11 June 2010
Mr D Williams
Chief Executive
Portsmouth City Council
DX 2244
Portsmouth
Our ref: 10 000 639/B2/BAM
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If telephoning contact: Brian Miles on 024 7682 0034
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Dear Mr Williams
The Local Government Ombudsman has received a complaint by Mr K Edmunds of 23 Broad Street, Portsmouth PO1 2JD. I enclose details of the complaint, which I am now investigating.
Here is a summary of the complaint as I understand it:
That the Council:
failed to implement a decision and instruction of the Planning Committee on 13 January 2010 to pursue a prosecution for non-compliance with an enforcement notice served in relation to breaches of planning control at 2 West Street, Portsmouth;
gave misleading information on the extent of the action taken to implement the decision and instruction of the Planning Committee on 13 January 2010;
failed to make available in the public gallery at the Planning Committee meeting on 3 March 2010 the green supplementary sheet;
failed to make available on the Council's web site or to members of the public prior to the Planning Committee meeting on 3 March 2010 an Annex on Light Loss calculations referred to in the Brief for the site as presented to the Committee;
failed to explain why the designated planning case officer for the first two deferred committee meetings about the development was replaced by another case officer for the Planning Committee meeting on 3 March 2010;
failed to explain why the replacement case officer stated to the Planning Committee meeting on 3 March 2010 that light calculations had been carried out on a first floor window of the complainant's house, when a document he received from the planning department on 26 February 2010, that he was told was the Annex to the Brief and had been cleared by a senior officer, showed that it was not;
based the consideration of the matter by the Planning Committee on 3 March 2010 on an incorrect and misleading statement by a senior officer that a decision on a previous complaint to the Ombudsman had related to 2 West Street when the complaint had been about development at 10 West Street; and
gave inadequate consideration to the complainant's formal complaint about the above matters, failed to respond to the questions put and delayed unjustifiably in considering the complaint.
Please send me your comments on the complaint so that they reach me within 28 days of the date of this letter. In addition to your general comments, please would you provide the following information:
A chronology of the events leading up to the submission of the complaint.
Describe the action taken by the Council to investigate alleged breaches of planning control at 2 West Street, Portsmouth and to implement a decision and instruction of the Planning Committee on 13 January 2010 to pursue a prosecution for non-compliance with an enforcement notice served.
Comment on the complainant's record of the information available to the public prior to and at the Planning Committee meeting on 3 March 2010 about the development at 2 West Street.
Say why the planning case officer for 2 West Street was replaced following the two committee meetings when consideration of the development was deferred.
Comment on the complainant's record that misleading information was given to the Planning Committee on 3 March 2010 about light assessments and a decision on a previous complaint to the Ombudsman.
Say what steps were taken to consider the complainant's formal complaint of 7 March 2010 and related correspondence.
Please bear in mind that your comments and any accompanying documents will usually be shown to the complainant.
The Ombudsman always welcomes attempts to settle complaints locally. Please let me know if you feel that this might be possible in this case.
Yours sincerely
Brian Miles
Senior Investigator
Enc: Copy details of the complaint
The Oaks No 2 Westwood Way Westwood Business Park Coventry CV4 8JB |
T: 024 7682 0000 F: 024 7682 0001 DX:DX 702110 Coventry 6 W: www.lgo.org.uk Advice Team: 0845 602 1983 |
Jerry White Local Government Ombudsman Neville Jones Deputy Ombudsman |