Summary: We will not investigate this complaint about the Council’s failure to publish all comments received on planning applications. The Council confirms it will now publish all comments it receives on planning applications, further investigation on this point will not lead to a different outcome. Also, we have not seen enough evidence of fault in the way the Council deals with applications for non-material amendment applications.

The complaint

1. Ms X complains the Council has removed the ability of its residents to comment on key factors associated with planning applications. The Council no longer publishes planning comments on applications to discharge conditions and make amendments.
2. Ms X also complains the Council has:
• no process for making complaints about its planning department; and
• changed the rules for calling in planning applications

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council confirms it is now publishing all comments it received on planning applications.
7. Councils can make a change to any planning permission, or planning permission in principle, if it is satisfied the change is not material. Government guidance says there is no statutory definition of ‘non-material’ because it will depend on the context of the overall scheme. The guidance says an amendment that is non-material in one case may be material in another case. The council must be satisfied that the amendment being applied for is non-material to grant the application.
8. There is no legal requirement for councils to conduct statutory consultation or publicity for non-material amendment applications, as they would for full planning applications. A council will usually make an assessment based on the information submitted in the application. If the council finds the amendment is acceptable, the amendment will be agreed in writing.
9. There is no statutory requirement for a local planning authority to consult the public on applications to discharge planning conditions. Whether it is necessary to consult on such applications is a matter for the local planning authority.
10. In view of the details set out in paragraphs eight and nine above, I have not seen enough evidence of fault in the Council’s actions to warrant an investigation of this part of Ms X’s complaint.
11. Ms X also complains the Council has changed its rules for calling in planning applications. The Council sets out the arrangements for deciding planning applications in the scheme of delegation which forms part of its constitution.
12. The Council reviewed its scheme of delegation and decided not to make any changes. This is a decision it is entitled to make and we have seen no evidence of fault in the Council’s actions on this point.
13. Finally, Ms X says there is no process for making complaints about the planning department. I have seen no evidence of this. There are several contact forms for different departments available on the complaint pages of its website. These may reflect the most common reasons for contacting the Council such as reporting missed bin collections, parking problems or noise nuisance. I agree there is no specific form for the planning department. However, this does not prevent anyone from making a formal complaint about the planning service, although planning applicants have a right of appeal to the Planning Inspectorate against decisions to refuse planning permission.

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Final decision

14. We will not investigate Ms X’s complaint because:
• We have not seen enough evidence of fault in the Council’s decision not to consult the public on non-material amendment applications.
• The Council has confirmed it will publish all comments received on planning application. Therefore, further investigation on this point will not lead to a different outcome.
• We have not seen evidence of fault in the Council’s review of its scheme of delegation and decision not to make any changes; and
• We have seen no evidence the Council does not provide a route for making complaints about its planning service.

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Investigator's decision on behalf of the Ombudsman