Summary: We will not investigate this complaint regarding the Council failing to notify the complainant about a neighbour’s planning application. Although there was fault it has not led to any significant injustice.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council failed to notify him of a neighbour’s planning application and failed to put up a site notice. As a result, Mr B was unable to comment on the planned building works.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Mr B. I also considered information on the Council’s website and our Assessment Code.

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My assessment

4. The Council received a planning application for development near Mr B’s home. It had to consider the application on its planning merits and grant permission if there were no valid grounds for refusal.
5. Mr B was not aware of the application until after the Council had granted planning permission. The Council accepted it failed to put up a site notice and failed to notify him by letter and apologised.
6. It is clear from the planning officer’s report on the application, the Council considered the impact on nearby properties but decided this did not merit refusal. Given the distance of Mr B’s home from the development, I do not consider any comments he may have made would have altered the Council’s view that it should grant planning permission.
7. Mr B is worried the works will cause damage to a historic stone wall and mature trees nearby. Planning consent means that the development is acceptable in planning terms. Any issue arising from the works would be a private matter between Mr B and the developer.

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Final decision

8. We will not investigate Mr B’s complaint. I recognise his frustration that he was unable to comment on the application. However, although there was fault, this did not lead to any injustice that would warrant our involvement.

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Investigator's decision on behalf of the Ombudsman