The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with planning applications. This is because the complainant has not suffered significant injustice as a result of the alleged fault.
The complaint
Mr X has complained about how the Council dealt with a planning application. He has also raised concerns about how the Council handled applications to discharge the planning conditions and amend the approved development.
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))
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has raised many concerns about how the Council dealt with the applications. He says there are discrepancies with the publicity dates for the applications shown on the Council’s website. He also says there was a delay before the decision notice for the original application was issued and members of the public were not given sufficient time to respond to amendments. Mr X says information provided by the applicant contains errors and the reports submitted to discharge the planning conditions pre-date the planning decision notice.
However, I do not consider Mr X has suffered any significant injustice because of any alleged fault with how the Council dealt with the applications. Mr X does not live close to the development site, and his property is not impacted by the development. Mr X also was aware of the applications and had an opportunity to comment on the proposals. There is no requirement for councils to publicise a non-material amendment application.
Final decision
We will not investigate Mr X’s complaint because he has not suffered significant personal injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman