The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to agree planning permission. That is because it has not caused Mr X a significant injustice and there is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained about the Council’s decision to agree planning permission for the development of several properties. He said the Council: Failed to notify him and other residents about the planning application; and Did not properly apply the Cornwall Local Plan when it assessed the development.
Mr X wants the Council to review its decision on the approved application.
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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council failed to notify him and other residents about the planning application. However, Mr X submitted objections about the planning application and the Council considered these in the Planning Officer’s report. Therefore, we will not investigate his complaint that he was not notified, as he has not been caused an injustice by the alleged fault.
In its complaint response, the Council confirmed it notified neighbours about the planning application. In addition, another resident and the Parish Council both commented on the planning application. Therefore, I am satisfied the Council did make residents aware of the development and there is insufficient evidence of fault to investigate further.
The Planning Officer’s report addresses Mr X’s concerns about the use of land and its suitability as infill development. Although Mr X’s disagrees with the outcome, there is insufficient evidence of fault in how the Council considered his objections to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because he has not been caused a significant injustice and there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman