The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to notify the complainant of a planning application at a neighbouring property. There is not enough evidence of fault by the Council causing the complainant a significant personal injustice.
The complaint
Mr X complains the Council failed to initially notify him about a planning application for a site next to his home.
The Ombudsman’s role and powers
We can investigate 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. So, we do not start 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, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X, which included the Council’s complaint responses.
I considered the Ombudsman’s Assessment Code.
My assessment
With reference to paragraph 2 above, there is not enough evidence of fault by the Council causing Mr X a significant personal injustice to justify starting an investigation. In reaching this view, I am mindful that: The Council says its database shows the neighbour notification letters were generated and posted. The Ombudsman cannot hold the Council responsible for any errors by Royal Mail in delivering them.
There is no requirement for notification letters to be sent via recorded delivery.
The notification letter includes a note above the postal address stating in bold and capitalised text that "THIS IS A PLANNING APPLICATION CONSULTATION", thus highlighting the importance of the document.
It is standard practice across planning authorities to address the notification letter to the “owner and/or occupier”, primarily to ensure people with a current interest in a property are made aware of the proposal.
When the Council became aware that residents may not have received the notification letters, it reissued them.
Mr X was able to submit his objections prior to the application being determined.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council causing him a significant personal injustice.
Investigator's decision on behalf of the Ombudsman