Summary: We will not investigate Mr X’s complaint about how the Council handled a planning application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains he could not comment on a planning application for a nearby development as the Council did not upload documents to its website until after the deadline passed. He also complains the Council did not properly consider the impact of the development which he says has resulted in a significant loss of light for his home.

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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))

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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.

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My assessment

5. Mr X complained he could not comment on a planning application because the Council did not upload documents until after the deadline had passed.
6. The Council said it had checked its systems and found no evidence to suggest the application was not uploaded correctly. It provided Mr X with screenshots and a commentary to explain the audit trail from its system. It concluded the application was available to view.
7. I will not investigate this complaint. I have considered the steps the Council took to consider the issue, and the information it took account of when deciding the planning application was uploaded correctly. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
8. Mr X complained the Council did not properly consider the impact of the development on the loss of light to his home and garden.
9. The Council says it did consider the impact on Mr X’s home, as part of the planning process. It says it did a visit to the site and found there was no planning reason to reach an alternative view.
10. I will not investigate this complaint. In making this decision the Council took account of its legal duties and its own policies and did a site visit. The Council followed the appropriate procedures when making this decision and I cannot therefore criticise it.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman