The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application and a breach of planning control. This is because we are unlikely to find fault and it is not yet possible to say if the complainant has suffered significant injustice.
The complaint
Mr X has complained about how the Council dealt with his neighbour’s planning application and says the Council failed to properly consult him about the development. Mr X also says the extension has not been built in line with the approved plans. He reported the breach to the Council but says it has failed to take any action. Mr X says the development has a significant impact on his property.
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 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 continue 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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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
Councils are required to give publicity to planning applications. The publicity required depends on the nature of the development. However, in all cases the application must be published on the Council’s website.
Mr X says he was not consulted about the application. But the Council wrote to neighbouring residents, including Mr X, to tell them about the application. As the Council publicised the application in line with its Statement of Community Involvement and government guidance, it is unlikely I would find fault.
Furthermore, even if I did agree the Council did not publicise the application as it should have, I do not consider Mr X suffered any significant injustice as a result. I am satisfied the Council properly considered the acceptability of the development before granting planning permission. The case officer’s report referred to the impact on the area and Mr X’s property. However, the officer decided the proposal would not significantly harm the character and appearance of the area or the amenity of neighbouring properties.
I understand Mr X disagrees with the Council’s decision to grant planning permission. But the Council was entitled to use its professional judgement to decide the development was acceptable. As the Council properly considered the acceptability of the development, it is likely the planning decision would have been the same had Mr X known about the full extent of the proposal and objected.
Mr X says his neighbour has not built the development in line with the approved plans. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
In this case, as the Council’s enforcement investigation has not yet concluded, it is not possible to say if Mr X has suffered any significant injustice because of any fault with the Council’s enforcement investigation. This is because the Council may still decide enforcement action is not necessary. Mr X can make a new complaint to the Ombudsman once the Council has concluded its enforcement investigation should he remain unhappy.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. It is also not yet possible to determine if Mr X has suffered any significant injustice because of any fault with the Council’s enforcement investigation.
Investigator's decision on behalf of the Ombudsman