Summary: We will not investigate this complaint about the way the Council considered a planning application as it does not cause sufficient injustice to Ms X as to warrant investigation. The effect upon her as a tax payer affects all or most of the population and is therefore out of jurisdiction.

The complaint

1. Ms X complains about the way the Council considered a planning application for a nearby business. She says it will be a waste of Council resources to enforce any breach of environmental conditions.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says that the Council should have imposed environmental conditions on a planning permission for a nearby business. The business operates approximately half a mile from Ms X’s house and could not therefore be considered to affect her to such an extent as to warrant investigation.
7. The cost to the tax payer affects all or most of the population and is therefore out of jurisdiction for the reason given in para two above.

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Investigator's decision on behalf of the Ombudsman