The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is insufficient evidence of fault to warrant our involvement.
The complaint
The complainant, I shall call Mr X says the Council: The Council failed to tell him when the application would be considered by the Planning Committee Failed to read his letter of objection in full to the Committee Failed to respond to his emails and requests for information about the appeal process Granted permission for development on Mr X’s property; and Discriminated against him by referring him to its website despite him not using computers
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Planning controls the design, location and appearance of development and its impact on public amenity. Planning controls are not designed to protect private rights or interests. The Council may grant planning permission with conditions to control the use or development of land.
Local Planning Authorities must consider each application it receives on its own merits and decide it in line with their local planning policies unless material considerations suggest otherwise. Material considerations concern the use and development of land in the public interest and include issues such as overlooking, traffic generation and noise. People’s comments on planning and land use issues linked to development proposals will be material considerations. Councils must take such comments into account but do not have to agree with those comments.
Planning authorities must publicise all planning applications. Depending on the nature of the development, publication may be by newspaper advertisement and / or site notice and / or neighbour notification (The Town and Country Planning (General Development Procedure) Order 1995.) The notice will invite ‘representations’ for or against the application and explain how those representations may be made. The opportunity to make representations is not the same as being consulted. The authority must consider all material representations it receives but officers will not enter a dialogue with members of the public who have objected to a planning application.
The Council received an application to build a new house on a plot of land next to Mr X’s home. Mr X objected to the proposal on the grounds of: The impact from the orientation of the building Overdevelopment of the site; and Misappropriation of the land boundary The Planning Officer prepared a report on the scheme. This includes a summary of Mr X’s objections. The report was presented to the Planning Committee. After considering the proposal the Committee voted to approve the application.
Mr X complains the Council did not tell him when the Committee would consider the application. But there is no obligation for it to do so. He also says the Council failed to read his letter of objection to the Committee. Again, there is no obligation for it to do so.
The Officer report included a summary of Mr X’s objections which is the expected action.
I appreciate Mr X believes his neighbour’s development will encroach on his land. But it is not the Council’s role to resolve boundary disputes, and it cannot take such matters into account when assessing the merits of an application. The grant of planning permission only means the Council is satisfied the development is acceptable in planning terms. It does not give the applicant rights to develop land they do not own. Rather, this is a private, civil matter and it is open to Mr X to seek legal advice if he wishes to challenge the position of his neighbour’s development.
Mr X complains the Council did not tell him about the appeal process. There is no third party right of appeal against a decision to grant planning permission.
Finally, I have seen no evidence the Council has discriminated against Mr X.
Investigator's decision on behalf of the Ombudsman