Summary: We will not investigate this complaint alleging a Councillor abused his position to get planning permission. There is not enough evidence of fault which warrants investigating.

The complaint

1. The complainant, I shall call Mr X says the Council failed to tell him about a planning application in 2017 for land behind his home. He says the land was then sold with outline planning permission to a district councillor who abused his position to get planning permission for 4 houses.
2. Mr X says he suffers from depression and bought his home because of the peaceful location next to farmland. He wants the planning permission revoked or sanctions to prevent further building.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

4. I considered information provided by the Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that:
• a councillor had abused his position to get planning permission for 4 homes on land on which a previous application had been refused.
• the Councillor does not own the land despite stating that he does
• the Councillor breaches health and Safety Regulations and Covid Regulations by visiting the site
• and the Council failed to tell him about the planning application in 2017
7. The Council investigated the complaint and confirmed:
• The Councillor was not acting in his capacity as a councillor when his business applied for planning permission.
• The Councillor’s business owns the land.
• Complaints about breaches of health and safety regulations and Covid regulations are matters for the Health and Safety Executive and the Police as the enforcing bodies.
• The Council received an application for outline permission for 4 houses and garages with all matters reserved except access in 2017. It advertised the application in the local paper and on the Council website. It also sent letter to the occupiers of properties with boundaries that adjoin the application site. Planning permission was granted in November 2017.
8. I understand Mr X disagrees with the Council’s findings. However, it has provided copies of land Registry title and the planning application form. I have not seen any evidence to show the Council’s findings are wrong.
9. Advertising the application in the press accords the Council published Statement of Community Involvement which sets out how it will publicise planning applications.
10. I have also seen no evidence of fault in the way the Council considered Mr X’s complaint which has caused him any significant injustice.

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Final decision

11. We will not investigate Mr X’s complaint because There is insufficient evidence of fault which warrants investigating.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman