Summary: We will not investigate this complaint about the actions of the Council in relation to the complainant’s objections to a planning application. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the actions and behaviour of a planning case officer. Mr X says his concerns were not investigated and the Council sent him, and his family, intimidating letters.

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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.

(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. The Council received a planning application for a large residential development on land near Mr X’s home. The Council notified local residents and Mr X and other members of his family objected to the proposal. The Council received a significant number of comments from Mr X and following a telephone call between Mr X’s wife and the case officer, the Council wrote to Mr X and his family and asked that their behaviour was modified. Mr X was unhappy with the Council’s letter and said it was intimidating. He has also complained the Council has not properly investigated his concerns and says the case officer was rude and dismissive. Mr X also says the Council did not tell him to reduce his submissions and he cannot find a Council policy which says there is a limit to the number of comments someone can make in relation to a planning application.

Assessment

5. I will not investigate this complaint about the actions of the Council in relation to Mr X’s objections to a planning application. This is because I am unlikely to find fault.
6. The Council has said it decided to engage its policy for handling unreasonably persistent complainants due to the significant amount of correspondence it received from Mr X. This was a decision it was entitled to make. I am satisfied the Council acted in line with this policy by asking Mr X and his family to modify their behaviour. Therefore, it is unlikely I could find fault in this regard.
7. I understand Mr X says the Council failed to consider the concerns he raised about the planning application. However, the case officer did respond to the questions Mr X asked about the proposed development and I would not expect the Council to reply to every objection it receives to a planning application. The case officer’s report also details and addresses the issues raised by Mr X.

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Final decision

8. I will not investigate this complaint. This is because I am unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman