Agenda Item No. 22

 

 

THE VALE OF GLAMORGAN COUNCIL

 

CABINET MMETING: 4TH JULY, 2007

 

REPORT OF THE MONITORING OFFICER

 

COMPLAINT OF MALADMINISTRATION AGAINST THE COUNCIL

 

Purpose of Report

 

1.         To advise Members of the outcome of an investigation conducted by the Commissioner for Local Administration in Wales into an allegation of maladministration against the Council.

 

Relevant Issues

 

2.         The following complaint of maladministration has been submitted to the Local Commissioner (Ombudsman):

 

(a)   By Mr. A. of Llantwit Major who, in April 2007, complained that the Council had failed to monitor the erection of a rear extension to ensure that it complied with the planning permission, as originally granted.

 

         Upon investigation, the Ombudsman noted that the Council had informed Mr. A. of the original planning application and that Mr. A. had not objected to it.

 

         In response to Mr. A’s communication with the Council that the extension was not being built in accordance with the approved plans, the Council visited the site and agreed that the building was different to that which had been approved.  The Council had asked that the developer submit an amended application in order that the changes could be formally considered.

 

         Mr. A. was informed by the Council that the information it had been provided suggested that the amendments would be approved, although there was still time for Mr. A. to submit any objections to the amended plans.

 

         The Ombudsman also noted that the Council could take enforcement action against the developer should it decide that the changes were not acceptable.  This action would be discretionary and as such, was not a matter that the Ombudsman would interfere with in the absence of maladministration.


 

 

         Having considered the complaint carefully, the Ombudsman declined to investigate.

 

         (Scrutiny - Economy and Environment)

 

Resource Implications (Financial and Employment)

 

3.      None.

 

Legal Implications (to include Human Rights Implications)

 

4.      None.

 

Crime and Disorder Implications

 

5.      None.

 

Equal Opportunities Implications (to include Welsh Language Scheme Issues)

 

6.         None.

 

Corporate Opportunities Implications (to include stakeholder consultation and Voluntary Sector Implications)

 

7.         None.

 

Policy Framework and Budget

 

8.         This issue is not a matter which forms part of the Policy Framework and Budget and is therefore a Cabinet function.

 

Consultation

 

9.         None.

 

RECOMMENDATION

 

It is recommended that the report be noted.

 

Reason for decision

 

To inform the Cabinet and Council.

 

Contact Officer:  Chris Hope (Tel: 01446 709855)

E-mail:  CHope@valeofglamorgan.gov.uk

 

 

P.H. Evans

Monitoring Officer