Bury Metropolitan Borough Council (22 017 723)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning permission granted by the Council because there is no evidence of fault by the Council.
The complaint
- Ms X complains that the Council improperly granted planning permission for a neighbouring building as the planning applicant was an employee of the Council.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Council granted planning permission in 2017 for a separation of a neighbouring building into separate business area. She says that there is a condition which requires that a bin area had to be created for one of the businesses but this was not enforced by the Council.
- She complained to the Council that a further planning application had been submitted where the applicant was not the owner and was related to a Council employee.
- The Council replied stating that they were satisfied by the ownership statement but, ultimately, any ownership dispute is a private matter. The Council added that a Council employee is entitled to make a planning application but, where the applicant is related or known to the Council’s Planning department or other senior officers, the planning application has to be considered by the Planning Committee.
- I am satisfied that the Council properly considered the planning application. In the absence of fault, the Ombudsman cannot question the merits of the planning permission decision itself.
- The issue of enforcement was not part of the complaint considered by the Council and therefore is premature. If Ms X is unhappy with the Council’s response on this separate matter she may make a further complaint to this office.
Investigator's decision on behalf of the Ombudsman