Summary: Mr X complains about the way the Council considered a planning application for a development near him. We will not investigate this complaint because there is no evidence of fault by the Council causing significant injustice.

The complaint

1. Mr X complains about the way the Council considered a planning application for a development near him.

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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:

• 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

3. 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

4. The Council granted planning permission for a care home near Mr X in 2018. In 2020 they considered a non material amendment to the planning application which principally consisted of internal alterations to make five new bedrooms.
5. Mr X says that this was a significant change and should have required a full planning application rather than a non material amendment. He says that this meant he was unable to comment on the planning application before determination.
6. The Council considered the planning application and noted that the changes to the windows would have no significant effect upon neighbouring houses. The rooflights proposed do not face Mr X’s house and the distance between the buildings was at least 35m which was over the minimum distances in the Council planning guidelines.
7. The decision to treat the planning application as a non material planning application was one made on its merits and, in the absence of fault, the Ombudsman cannot question this professional judgement.
8. Nevertheless, I am satisfied that the planning permission does not cause any significant personal injustice to Mr X. The internal layout does not cause him a loss of amenity and the changes to the windows do not affect him to any significant extent.

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Final decision

9. I do not intend to investigate this complaint because there is no evidence of fault by the Council causing Mr X significant injustice.
    

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Investigator's decision on behalf of the Ombudsman