Summary: Mr D complains the Council failed to send him a neighbour notification letter for a planning application. The Ombudsman has discontinued the investigation because there is no worthwhile outcome achievable by further investigation.

The complaint

1. The complainant (whom I refer to as Mr D) says the Council failed to send him a neighbour notification letter in 2018 for a planning application. In addition, he refers to several other planning cases, trespass by individuals, party wall problems, wanting to sue a private individual for damages and disagreement with the Planning Inspectorate’s decision to grant planning permission.

Back to top

What I have investigated

2. I have looked at Mr D’s complaint about the neighbour notification letter. I have not looked at the rest of his case for the reasons below.

Back to top

The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint unless we are satisfied the Council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the Council the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or consider there is no worthwhile outcome achievable by further investigation. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

7. I have considered the information provided by Mr D.
8. I shared my draft decision with both parties.

Back to top

What I found

What happened

9. Mr D says the Council failed to send him a neighbour notification letter and did not adequately advertise a planning application in 2018. The Council refused planning permission in March 2018. The matter went to appeal, and the Planning Inspectorate granted planning permission in October 2018.

Reason to discontinue the investigation

10. Mr D wants the Ombudsman to make the Council withdraw planning permission. That is not something the Ombudsman can do. Once planning permission has been granted its is not within the Council’s or the Ombudsman’s powers to revoke the permission. As such I do not see that further investigation would achieve the outcome sought by Mr D.
11. In addition, Mr D complains about not receiving a notification letter. Given the Council refused the planning permission I do not see that if there was service failure it resulted in an injustice to Mr D that would warrant further investigation. The decision to grant planning permission was made by the Planning Inspectorate who are outside of the Ombudsman’s remit.

Back to top

Final decision

12. I have discontinued the investigation.

Back to top

Parts of the complaint that I did not investigate

13. Mr D refers to disagreement with the Planning Inspectorate’s decision to grant planning permission. The Ombudsman cannot investigate the Planning Inspectorate.
14. Mr D also complains about various planning cases, none of these were included in his formal complaint to the Council or its response in September 2019. They are premature complaints which Mr D needs to put to the Council before they can be considered by the Ombudsman.
15. Mr D refers to issues with private individuals, the Ombudsman cannot investigate those concerns as they are not about the actions of the Council.
16. Mr D’s concerns about party wall issues are a matter for the courts not the Ombudsman.

Back to top

Investigator's decision on behalf of the Ombudsman