Lancaster City Council (23 008 379)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 08 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning permission and enforcement because there is insufficient injustice to warrant investigation.
The complaint
- Mr X complains that a planning applicant was given preferential treatment in the way a planning application was determined and enforcement action considered.
The Ombudsman’s role and powers
- We investigate 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 continue 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, or
- we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that a planning applicant used an architect who was given preferential treatment, and, as a result, was unreasonably granted planning permission for a development and no enforcement action was taken.
- Mr X says that, as a result of this, he was caused time and trouble in making a complaint.
- I note that Mr X is not personally affected by the development itself as he lives across a road and a distance away. His amenity is not affected.
- I do not consider that the effect upon Mr X is sufficient to warrant investigation. If a neighbour whose amenity has been affected (such as loss of light or privacy) wishes to make a complaint that will be a matter for them. For the reason given above, we will not therefore investigate this complaint.
Investigator's decision on behalf of the Ombudsman