Epsom & Ewell Borough Council (23 015 849)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 20 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the way the Council dealt with a planning application. The Council refused the application. Therefore, we do not consider the complainant has suffered a significant personal injustice which warrants an investigation.

The complaint

  1. Mr X complains the Council failed to consider the impact on his property from a proposal for a new property on an adjacent site.

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The Ombudsman’s role and powers

  1. 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.

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

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How I considered this complaint

  1. I considered information provided by the complainant and on the Council’s website.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council’s website shows it refused the planning application. Therefore, Mr X has not suffered any significant personal injustice because of the Council’s actions. The developer has appealed to the Planning Inspectorate and Mr X confirms he has made written representations to the Inspector.

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Final decision

  1. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice because of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman

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