Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because there is not enough evidence of fault by the Council affecting its decision.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of his neighbour’s planning application. He says the Council:
• Did not allow him to attend a consultation meeting to discuss his concerns about the application.
• Did not properly explain the reasons for its decision.
• Made the wrong decision.
• Sought to cover up errors concerning the submission of plans for a different property.
• Took a bribe to grant planning permission.
• Granted planning permission for development which encroaches onto his property and has caused him injury. He is also concerned the development may damage his property.
2. Mr X considers the planning permission is invalid and should be revoked. He considers the Council responsible for any damage or injury resulting from the development.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s neighbour applied for planning permission for change of use in 2021. The Council consulted local residents and Mr X and others objected to the proposal. The Council did not refer the application to its planning committee as it did not meet the criteria. It was therefore under no obligation to conduct a ‘consultation meeting’ to discuss Mr X’s concerns.
7. The Council has explained that the structure which was the subject of the application did not require planning permission and it could therefore only consider the impact of the change of use applied for. The planning officer’s report addresses the material planning considerations relating to the application and it is not for us to question the officer’s judgement or the Council’s decision to grant planning permission. We also cannot overturn the decision or tell the Council to revoke the planning permission as Mr X would like.
8. Mr X is unhappy that plans relating to a different property were uploaded to the online planning casefile but there is no evidence to show this affected the outcome. The Council says the plans were uploaded in error and removed shortly afterwards. It considered the proposal against the correct plans for the neighbour’s property and we do not consider the removal of the incorrect plans to be a “cover-up” or to amount to fault. It has also not caused any significant injustice warranting further investigation.
9. While Mr X alleges a council officer took a bribe in exchange for the grant of planning permission he has provided no evidence of this to the Council or to us. The allegation is a matter of pure speculation and we could not carry out any meaningful investigation into the issue without any evidence in support of Mr X’s claim.
10. I appreciate Mr X considers the Council solely responsible for any damage or injury caused by the development but this is likely a civil matter between him and his neighbour/their builders. We could not hold the responsible for the builder’s actions but if Mr X wishes to make a claim against the Council he may do so through the courts.
11. Mr X has raised further concerns about breaches of the planning permission and non-compliance with the Building Regulations but these are new issues and they have not exhausted the Council’s complaints procedure. If Mr X believes the Council should take enforcement action he should report his concerns to the relevant council departments. If he is unhappy with their handling of the issues he may raise a new complaint with the Council and, once the process is complete, he may refer the matter to us.

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Final decision

12. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman