Summary: We will not investigate this complaint about the way the Council is dealing with a planning application. We do not consider the complainant has suffered a significant personal injustice because of the Council’s actions.

The complaint

1. Mr X complains the Council failed to determine a planning application for one new house on a site close to his home. He says that two years after the application was submitted, the Council allowed a new proposal under the same reference number for four new properties.
2. Mr X says four new homes at the end of his road will spoil his amenity.

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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 confirms the applicant submitted new proposals for the application site.
7. It publicised the new proposals by displaying a site notice and writing to twelve properties close to the site.
8. Mr X became aware of the new plans and objected to the new proposal.

9. The Council is permitted to extend the timeframe for determining a planning application with consent from the applicant. There are no rights for third parties, such as Mr X, to object to this. The Council also has discretion to accept amended proposals during the application process.
10. Mr X has made his objections to the new proposals. The Council has not yet determined the application. Therefore, I do not consider he has suffered a significant personal injustice.
11. If the Council grants planning permission, and Mr X remains dissatisfied, he can bring a new complaint if he is concerned there is fault in the way the Council determined the application.

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Final decision

12. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice which warrants our involvement.

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Investigator's decision on behalf of the Ombudsman