The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to notify Mr X about a planning application for a site near his home. We have not seen enough evidence of fault in the Council’s actions.
The complaint
Mr X complains the Council failed to notify him of a planning application for a site close to his home.
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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
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 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.
Mr X says the Council did not write to him about the application.
The Council confirms it: wrote to neighbours closest to the application site erected a site notice placed the application on its website; and placed a notice in the local paper.
I understand Mr X does not recall seeing a notice and says his neighbours have also told him they did not see a notice. However, the Council confirms it received comments from people who had not received a notification letter.
There is no statutory obligation for the Council to write to Mr X. From the information I have seen, I cannot say the Councill did not erect a site notice. Therefore, I have not seen evidence to show the Council failed to meet the statutory requirement for publicising the application.
Final decision
We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council publicised the planning application.
Investigator's decision on behalf of the Ombudsman