Summary: We will not investigate this complaint about the Council’s consideration of a planning application and the complaint procedure. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Further investigation is unlikely to led to a different outcome.

The complaint

1. The complainant, I shall call Mrs X, complains the Council
• Failed to follow the correct procedures before approving applications to vary conditions on a planning permission; and
• Delayed in responding to her complaint

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The Ombudsman’s role and powers

2. 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 injustice is not significant enough to justify our involvement
• further investigation would not lead to a different outcome

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Assessment

5. Mrs X says the Council failed to follow the correct procedures before approving an application in 2018. The application included removing a tree.
6. I understand Mrs X lived in the village where the application site is located some years ago. She also has relatives that live in the village and visits. However, the removal of the tree does not cause her any significant personal injustice. Therefore, I will not investigate this part of the complaint.
7. Mrs X also complains the Council delayed in its response to her complaint. The Council has acknowledged this, saying it lost her complaint. It has apologized for the delays. I consider it is unlikely that further investigation on this point will lead to a different outcome. The Council has apologized which I consider is an appropriate remedy for this part of the complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because we do not consider the personal injustice is sufficient to warrant our involvement. Nor do we consider that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman