Teignbridge District Council (23 001 376)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 16 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with prior approval applications for a site near the complainant’s home. This is because the complainant has not suffered any significant injustice as a result of the alleged fault.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with prior approval applications to change the use of an agricultural building near his home.
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:
- 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X has raised many concerns about how the Council dealt with prior approval applications for a site near his home. He says the relevant provisions were not complied with and the Council did not publicise the applications as it should have. Mr X also says the case officer ignored the objections received and says the applicant did not provide sufficient evidence to support their application.
- However, I cannot say Mr X has suffered significant injustice because of any alleged fault with how the Council dealt with the applications. The Council refused both applications and therefore the applicant does not have permission for the development. Mr X says he is worried that a further application may be made for the development. I understand an application is currently pending for the site. But the Council will need to look at each proposal on its own merits and consider any comments it receives as part of its assessment of the application.
Final decision
- We will not investigate Mr X’s complaint because he has not suffered significant injustice as a result of the alleged fault.
Investigator's decision on behalf of the Ombudsman