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  1. A good mate of mine is upset: in my estimation, justifiably. Here's why. It would appear that -with impunity- falsified Percolation Test results can be submitted as acceptable, valid evidence in the Planning Process. I hasten to add that this case refers to one outside our Local Planning Authority. What happened? Planning permission was awarded on a plot near his house. A pre-condition for the award of planning was the normal Percolation Test. Because the plot near his house lies on the same type of ground (heavy clay) my mate knows that the percolation test must have failed. But that's not the issue What is the issue? The Ombudsman considering the case says that the simple submission of results (any results, true or false) is the sole responsibility of the applicant. Since there is no system internal to the LPA that checks the test results, any results can be submitted: even false ones. The Ombudsman says ' ...It is important to remember that the obligation to provide accurate information lies with the applicant. If Mr X’s suspicions are correct and a problem arises, it is likely the Council would be able to control it, either through planning or building control enforcement, or perhaps more likely, through environmental health action.... ' So you can build a house based on bogus test results, and sell it before the problem becomes apparent. And everyone around the plot has to suffer the consequences even after the builder has sold the house. How is that system fair?
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