Summary: We will not investigate this complaint about the Council’s failure to inform the complainant about a planning application for more than 100 new properties close to her home. We have seen no evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. The complainant, I shall call Miss X, complains the Council failed to tell her about a planning application for more than 100 new properties close to her home.

Back to top

The Ombudsman’s role and powers

2. 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), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Planning authorities must publicise all planning applications. Depending on the nature of the development, publication may be by newspaper advertisement and / or site notice and / or neighbour notification (The Town and Country Planning (General Development Procedure) Order 1995.) The notice will invite ‘representations’ for or against the application and explain how those representations may be made. The opportunity to make representations is not the same as being consulted. The authority must consider all material representations it receives but officers will not correspond with members of the public who have objected to a planning application.

6. The Council confirms that it sent out an information pack to more than 1000 residents. This contained information about its proposal for a development near Miss X’s home. The pack also included a feedback form, a prepaid envelope and details on how to comment when the official planning application was submitted.
7. Miss X says she did not receive an information pack. I cannot say why she did not receive this. Nor can I say this was the Council’s fault. However, on hearing about the proposal from a third party, she contacted the Council. The Council says when Miss X told Officers she had not received the pack, one was sent to her.
8. The Council then put in a formal planning application for the development. It wrote to approximately 150 residents, displayed notices in the area , put an advert in the local paper and put information on social media.
9. The Council received a small number of objections to the application, including those from Miss X.
10. The Planning Officer’s report includes a summary of the objections. It lays out the national and local planning policies relevant to the application and explains why the Council considers the application is acceptable.
11. I have seen no evidence of fault in the way the Council processed the planning application. The Council does not have to consult with residents before putting in a planning application, although it is good practice to do so. It sent the information pack to Miss X when she advised it she had not received one.
12. The statutory procedure for publicising the application was followed and Miss X was able to object to the application. Her objections are included in the Planning Officer’s report and considered.

Back to top

Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault in the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman