Summary: We will not investigate this complaint about how the Council dealt with planning applications and planning enforcement for a development near where Mrs X lives. This is because the development does not have a significant impact on Mrs X and there are no issues of wider public interest that justify our involvement.

The complaint

1. Mrs X complains the Council has made significant failings in how it has dealt with planning applications and planning enforcement for a development near where she lives.
2. Mrs X says the development is a serious blight on the area and she and other local people have been put to significant time and trouble pursuing the matter.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
• any fault has not caused injustice to the person who complained, or

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint,

(Local Government Act 1974, section 24A(6))

4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

6. I considered information provided by the complainant and information about the development on the Council and Planning Inspector’s website.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X’s home does not border the development site and there are two other properties between her property and the development site. Mrs X’s home is approximately 90 metres to 100 metres from the site boundary of the development site. Therefore, the development has no significant impact on Mrs X’s home and so any fault by the Council has not caused Mrs X a personal injustice and so we should not investigate this complaint.
9. I have considered whether there is a wider public interest for the Ombudsman to investigate in this complaint. This is a small development of a single building and so it has limited impact on the wider public other than those living it its immediate vicinity. Therefore, there is no wider public interest issues that justify an investigation of this complaint.

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Final decision

10. We will not investigate this complaint. This is because Mrs X has not been caused an injustice as a result of any fault by the Council. There are also no wider public interest issues that justify an investigation of this complaint.

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Investigator's decision on behalf of the Ombudsman