GAZETTE & HERALD: A neighbour of Whitehall Garden Centre could be due thousands of pounds in compensation from North Wiltshire District Council after a Local Government Ombudsman found evidence of maladministration causing injustice.

Mike Newbury, whose property in Corsham Road backs onto the garden centre, is due compensation because the district council failed to follow up his complaints about the retail outlet's breaches of planning control, according to Ombudsman Jerry White.

Mr White also recommended the district council pay rural campaign group, the Campaign to Protect Rural England (CPRE), which brought the matter to his attention, £500 compensation.

The Whitehall planning dispute is one of three the CPRE highlighted, the other two being a storage depot at Yatesbury and the Jardinerie Garden Centre near Wootton Bassett.

The district council took the judgement on the nose, according to the Ombudsman, and while admitting enforcement had been patchy said big strides in turning the situation around had been made.

But Coun Toby Sturgis was critical of the district council's handling of the planning matters.

"I appreciate the excellent work now being done by the enforcement team, but why did the Lib Dem Executive ignore the recommendations from a cross party working group to use all of the grant provided by the government for planning improvements, resulting in lack of resources for the enforcement team?"

Mr White issued his report on Tuesday and warned the district council to review its enforcement resources and consider a more formal consultation route for amenity societies, such as the CPRE.

The CPRE had complained there was a general failure by the district council to investigate complaints of breaches of planning control properly, a failure to take enforcement action and a failure to keep complainants informed of the progress of enforcement actions.

The CPRE identified three sites to illustrate these failings.

In the case of Whitehall Garden Centre, it had a planning condition limiting the type of goods that may be sold and Mr Newbury complained the district council had failed to take action to enforce breaches of planning control at the site, including the sale of goods not permitted and the erection of Portakabins without planning permission.

He was told the developer would have to make a planning application for the Portakabins but the district council did not pursue this and no conditions were imposed on the use.

Mr Newbury also complained about the intensification of use and, after an investigation in 2002, the district council wrote to Whitehall about the breach of planning control and refused to issue a certificate of lawful use or development. Councillors also declined the

opportunity to negotiate a legal

agreement, voting to pursue enforcement action.

Now, having taken legal advice, the district council is negotiating with the owners of Whitehall and has undertaken to keep Mr Newbury informed of the outcome.

The Ombudsman found that there had been failings in the way the Council investigated complaints and in the way it communicated with complainants.

The complainants had suffered frustration and, in the case of the nearby local resident, falsely raised expectations and a loss of amenity, Mr White found.

Mr White also recommended Mr Newbury be paid £4,000 for his loss of amenity and for his time and trouble in pursuing the complaint.

A spokesman for the district council said they could not comment on the individual cases until the report had been discussed at Executive tonight.

A spokesman for Whitehall Garden Centre declined to comment.

"It is very unfortunate the council did not take enforcement seriously over the years," said Coun Dick Tonge.

"They talk about improvements but lots of people suffered because of the lack of enforcement over many years. The ombudsman has done a very accurate and thoughtful report."