Maidstone Borough Council (23 008 551)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 09 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the grant of planning permission as there is insufficient injustice to warrant investigation.
The complaint
- Mr X complains about the grant of prior approval for a phone mast.
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.
(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 errors were made in the way the Council considered a planning application for prior approval for a phone mast. The Council does not accept that there were errors in the distances quoted in the Planning Officer report.
- Mr X lives approximately a mile away from the site and is not personally affected by the Council’s decision. In the absence of any significant injustice to Mr X the Ombudsman would not investigate this complaint.
Investigator's decision on behalf of the Ombudsman