Uttlesford Council delay left floodlights shining into home

Uttlesford District Council was criticised for its handling of the case

A council has been found at fault after a three-year delay to a planning decision left "blinding" lights shining into a woman's home.

The floodlights, which were part of a horseriding area in Essex, were deemed to require planning permission by Uttlesford District Council in 2018.

The lights were in operation yet a decision was not made until 2021.

The council said the case, reported to the Local Government and Social Care Ombudsman (LGSCO), was now resolved.

An LGSCO report found the council decided in 2018 that the development could be considered ancillary and did not need planning permission, but the lights did.

A neighbour objected to the planning application, saying the lights shone directly into her upstairs windows and into her garden, reports the Local Democracy Reporting Service.

She also provided photographs of the works for the second horseriding area, which included heavy machinery and ground excavation of almost the entire garden, the report said.

No evidence it checked lights

The LGSCO investigator said they would have expected to see a detailed and clear explanation from the council for why this did not fit the definition of development.

The council eventually approved the lights, but restricted their hours of use and luminance levels, and required a shield be constructed.

According to the report, the council provided reasons for an initial delay, including waiting for ecological surveys and environmental health involvement.

The ombudsman also found fault with the council's enforcement investigation into the floodlights, which showed no evidence it had checked or confirmed the lights were in line with conditions, or that it communicated an outcome to the neighbour.

Uttlesford was also found at fault for not properly considering whether the horseriding areas amounted to development and for not concluding an enforcement investigation into the matter.

The local authority has apologised to the woman at the neighbouring property, paid her £150 and agreed to review its decision and carry out a further site visit.

A council spokesman said in a statement: "The council cooperated fully with the LGSCO in its investigation, which concerned a case that first arose before the Covid pandemic and was subject to delays, not least as a result of the pandemic.

"The matter is now resolved and the council has made a donation to a local hospice in the complainant's name by way of compensation."

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