Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not suffered significant injustice. It is also unlikely an investigation would add to the Council’s response.

The complaint

1. The complainant, whom I shall refer to as X, has complained about how the Council has dealt with a planning application. X says the Council failed to notify local residents about the application. X has also complained about a garden room on the site.

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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 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:

• 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. Councils are required to give publicity to planning applications. The publicity required depends on the nature of the development. However, in all cases the application must be published on the Council’s website.
5. In this case, the Council says it wrote to neighbouring residents. I understand X disputes this. However, even if the Council failed to publicise the application as it should have, I do not consider X has suffered any significant injustice as a result. X was still aware of the application and able to object to the proposal.
6. X has raised concerns about the proposed development and the impact this will have on their home. But the application has not yet been determined. Therefore, I cannot say X has suffered any injustice because of any alleged fault with how the application has been dealt with as planning permission still may not be granted. X can return to the Ombudsman with a new complaint if they remain unhappy once the planning application is determined.
7. X has also complained about a garden room on the site. The Council says this was built under permitted development rights and therefore planning permission was not necessary. However, it will check that PD requirements have been met. The Council has also referred X’s concerns about noise and parking to its highway and environmental health teams and X has been asked to provide additional information so concerns about noise can be considered further. It is unlikely an investigation by the Ombudsman could add to the Council’s response in this regard.

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Final decision

8. We will not investigate X’s complaint because they have not suffered any significant injustice. It is also unlikely an investigation by the Ombudsman would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman