South Gloucestershire Council (24 003 612)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 21 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the content of the Council’s planning decision notice because there is insufficient evidence of fault, and Miss X has not been caused a personal injustice.
The complaint
- Miss X complained the Council failed to include relevant legislation in a decision notice it issued regarding a planning application.
- Miss X says the matter has caused her uncertainty.
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.
(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
- Miss X complained a planning decision notice issued by the Council did not include the relevant legislation upon which part of its decision was made. The Council responded and told Miss X it did not need to include a reference to the legislation in its decision notice.
- We will not investigate this complaint. The Council’s decision notice explains the restrictions it put in place. Whether or not the Council includes a reference to the underpinning legislation does not change the restrictions or the Council’s ability to take enforcement action if the restrictions are breached. There is insufficient evidence of fault to warrant an investigation by the Ombudsman.
- In addition, the issues Miss X complained about have not caused her a significant personal injustice. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault or injustice to warrant an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman