SWINDON Council could be forced to pay thousands of pounds in compensation after allowing an eyesore mobile phone mast to be placed in the middle of a residential street.
The council's planning department failed to object to the One2One transmitter being constructed in Ermin Street, Stratton St Margaret, within a designated 28-day time limit.
It meant the mast could go up even though it had been refused planning permission.
And now Local Government Ombudsman Jerry White has found the council guilty of maladministration causing injustice and has ordered it to pay compensation for the loss in value to the homes affected.
It marks the end of a three year battle for residents wanting to see the council brought to book over its mistake.
Melanie Hall was one of six Ermin Street residents to bring the complaint against Swindon Council.
She said: "It should not have gone ahead in the first place. It is a residential area.
"This was our ideal home but from our back garden and my daughter's bedroom all you can see is this mast.
"The compensation doesn't mean much to us, ideally we wanted the masts to come down.
"We realise that's not going to happen. What we wanted out of it was for the council to pay for what they've done.
"It was never about money, it's just that we feel we weren't treated fairly."
The Ombudsman's report states that in October 1999 an application was lodged to install phone masts on a disused commercial building.
Swindon Council invited comments from residents on the application and many responded saying they believed it would be an eyesore.
On December 7 council officers refused planning permission for the mast.
They said: "It would be seriously detrimental to the visual amenities of nearby residents and the area generally".
However, the company behind the mobile phone mast pressed on with their plans pointing out that the council had not acted within the 28-day time-limit.
The Ombudsman said the mistake was caused by a council error in the registration process.
Swindon Council wrote a letter to residents saying the application had been granted but without explaining why.
The officer directly involved with the complaint has since left the employment of Swindon Council.
The council has told the Ombudsman that it has now changed its procedures to prevent a repeat of the mistake.
Mr White said: "The complainants have suffered injustice from having to live so close to a development that would never have taken place had the maladministration I have identified not occurred."
Swindon Council spokesman Lynda Fleming said: "Members will decide on what action to take after studying the report in detail."
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