Added on 30/12/2011Ombudsmen Case

UK Local Government Ombudsmen - Complaint Summary


West Dorset District Council (02/B/13675)



Consideration/neighbour amenity

‘Mr and Mrs Simpson’ (not their real names) complained that the Council failed to consider properly their objections to a planning application for an extension and alterations to a neighbouring property. They also complained that the Council advised them wrongly about their legal rights and failed to inform them that they could complain to the Ombudsman.

Mr and Mrs Simpson objected to the application on a number of grounds, including overlooking exacerbated by a difference in ground levels. The case officer noted the existence of a substantial evergreen hedge on the boundary between the application site and the Simpsons’ home, which he thought would be retained to screen between the properties. However, no condition was imposed to this effect, and the hedge was removed prior to the commencement of building work. In addition, the information on the planning file did not adequately record the considerations the planning officer took into account in granting planning permission under delegated powers.

When Mr and Mrs Simpson enquired about the possibility of challenging the planning decision and seeking compensation, they were advised that there was no such right, albeit later they were correctly advised that the legality of a decision could be challenged in court, but not the planning merits. In addition, when Mrs Simpson asked what remedy was available for those treated unfairly by the Council, she was not told of her right to complain to the Ombudsman although the Council’s website and its complaints leaflet referred to the Local Government Ombudsman service.

The Ombudsman took the view that the complainants had suffered some loss of amenity which could have been avoided if the retention of the hedge had been conditioned. He found maladministration causing injustice to Mr and Mrs Simpson and recommended that Council should pay them £1,000, to assist them in taking remedial measures to mitigate the overlooking they now suffer and in recognition of their time and trouble in pursuing the complaint.

21 August 2003




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