Summary: The Ombudsman will not investigate this complaint about an application to amend conditions attached to an earlier grant of planning permission. It is unlikely he would find fault by the Council has caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about issues relating to a planning application he submitted in 2017. He says errors in the Council’s handling have led to his reputation being damaged and wrong information being recorded.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint and further information he provided. I have also seen background information provided by the Council and information on the Council’s website. Mr B commented on a draft before I made this decision.

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What I found

5. Mr B made an application in 2017 to amend conditions attached to a previous planning permission for development on a site. Mr B has no direct connection with the development itself and does not own the site.
6. In 2019, the Council considered a planning application from the owner for development on the site. When the Council considered this, it took account of the planning history of the site including Mr B’s application in 2017. The applicant had a statutory right of appeal against any unfavourable decision made by the Council but such a decision would not directly affect Mr B.
7. Mr B has provided nothing to show how he has been affected by any fault by the Council there may have been.

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Final decision

8. I( have decided we will not investigate this complaint. This is because there is nothing to suggest fault by the Council in relation to Mr B’s application in 2017 has caused him significant injustice.

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Investigator's decision on behalf of the Ombudsman