Summary: We will not investigate this complaint about the way the Council considered a planning application for a site next to the complainant’s home. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council failed to tell him about a planning application for a site next to his property. He also says the Council failed to consider the impact of the development on 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 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. The Council says it did not write directly to Mr X to tell him about the planning application. It says this may have been because at the time, Mr X’s address was listed as unofficial.
6. However the Council confirms it erected a site notice and placed a notice in the local paper. Therefore it satisfied its statutory obligations. Also, Mr X objected to the planning application, therefore he did not suffer any injustice by the Council’s lack of a notification letter.
7. Mr X also complains the Council failed to consider the impact of the development on his property.
8. Planning controls the design, location and appearance of development and its impact on public amenity. Planning controls are not designed to protect private rights or interests. The Council may grant planning permission with conditions to control the use or development of land.
9. Local Planning Authorities must consider each application it receives on its own merits and decide it in line with their local planning policies unless material considerations suggest otherwise. Material considerations concern the use and development of land in the public interest and include issues such as overlooking, traffic generation and noise. People’s comments on planning and land use issues linked to development proposals will be material considerations. Councils must take such comments into account but do not have to agree with those comments
10. The Planning Officer’s report includes a summary of the objections it received, including those made by Mr X. It addresses the objections raised and specifically considers the impact of the development on Mr X’s property, including, noise and glint/glare. The report also lays out what legislation has applied to the case and why the officer has made their recommendation. The officer recommended the application for approval. This is a professional judgement and decision the officer is entitled to make.
11. A senior officer agreed with the recommendation and the application was approved under the Council’s scheme of delegation.

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Final decision

12. We will not investigate Mr X’s complaint because there is no evidence of fault in the way the Council considered a planning application for a site close to his property.

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Investigator's decision on behalf of the Ombudsman