Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not been caused significant injustice by the alleged fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained that he was not consulted about his neighbour’s planning application.

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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’. 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:

• 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

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

4. Councils are required to give publicity to planning applications. The publicity required depends on the nature of the development. However, in all cases the application must be published on the Council’s website.
5. In addition, the Council must;

• erect a site notice and put a publication in a local newspaper if the proposal departs from the development plan or affects a public right of way;
• erect a site notice or notify neighbours and place a publication in a local newspaper if the application is for a major development;
• erect a site notice or notify neighbours if the development is minor.

6. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.

What happened

7. In 2019, the Council received a planning application from Mr X’s neighbour to extend their property. The Council considered the application and granted permission subject to conditions.
8. In 2020, Mr X contacted the Council after work started to build the development. Mr X said he had not been aware that his neighbour had applied for planning permission and he had not been consulted about the development.
9. The Council said it wrote to Mr X to notify him about the application. Mr X disputes this and suspects he has been deliberately misled. Mr X has had previous difficulties with his neighbour and believes someone with access to the planning department was persuaded to block the consultation letter from being sent.

Assessment

10. I will not investigate this complaint about how the Council dealt with Mr X’s neighbour’s planning application. This is because Mr X has not been caused significant injustice.
11. I cannot know for certain why Mr X did not receive the Council’s consultation letter. However, even if it could be said the Council did not send this as Mr X believes, I cannot say he has been caused any significant injustice by the matter.
12. I understand Mr X did not have the opportunity to comment on the application. However, the case officer still considered the impact on neighbouring properties before deciding the extension would not cause significant harm. As the Council properly considered the acceptability of the development, it is unlikely the decision to grant permission would have changed had Mr X been able to comment on the application.

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Final decision

13. We will not investigate this complaint. This is because Mr X has not been caused significant injustice by the alleged fault.

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Investigator's decision on behalf of the Ombudsman