Summary: We will not investigate this complaint the Council failed to publicise a planning application. That is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained the Council’s publicity for a planning application was not compliant with the law. He said the newspaper where the Council publicised the planning application was not freely available.
2. Mr X said the proposed development will have a significant impact on the local community; specifically around an increased number of vehicles on the road. Mr X wants the Council to apologise to the local community.

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The Ombudsman’s role and powers

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

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How I considered this complaint

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

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My assessment

6. We will not investigate Mr X’s complaint about how the Council publicised a planning application. The Council has received over a thousand comments on the application. The Council publicised the planning application through site notices and in the press. There is insufficient evidence of fault to justify investigating.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman