London Borough of Waltham Forest (22 004 008)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 03 Jul 2022
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s grant of planning permission for a phone mast. We will not investigate this complaint because there is insufficient injustice caused to her to warrant investigation.
The complaint
- Ms X complains about the Council’s grant of planning permission for a phone mast.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered the complainant’s comments on my draft decision.
My assessment
- Ms X says that a telephone mast which obtained planning permission was not determined properly by the Council.
- Whilst the Council accepts that there were some errors in the procedure, I am not persuaded that the installation of the mast makes any significant difference to Ms X’s amenity as she lives 170m away from the site.
Final decision
- I do not intend to investigate this complaint because there is insufficient injustice to warrant investigation.
Investigator's decision on behalf of the Ombudsman