Newcastle upon Tyne City Council (22 013 611)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 30 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s consideration of a planning application for a phone mast because there is no significant injustice caused to warrant investigation.
The complaint
- Ms X complains that the Council failed to notify the local Parish Council of a planning application 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that a planning application for a phone mast to be erected 150m away from her house was improperly considered by the Council and the Council failed to provide further information to a Planning Inspector on appeal.
- Ms X argues that her health is likely to be affected by the mast.
- I am not persuaded that there is sufficient evidence of injustice to Ms X to warrant investigation. The mast is too far away for it to directly affect her amenity. Her only ground for objection is one not accepted by the government as a valid objection to the mast. The Council has confirmed that the mast itself will satisfy health and safety regulations.
- If the Parish Council was not notified of the planning application they have the opportunity to provide their objections to the Planning Inspector. Any decision by the Planning Inspector will be for the Inspector to determine based upon whatever evidence and information they choose to obtain. The Ombudsman cannot question the actions or decision of the Planning Inspector.
Investigator's decision on behalf of the Ombudsman