Summary: We will not investigate this complaint about the way the Council decided to approve a planning application. There is not enough evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Mr X complains the Council ignored his request to speak to a planning officer during the consultation period for his neighbour’s planning application. He says the planning officer approved the application without having her work checked.

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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:

• there is not enough evidence of fault to justify investigating.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he wanted to discuss his neighbour’s planning application with the planning officer before deciding whether to object.
6. Planning authorities must publicise all planning applications. Depending on the nature of the development, publication may be by newspaper advertisement and / or site notice and / or neighbour notification (The Town and Country Planning (General Development Procedure) Order 1995.) The notice will invite ‘representations’ for or against the application and explain how those representations may be made. The opportunity to make representations is not the same as being consulted. The authority must consider all material representations it receives but officers will not enter into a dialogue with members of the public who have objected to a planning application.
7. The planning officer wrote a report on the neighbour’s application. This includes the relevant national and local planning policies, and the reasons the officer considered the proposal was acceptable.
8. The application was approved by the Council under its scheme of delegation.
9. I understand Mr X wanted to discuss the application with the planning officer. However, the Council was under no obligation to do so. The planning officer’s reports show the Council considered the relevant policies, neighbour amenity, and impact on the character of the area before deciding to grant planning permission.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council decided to approve his neighbour’s planning application.

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Investigator's decision on behalf of the Ombudsman