Summary: We will not investigate this complaint that the Council failed to consider the complainant’s objections to his neighbour’s planning application. The alleged faults have not affected the planning outcome, so have not caused the complainant a significant injustice.

The complaint

1. Mr X complains the Council failed to consider his objections when determining a planning application for a development at a neighbouring property.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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

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

3. In the context of a planning complaint, we will review the process by which a planning decision has been made and look for evidence of any fault that causes a significant injustice to the individual complainant. In other words, we will consider whether any fault in the decision-making process is likely to have affected the planning outcome.

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How I considered this complaint

4. I considered:
• information provided by Mr X and the Council, including the Council’s complaint responses.
• information about the planning applications for the site, on the Council’s planning portal.
• online street-view images of the road.
• the Ombudsman’s Assessment Code.

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My assessment

5. I can understand why Mr X is concerned that his objections were not taken into account when the Council determined his neighbour’s application. Although his letter is evident on the Council’s online planning case file, the delegated report for the application contains two references to no representations having been received.
6. However, I am satisfied that even if Mr X’s objections had been specifically referred to in the delegated report the planning outcome would have been the same. I therefore do not consider Mr X has suffered a significant injustice as a result of the alleged errors by the Council, so the Ombudsman will not start an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because the alleged faults by the Council have not caused him a significant injustice.

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Investigator's decision on behalf of the Ombudsman