Summary: Mrs B complains the Council failed to publicise a neighbour’s planning application. And it has not acted on a breach of planning control. We will not investigate this complaint. We are unlikely to find fault in the way the Council publicised the planning application and decided not to take enforcement action.

The complaint

1. The complainant, who I will call Mrs B say the Council:
• did not tell her about a planning application for a new property in the garden of a house on the corner opposite Mrs B’s home; and
• failed to deal with a breach of planning control at the same site.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered the information provided by Mrs B and copies of her correspondence with the Council and its responses.
5. I also considered the Councils Statement of Community Involvement and the publicity requirements for planning applications set out in the Town and Country Planning (General Development Procedure) Order 1995.)

Back to top

What I found

Lack of notification

6. The Council received a planning application for a new property in the garden of a house on the opposite side of the road to Mrs B’s home.
7. The Council wrote to those properties which share a direct boundary with the application site. As Mrs B’s home does not have an adjoining boundary, she was not notified of the application.
8. Mrs B complains the Council did not tell her about the application, and if it had, she had been she would have objected to the proposal.
9. The general power to control development and use of land is set out in the Town and Country Planning Act 1990. Permission is needed for any development or change of use of land and may be granted by a Local Planning Authority.
10. As part of the consultation process for non-major development, the Council must display site notices or send letters to neighbours. It must also show the application on its website.
11. In response to feedback the Council says it will now display site notices in all cases.
12. I understand Mrs B believes she should have been notified and was denied her right to object the application. However, the Council is not at fault for following the requirement for publicising planning applications set out in relevant legislation.

Breach of planning control

13. Mrs B also complains the Council has failed to act on a breach of planning control at the site.
14. The Council inspected the site. It wrote to Mrs B confirming it identified a technical breach on the site. However, it considers the breach causes no material harm or adverse impact on the amenity of the site or the surrounding area. Therefore, it will not be taking further action and the case is closed.
15. The Council has a duty to investigate alleged breaches of planning control. Should it discover breaches of planning control, it should take suitable enforcement action as it sees fit.
16. In response to Mrs B’s report of a breach of planning control, the Council opened an enforcement case. It visited the site and established there was a breach. However, it decided not to take any action as there was no material harm or adverse impact. Having followed the correct process, this is a decision the Council is entitled to make.

Back to top

Final decision

17. I will not investigate this complaint. We are unlikely to find fault in the way the Council publicised the planning application and decided not to take enforcement action.

Back to top

Investigator's decision on behalf of the Ombudsman