Case histories of council maladministration cover ups
Planning officer grants residential development on amenity land a developer covenanted to gift to council as public open space
When a developer was granted outline planning approval to build 230 homes on a site identified in the Local Plan as an Area of Local Landscape Significance, subject to a Planning Agreement requiring the developer to gift to Carlisle City Council land as public open space to extend an existing avenue of trees, you might expect planning officers would ensure the open space land is transferred to the council and the avenue trees planted. Wrong.
Bungling council officers fail to transfer the land to the Council. Instead the Development Control Manager, Alan Taylor, grants planning permission for houses and gardens on part of the open space land in contravention of Carlisle City Council's Scheme of Delegation, and fails to notify the Development Control Committee. When the planning officer's blunder is exposed, council officers attempt a cover up.
The Local Government Ombudsman comes to the perverse, irrational, and totally unhinged decision that the council was not at fault. The LGO deliberately concealed documentary evidence of maladministration, wilfully misrepresented the facts, and peddled the lies and deceit of inept and incompetent council officers.
How can the Local Government Ombudsman come to the perverse decision that the council was not at fault when residents have been denied the amenity benefit of the use and enjoyment of land that should have been gifted to the council as public open space?
Read more here.....
Planning officers turn blind eye to football pitch destroyed by developer
When Carlisle City Council granted planning permission for residential development on condition that within 12 months an adjoining football pitch is gifted to the council, you might think residents would be able enjoy the use of it. Wrong.
Bungling council officers allow the developers (Story Construction Ltd and Senator Homes) to destroy the football pitch, do nothing until someone complains, and then allows substandard reinstatement.
The Local Government Ombudsman comes to the perverse, irrational and completely unhinged decision that the council was not at fault. The LGO deliberately concealed documented evidence of maladministration, misrepresented the facts, and peddles the lies of inept council officers.
How can the Local Government Ombudsman come to the irrational decision that the council was not at fault when council officers failed to uphold the conditions of a planning permission and legally binding Planning Agreement, and the residents were denied the benefit of the use and enjoyment of the football pitch after it had been destroyed?
Read more here ....
Protected trees unlawfully felled - Tree Preservation Order sham
You might think that trees subject to a Tree Preservation Order (TPO) are protected from felling. Wrong. If protected trees happen to be in the way of developer Story Construction Ltd, planning officers at Carlisle City Council will give approval for them to be felled. To make matters worse, the incompetent officers fail to include replanting conditions in their felling consents, and don't enforce replanting requirements.
The bungling officers then grant consent to fell the wrong tree, grant consent to fell a tree the developer had asked to crown thin, then try and cover up their blunders, and do nothing to rectify it. When the developer unlawfully fells a couple of protected trees, unscrupulous council officers try to cover it up rather than take legal action to prosecute.
The Garlands Hospital TPO was made in 1999. Out of the 227 protected trees 54 (24%) have been felled. Both the Director and Head of Planning Services have declared an interest in the developer, Story Construction Ltd. The Head of Planning Services declared that a family member (daughter) is employed by Story Construction Ltd.
After initially proposing to discontiue the investigation, the Local Government Ombudsman reversed their decision and found maladministration causing injustice, but covered up much of the damning evidence of maladministration and of council officer's lies and deceit.
Read more here ....
Council officers fail to enforce landscape planning conditions
When planning permission was granted to build 230 homes on the periphery of Carlisle on a site identified in the Local Plan as an Area of Local Landscape Significance, you might expect planning officers would ensure that landscape planning conditions are complied with. Wrong.
Inept planning officers allow developers to start building work without an approved landscape scheme in breach of planning conditions. One developer completed the development without any approved landscape scheme, and the other developer did not submit a landscape scheme for approval until a resident complained 3 years after the development started.
The Local Government Ombudsman initially tries to cover up the maladministration and proposes to discontinue their investigation. Eventually the LGO change their mind, and finds maladministration causing injustice, but conceals much of the damning evidence of maladministration, and deliberately misrepresents the facts.
The Local Government Ombudsman failed to follow their own guidance and recommend the council take action to remedy all the breaches of the landscape planning conditions.
Read more here .....
Council officers ignore complaint procedures and conceal complaints from local councillors
When a resident makes complaints to Carlisle City Council you might expect the council would abide by their complaints procedures. Wrong.
The council's complaints procedures gives the complainant the right to put unresolved complaints before a Board of Arbitration of local councillors. But that never happens. Council officers deliberately ignored repeated requests by the resident to refer the complaints to a Board of Arbitration. Council officers do this as they know the Local Government Ombudsman will often cover up evidence of maladministration in favour of the council. The resident then has no option but to refer the complaints to the LGO.
The council officer appointed to investigate the complaints was also the subject of the complaints, so it was not surprising the council officer finds no fault.
The Local Government Ombudsman finds that the resident should have been given the right to put complaints before a Board of Arbitration, but fails to recommend that the council take action to enforce this right, and ensure the council's complaints procedures are followed.
Read more here ....
Planning officers turn blind eye to unauthorised sales office
When a house builder constructs a sales office at the entrance to a residential development site you might think it has planning permission. Wrong.
Carlisle City Council planning officers turn a blind eye to it, and then try to fool a resident into believing it doesn't require planning permission.
When planning officers first became aware of the sales office they failed to request the developer remove the sales office or apply for retrospective temporary planning approval. Instead they took no action.
The site of the sales office should have been planted with trees and a wall constructed in accordance with the planning permission and Planning Agreement. This was not done.
The council should have notified the local Valuation Office Agency of the sales office so it could be assessed for business rates. They failed to do so. These omissions led to the developer not paying any business rates on the sales office (a period of over 4 years).
The bungling council officers fail to serve an enforcement notice within the 4 year statutory time limit, and just hope the developer will remove the building.
The Local Government Ombudsman declines to investigate.
Read more here....
Unauthorised concrete block wall and fence - planning officers fail to uphold Planning Agreement and landscape conditions
When a developer constructs a wall and fence adjacent a cycleway/footpath on the edge of a new housing development, you might expect it has planning permission. Wrong.
The concrete block retaining wall, which was over 2 metres high with a wood fence above, is situated on land shown as amenity tree screen planting on the approved residential development plan and Planning Agreement.
Planning officers do nothing to enforce the landscape planning conditions and Planning Agreement, or to remove the wall and fence.
The Local Government Ombudsman declines to investigate the complaint.
Read more here....
Carlisle City Council Officers
Alan Taylor - Development Control Manager
Alan Eales - Head of Planning Services
Charles Bennett - Tree Officer
Chris Hardman - Local Plans & Conservation Manager
Catherine Elliot - Director of Development Services
John Nutley - Head of Customer & Information Services
The Head of Planning Services, Alan Eales, declared an interest in the developer, Story Construction Ltd. Alan Eales daughter was employed by this developer.
The Director of Planning Services also had an interest in the developer, Story Construction Ltd. A family member was employed by this developer.
It was not disclosed whether any brown envelopes (or the contents thereof) were passed from the developers to council officers.
Local Government Ombudsman Officers (York Office)
Richard Corney - Investigator
Chris Cobley - Assistant Ombudsman
Neil Hobbs - Deputy Ombudsman
Anne Seex - Local Government Ombudsman
The public servants who wilfully covered up council maladministration, deliberately concealed evidence of maladministration, wilfully misrepresented facts, manipulated evidence, disregarded their own published guidance on good administrative practice, and by their omissions condoned council malpractice.
References
Local Government Ombudsman Wiki
Summary Local Government Ombudsman Report - Carlisle City Council
Full Local Government Ombudsman Report - Carlisle City Council (PDF file)
