Parliamentary Ombudsman reports on MAZE case

A report by the Parliamentary Ombudsman analysing how the Planning Inspectorate dealt with a complaint made by MAZE Planning Solutions on behalf of a client has concluded that The Inspectorate's response was 'unfair and unjust'

The ombudsman investigated four cases where The Inspectorate had refused to compensate individuals or organisations for mistakes that had caused the parties to incur extra costs through no fault of their own.

In each of the four cases, The Inspectorate told those affected that it would not offer compensatory payments unless the Parliamentary and Health Service Ombudsman recommended that it do so.

The Inspectorate took this hard line approach because it had taken the decision to abolished its ex-gratia payment scheme in March 2011 as a cost cutting measure designed to contribute towards the organisation's need to make overall savings of around £9 million per year.

The Ombudsman concluded that The Inspectorate's approach to remedying complaints in the absence of a formal scheme was not acceptable.

"The decision not to pay financial remedies without a recommendation from the Ombudsman meant that the Planning Inspectorate expected individual people, in most cases, to bear the costs of mistakes made by the Planning Inspectorate. That was unfair and unjust"
 

The inspectorate ended up paying compensation totalling more than £100,000 to the complainants - with almost half of that figure accounted for by MAZE Planning's complaint, which related to the handling of enforcement appeals for a motocross track in the Lancashire Green Belt.

In light of the four cases, the Ombudsman recommended, and The Inspectorate accepted, that it should revisit 14 further complaints where compensation had been refused solely as a result of the closure of the ex-gratia payment scheme.

As a result of the report The Inspectorate made further compensatory payments, apologised to the parties involved and said that it had reintroduced the ex-gratia payment scheme to enable financial redress to be provided in appropriate circumstances.

The Ombudsman's report, A false economy: investigations into how people are recompensed for government mistakes is available here

A copy of the case specific report issued to MAZE Planning's client can be made available to interested parties - please email your request to Andrew Watt

Housing Application at Rossendale United

MAZE Planning Solutions has submitted an outline planning application for housing development on the former Rossendale United ground at Dark Lane, Newchurch, on behalf of the owner, Rossendale United Holdings Ltd.  The application follows public consultation undertaken in the spring and proposes a development of 50 family homes, together with a commitment to provide a financial injection to sport and recreation facilities serving the local community in Newchurch.

Rossendale United ceased to be an active football club at the end of the 2009/2010 football season when it was expelled from the Vodkat League because funds were not available to cover the costs of a playing campaign.  Significant debts had built up and there was no way of balancing the books.

In January this year the club’s redundant Dark Lane ground in the Newchurch area of Rossendale was subjected to an arson attack that destroyed the main stand, drawing attention to the need to identify a long term use for the site.

Andrew Watt of MAZE Planning Solutions said:

“We are pleased to have now moved on to the formal planning application process.  It brings the prospect of sorting out the mess that now exists at Dark Lane nearer to a conclusion. 

The need to improve the supply of housing development opportunities in Rossendale Borough is self-evident.  The land at Dark Lane is well suited to help the Council achieve that objective.  It sits in the midst of established housing and residential use is the only realistic alternative for it.

We will work through the application process carefully with the officers at Rossendale over the coming weeks and are hopeful of securing their support and a planning permission early in the New Year.” 

 The proposed development layout can be viewed here.

Helping Barnardo's in Blackpool

 

MAZE Planning Solutions is pleased to have helped children's charity Barnardo's establish a new donation centre and shop in Blackpool.

MAZE secured planning permission with the support of officers at Blackpool Council in August to enable Barnardo's to occupy a 550 sq.m (6,000 sq.ft) vacant unit at Cherry Tree Retail Park, Blackpool, FY4 4PH.

The new use combines a 'front of house' retail space together with a larger area devoted  to receiving, sorting and redistributing donated goods to maintain a flow of stock for the charity's established network of stores in the Fylde coast area.

MAZE acted for the retail park owner, Laketime Holiday Ltd.  

Letting agent: Robert Pinkus & Co 

Landlord's legal adviser: Napthens Solicitors

Planning Shake Up

Secretary of State Eric Pickles MP has outlined new measures today intended to give a shot in the arm to the development industry as Government searches for ways to heart-start the UK's stumbling economic performance. 

The reforms, which are proposed to be brought about swiftly to reduce planning delays, include:

• Relaxing permitted development rights for extensions to homes, shops and commercial premises
• Using the Planning Inspectorate to determine planning applications as a substitute for any local authorities with a track record of consistently poor performance.
• Broadening the definition of schemes that will be determined centrally by the Planning Inspectorate, as nationally significant infrastructure projects, to include some commercial and business developments.
• Speeding up the planning appeals process to help bring quicker decisions on commercial development projects in particular.
• Extension by a further year of the October 2009 provisions, Greater Flexibility for Planning Permissions, which enable extensions to the time limits for implementing planning permissions.  Permissions granted on or before 01 October 2010 which remain alive can be renewed by a simplified procedure if they are in danger of lapsing.
• Addressing the viability of developments that are tied to affordable housing contributions which, if reduced or removed, would help housing developments get started.  Local authorities are encouraged to deal with such matters positively and immediately, ahead of any legislative changes.

The Secretary of State's full statement can be viewed here. 

Gateshead Housing Application Submitted

MAZE Planning Solutions has submitted an outline planning application for development of 7 houses in the village of High Spen, Gateshead, on behalf of the owner, Northern Properties.

Maze first secured planning permission for development on the site in 2006.  The revised scheme provides an alternative form of housing to appeal to the current market and preserves an existing home on the site which was previously due to be sacrificed to the development scheme.

Click here for a 3D image of the proposed scheme

Interested purchasers can contact Stephen Smith at Ashley Smith Chartered Surveyors in Durham for further details.

Planning Application Fees - Autumn Increase

Decentralisation Minister, Greg Clark has issued a written statement this afternoon, announcing an increase in planning application fees of 15%, which will take effect in the autumn.

Current fee rates were set in 2008 and the proposed increase is described by Clark a "one-off adjustment to up-rate fees in line with inflation".

The increase is intended to address a shortfall in fee income against the cost of processing applications, the balance of which Clark says, "has to be subsidised by ordinary council tax payers, who end up subsidising the planning process".

The announcement seems to have ended the possibility of Local Authorities being able to set their own planning application fee rates - that change to the present system was subject to consultation in November 2010, launched by Greg Clark.

Rossendale United - Planning Application Imminent

Coverage in this week's Lancashire Telegraph confirms that preparations for submission of a planning application for housing development on the former Rossendale United football ground are at an advanced stage.

MAZE Planning Solutions is leading the application process, following on from public consultation undertaken during the spring which sought feedback on the proposed 50 home development. 

Click here to read the Lancashire Telegraph Article.