The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to consult him about his neighbour’s planning application. The Council has accepted fault but this fault did not affect the outcome of the application or cause Mr X significant injustice.
The complaint
The complainant, Mr X, complains the Council failed to consult him on his neighbour’s application for planning permission to extend their property. He suggests the development will obstruct the public highway and block vehicular access to/from his garage.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council accepts it failed to consult Mr X on his neighbour’s planning application and it has apologised for this. It has explained however that the issue of access to Mr X’s property is not a material planning consideration and could not have been used as a reason to refuse the application. We could not therefore say the Council’s failure to consult Mr X affected the outcome or caused Mr X significant injustice.
Final decision
We will not investigate this complaint. This is because the Council’s fault did not cause Mr X significant injustice.
Investigator's decision on behalf of the Ombudsman