Summary: We will not investigate Mr X’s complaint about the Council’s response to consultation by the District Council about his neighbour’s planning application. This is because we could not say the Council’s actions have caused Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains about the Council’s response to consultation about his neighbour’s planning application. He says his neighbour’s development affects his visibility when leaving his property and has reduced the value of his property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council, as local highway authority, is a consultee for Mr X’s neighbour’s planning application but it is not the local planning authority and is not determining Mr X’s neighbour’s application. The Council has responded to the District Council, which is the planning authority, and confirmed it has no objections to the proposal. Mr X disagrees with its response and wants it to amend its comments.
6. But the Council is not responsible for the planning decision, which is a matter for the District Council. It is entitled to give its opinion and the content of its response is a matter of professional judgement; we cannot therefore question it.
7. In any event, the District Council has not yet made any final decision about the planning application so any injustice Mr X claims is entirely speculative at this stage. Further, the Council’s response to the consultation is only one of several issues the District Council must take into account when reaching its decision. Neighbour objections are another material consideration so if Mr X believes the application should be refused he should object.

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Final decision

8. We will not investigate this complaint. This is because we cannot say the Council’s actions have caused Mr X significant injustice. The injustice Mr X claims stems from a possible future decision by the District Council on his neighbour’s planning application which has not yet been made.

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Investigator's decision on behalf of the Ombudsman