the council failed to clarify with the developer exactly what was proposed. It then failed to accurately compare the existing development on the site with what was proposed, and did not properly consider whether the proposal met its own policies on development in the Green Belt.
The council granted permission on the basis that the existing house on the site would be demolished. But it then failed to ensure a condition requiring this was included in the planning consent. Allowing an additional dwelling was completely contrary to both its own and government policy. There should have been one house on the site. There are now two.
Mr Redmond said: "The handling of this planning application was a catalogue of very serious fault."
The council also failed to notice that amended plans for the site increased the height of the proposed development. It took into account irrelevant information in deciding it could not revoke the planning permission it had granted. And it has failed to keep proper records of the application history.
The council's failings represent significant maladministration and the Ombudsman believes the case highlights salutary lessons from which other councils should learn.
The Ombudsman's investigation followed a complaint from a group of local residents, the Theydon Bois and Abridge Action Group.
He recommended that the council pays the action group that brought the complaint £250 to reflect the time and trouble they have taken in pursuing their complaint and the sense of outrage they must feel, and undertakes a further review of its policies and procedures in the light of what he has said in his report.
The district council said it apologised for the series of mistakes saying: "Administrative errors combined with heavy workloads, staff vacancies, new procedures and a drive to reduce decision times may have contributed to the errors".
A statement added: "The low level of compensation reflects the Ombudsman's view that despite the mistakes, little direct harm was caused to the complainant."
Councillor Anne Grigg, who became portfolio holder for planning and economic development after the permission was issued, said: "We've let down the residents of Epping Forest in this case and I'm sorry for the harm this has caused. We've accepted the findings of the Ombudsman. Changes to our systems had already been put in place before his report and we will now take a hard look at his recommendations to see where further improvements can be made."
Mrs Grigg added: "With around 2,000 planning applications each year it's impossible for councillors to consider every case. We rely on our staff to deal with much of the workload under delegated authority. There was a series of errors but I'm pleased to see the Ombudsman accepted our staff acted in good faith throughout."
"The Planning Service is under tremendous pressure. Not only do we have a huge number of applications to handle but we're under constant Government pressure to speed up decision times."
"At the time of this case the service was also in the middle of a major internal reorganisation and experiencing serious staff shortages."
"Senior officers were also heavily involved in the defence of the district against the East of England Plan development proposals."
"However, whatever the circumstances, we made a series of mistakes and I would like to assure residents that lessons will be learned."
Source: Guardian-series (30/12/2006)
Other articles
Under-fire leader of council may face disciplinary action (02/12/2006)
Watchdog slams council planners (08/12/2006)
Compensation for council failures (12/12/2006)
Council admits gaffe (12/12/2006)
A sinister obsession in the Town Hall (14/12/2006)
Suspended councillor: 'I won't resign' (14/12/2006)
Ombudsman in stern rebuke to councillors (22/12/2006)
£10,000 for pair quizzed on morals (23/12/2006)
council complaints
CFO expelled
what law
what law: retribution
freedom of expression
what is maladministration
access to information
contact us
council corruption
nolan report
disclaimer
links
privacy policy
mud, dirt and filth
no, its a service request
£10K write off
council maladministration
misconduct news
sitemap