Summary: We will not investigate this complaint about the Council’s decision to accept a second retrospective planning application for a site close to the complainant’s home. The complainant also says the Council failed to fully answer his complaint. We do not consider the complainant has suffered a significant personal injustice because the Council’s actions which warrants an investigation.

The complaint

1. Mr X complains the Council has refused to fully answer his complaint that the Council should not have accepted a second retrospective planning application for a property close to his home.
2. He also says it has failed to fully answer all points made in his complaint.

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The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council refused a retrospective planning application to regularise a breach of planning control at a house close to Mr X’s home. It issued an Enforcement Notice. The developer failed to appeal to the Planning Inspectorate in time.
7. The Council accepted a second retrospective planning application for the same property. It also refused this application. The developer has now appealed against this decision.
8. I understand Mr X believes the Council should not have accepted the second retrospective application,
9. However, the law gives the Council the discretion to refuse to determine applications where pre-existing Enforcement Notices apply. There is no requirement for it to do so.

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Final decision

10. We will not investigate Mr X’s complaint because do not consider Mr X has suffered a significant personal injustice because of the Council’s action which warrants an investigation.

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Investigator's decision on behalf of the Ombudsman