A DECISION to approve plans for a house extension at Appleton was not affected by maladministration in the planning process, the Local Government Ombudsman has ruled.
Although there was evidence of maladministration, it did not provide a basis to challenge the planning decision.
A neighbour reported the borough council to the Ombudsman in
respect of a planning decision involving a property in Kingsley Drive, Appleton.
He alleged the council had not properly considered its own planning guidance, particularly in respect of the height of the roof and the 45 degree code, which is designed to prevent extensions obstructing neighbours’ views.
The Ombudsman said guidance was breached in both cases, but this in itself did not amount to maladministration.
In the case of the 45 degree code, the planning officer explained in his report why the plan was still acceptable, but in respect of the roof height he did not deal with the breach in his report. This could be considered to be maladministration.
However, in neither case was the committee’s final decision affected.
