Summary: We will not investigate this complaint about the Councils decision that no breach of planning control exists on the site next to the complainant’s home. And that the Council failed to follow a decision made by the Planning Inspector. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Ms X complains the Council failed:
• to decide there is a breach of planning control on a development next to her home; and
• to follow the Planning Inspector’s decision on a previous planning application for the same site.

Back to top

The Ombudsman’s role and powers

2. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In 2014 the Council refused a planning application for a development of flats next to Ms X’s home. The applicant appealed against the decision.
6. In 2015, the Planning Inspectorate allowed the appeal, thereby granting planning permission. No reference was made in the Inspector’s decision to a specific location for the bin store. This planning permission was not implemented and expired.
7. In 2018, the applicant put in a new planning application. This included provision of a bin store in an alternative location to that in the application approved by the Planning Inspector. Plans showing the new location for the bin store were published on the planning pages of the Council’s website at the time of the application. The Council confirms it publicised this application by erecting a site notice and sending letters to neighbours. Ms X objected to the application. However, the Council approved the new application. There is no requirement for the approved application to be identical to the one approved by the Planning Inspector.
8. Ms X reported a breach of planning control to the Council. It confirmed that the original application approved by the Planning Inspector was not implemented. It also confirmed the bin store was shown in the present location on the plans for the application approved in 2018. Therefore, there is no breach of planning control.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman