Summary: We will not investigate this complaint about failure in the way the Council considered a planning application. We do not consider the complainant has suffered a significant personal injustice which warrants our involvement.

The complaint

1. Mr X complains about the way the Council processed a planning application. He says the Council:
• Failed to act on an incorrectly completed certificate ownership on a planning application.
• Failed to consider the covenant on the property limited development to one property per plot; and
• Failed to exercise discretion and forward the application to the Planning Committee for decision despite significant local opposition to the proposal.

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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 any injustice is not significant enough to justify our involvement.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the Council failed to act when it was told a planning applicant falsely claimed to live in a property when they did not. He says by claiming to live in the house the applicant is exempt from costs related to biodiversity net gain requirements.
6. He also says the Council:
• Failed to require the applicant to serve notice on others with an interest in the land.
• Failed to consider a covenant on the plot which restricts each plot to one property.
• Failed to consider the number of objections received and forward the case to the Planning Committee.
7. Mr X wants the Council to revoke the planning permission and change its scheme of delegation.
8. I understand Mr X is concerned the decision to approve the planning permission is not consistent with previous decisions on planning applications for the area. However, he is not a direct neighbour to the application site and lives some roads away.
9. We will not normally investigate a complaint unless there is good reason to believe the complainant has suffered significant personal injustice as a direct result of the actions or inaction of the council. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults by the council.

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Final decision

10. We will not investigate Mr X’s complaint because we do not consider the alleged faults have caused Mr X a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman