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Annual Report of the Ombudsman 2008 (text version)

5.2.1 Selected Cases - Council compensates planning objector for error in failing to notify decision

A couple lodged an objection to a planning application and received an acknowledgement from Dún Laoghaire-Rathdown County Council. The council made a decision to grant planning permission but omitted to notify them of its decision. When they made enquiries with the council and discovered that planning permission had been granted, it was outside the statutory timeframe to make an appeal to An Bord Pleanála. The decision was made in the week before Christmas - a lapse in concentration by a staff member in what the council said was a very busy period. While the council admitted that it had omitted to notify the couple and apologised for the administrative oversight, it stated that there was nothing it could do to remedy the consequences of this failure.

We suggested a compensation amount of €1,000 and the council agreed to this amount as full and final settlement to include the objector's fee and any legal fees that might arise.

The council said also that additional manual checks had been put in place to ensure this type of error is not repeated.

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