The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to notify the complainant about a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The fault by the Council did not directly cause the complainant a significant injustice, as it was not responsible for approving the application.
The complaint
The complainant, whom I refer to as Mr X, says the Council failed to send him a notification letter about a planning application for a development next to his home, so he has not had the opportunity to object.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide: any fault has not directly caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6)) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council, including their complaint correspondence.
I also considered our Assessment Code.
My assessment
Although the Council met statutory requirements for the publicity of this type of planning application by erecting a site notice, it acknowledges an administrative oversight meant Mr X’s address was not included in the list of properties it sent notification letters to.
When determining the application, the Council concluded the impact on the amenity of Mr X’s property was acceptable, but it refused the development on other grounds. However, planning permission was then granted on appeal by the Planning Inspectorate.
I therefore do not consider any fault by the Council has directly caused a significant injustice to Mr X, as the Council was not responsible for approving the application. With reference to paragraph 2 above, we will therefore not start an investigation into Mr X’s complaint about the Council.
Furthermore, the Ombudsman has no power to investigate or comment on the decision of the Planning Inspectorate, as it is not a body within our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because the fault by the Council has not directly caused him a significant personal injustice.
Investigator's decision on behalf of the Ombudsman