The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a neighbour’s planning application. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainants, who I refer to as Ms X and Ms Y, complain they were not consulted on a neighbour’s planning application despite the impact on their amenity and property. They say officers did not visit them to see the application site from their home and there was a delay in their phone calls being returned.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainants and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X and Ms Y complained to the Council about its handling of their neighbour’s planning application. The Council explained that as they did not adjoin the neighbour’s property, there had been no statutory requirement to formally notify them, and it had followed the appropriate notification and publicity requirements.
Moreover, the Council noted the complainants had made formal representations in connection with the application which had been taken into consideration when it had been decided. The Council told the complainants that officers are under no obligation to carry out site visits either to the application site or to adjacent properties and in this case the officer was satisfied they had sufficient information to come to a view without visiting their property.
It is not the role of the Ombudsman to act as a point of appeal. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. While I understand Ms X and Ms Y do not agree with the decision taken here, there is no evidence fault affected the Council’s decision and we will not pursue the complaint.
Ms X and Ms Y also complain about delay by the Council in returning their calls, but this is not a matter we will investigate in isolation.
Final decision
We will not investigate Ms X’s and Ms Y’s complaint because there is no evidence to suggest fault by the Council..
Investigator's decision on behalf of the Ombudsman