Summary: We will not investigate this complaint that the Council failed to notify a school about a planning application determined during the COVID-19 lockdown. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault in the way the Council publicised and determined the application.

The complaint

1. The complainant, whom I refer to as Mr X, works at a school neighbouring a residential development site. He says the Council’s publicity and determination processes, for a planning application to increase the number of dwellings on the site, were inadequate in the context of the COVID-19 lockdowns.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide, for example, there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its complaint responses. I have also looked at the report considered by the Council’s Planning Committee, the minutes of its meeting, and the Council’s Statement of Community Involvement.
4. I considered the complaint against our Assessment Code.

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My assessment

5. Upon receipt of the planning application, the Council sent a notification letter to an adjoining residential property and erected a site notice on a nearby lamppost. It took a photograph of the notice. I have no reason to dispute the authenticity of this photograph. These methods of notification are in accordance with statutory publicity requirements and those adopted locally by the Council.
6. I appreciate Mr X thinks the Council should have altered its notification and determination procedures in recognition of the restrictions imposed on people during the COVID‑19 lockdowns. But there was no requirement for it to do so. In fact, Councils were encouraged by the Government to continue working and making planning decisions with no changes to statutory deadlines, and the Coronavirus Act 2020 allowed Councils to hold their formal meetings remotely.
7. The Council says updates on the status of its planning service were posted regularly on its website, including a press release in late-March 2020 confirming the use of remote Planning Committee meetings.
8. I therefore find insufficient evidence of fault in the way the Council publicised and determined the application to justify the Ombudsman investigating the complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman