Summary: Mr X complains about planning applications made by his neighbour. We will not investigate this complaint because there is insufficient injustice caused to him to warrant investigation.

The complaint

1. Mr X complains about planning applications made by his neighbour.

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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. Mr X says that his neighbour made a series of planning applications based on incorrect information supplied to the Council. The most recent was for continued use of a horse riding area (which had previously been limited). He contends that information about ownership was incorrect and so the planning applications should have been rejected.
5. He says that the effect of granting planning permission for this meant that he notices horses riding past his house at unsociable hours.
6. The Council says that the ownership certificate relates to the right to object by an owner; it is not necessary to own land in order to make a planning application. Mr X objected to the planning application. Any disputes about ownership are a civil matter and not a planning consideration.
7. Nevertheless, I am not persuaded that the claimed injustice warrants investigation. Nuisance from horse riders could occur whether or not planning permission was granted.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman