Summary: Mr X complained the Council failed to carry out consultations following a planning application from a neighbour. There is no evidence of fault in the way the Council carried out its consultation.

The complaint

1. Mr X complained the Council failed to carry out the necessary consultations when a neighbouring property applied for planning permission.
2. He says this meant he and others didn’t get the opportunity to raise their objections. He is particularly concerned about the noise levels this will cause and the construction traffic.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered:
• The information provided by Mr X and discussed the complaint with him;
• The Council’s comments on the complaint and the supporting information it provided; and
• Relevant law and guidance.
5. Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Law and guidance

6. Planning permission is required for the development of land (including its material change of use).
7. Councils are required to publicise planning applications. The publicity required depends on the nature of the development and the council’s own policies. This is usually set out in a council’s ‘Statement of Community Involvement’. In all cases the application must be published on the council’s website. And in this case the relevant requirements under the Councils Statement of Community Involvement were:
• The Council provide a neighbour notification to all properties within a five-metre radius of the proposed application site for minor developments.
• Properties within a conservation area require a site notice and a press notice.
8. All Councils have a local plan which set out a framework for the future development of the area which address needs, opportunities and conservation plans.

What happened

9. Mr X lives in a conservation area.
10. In 2019 Mr X’s neighbour made a planning application to the Council to convert a single-family dwelling into two flats with a basement extension.
11. Mr X raised objections to the application. He stated the previous developments to the property had already negatively impacted amenity, and he was concerned about the traffic survey, noise and air quality disruptions which might be caused.
12. The Council refused the application on the basis the proposal did not meet the requirements of a family home under its local plan as the proposal would result in the loss of space. An appeal was also refused.
13. In 2020 the Council issued a new local plan.
14. In late February 2021 the neighbour made a new application to convert the property into two flats.
15. In early March the Council sent a notice to the neighbouring properties to tell them of the development. A notice was also placed in the local newspaper. In early to mid-March a site notice was place directly outside the property.
16. The Council did not receive any objections and on consideration accepted the application.
17. Mr X says he did not receive any notice from the Council and only became aware of the plans in April 2022 when the neighbour came to discuss the building works.

Findings

18. We are not a planning appeal body. Our role is to review the process by which planning decisions are made. We look for evidence of fault causing a significant injustice to the individual complainant.
19. The application required the Council to send letters to properties within five metres, provide a site notice and advertise in the local newspaper as it related to a property in a conservation area. The Council sent notices to the flats opposite, the properties either side and to the rear, which the neighbouring properties including Mr X’s property. The notices explained it had received an application and where the plan and documents could be located as well as the deadline for submitting comments. I have seen photographic evidence that it also placed a site notice and advertised in the newspaper. The Council has followed the consultation process the law sets, and I find no fault.
20. I appreciate that Mr X says he did not receive his notice. While this is unfortunate the Council has acted in line with the regulations. We would not expect it to have proof of postage.

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Final decision

21. I have completed my investigation. I have not found fault.

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Investigator's decision on behalf of the Ombudsman