Maldon District Council (20 006 632)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 23 Nov 2020

The Ombudsman's final decision:

Summary: Mr X complains about the way the Council considered a planning application. The Ombudsman will not investigate this complaint because there is no significant personal injustice caused to Mr X to warrant investigation. Any disputes about ownership of land are a private legal matter.

The complaint

  1. Mr X complains about the way the Council considered a planning application.

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The Ombudsman’s role and powers

  1. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
  • it is unlikely we would find fault, or
  • the fault has not caused injustice to the person who complained, or
  • the 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

  1. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

  1. Mr X says that the Council failed to properly check details of a planning application made by a local Councillor.
  2. Mr X lives approximately one mile away from the planning application site and cannot be said to be affected by the development. If there are any issues relating to ownership of surrounding land these can be remedied in court.
  3. In the absence of any significant personal injustice the Ombudsman will not investigate this complaint.

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Final decision

  1. I do not intend to investigate this complaint because there is insufficient injustice caused to warrant investigation.

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Investigator's decision on behalf of the Ombudsman

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