The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter. This is because there is not enough evidence of fault by the Council causing Mr X significant injustice.
The complaint
The complainant, Mr X, complains the Council failed to investigate a possible breach of planning permission on land adjacent to his own. He also complains the Council discharged a planning condition regarding access to the site without carrying out a site visit. He says that had the Council visited the site it would have realised it is impossible for the developer to complete the development as approved.
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
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
The breach Mr X alleges is a technical breach which causes him no significant planning harm. So even if the Council investigated and agreed there was a breach, it is highly unlikely it would take enforcement action. This is because it has already decided the development is acceptable the alleged breach does not alter this. We could not therefore say the Council’s failure to investigate the matter caused Mr X significant personal injustice.
Mr X is also unhappy the Council has discharged a planning condition regarding access to the site but there is not enough evidence of fault on this point. Mr X believes the Council should have visited the site but there is no requirement for it to do so. It relied on the local highway authority’s view on the proposal and decided it was acceptable. Its decision is based on the plans submitted by the applicant and if they fail to comply with these plans the Council may deal with the matter as a breach of planning control. But until there is a breach the Council could not investigate or take any action.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice.
Investigator's decision on behalf of the Ombudsman