Summary: We will not investigate this complaint about the way the Council publicised and considered an application to vary a planning condition on a previously approved planning application. There is not enough evidence of fault in the Council’s actions to warrant our involvement. Also it is too late to complain about the decision to approve the original planning application in 2023.

The complaint

1. Mr X complains the Council failed to tell him about a planning application to vary a condition on a planning permission for the plot next to his home.
2. He also complains about the design of the new property and raises party wall issues.

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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))

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. In 2023 the Council received a planning application to demolish the building next to Mr X’s home and build a new house.
8. Mr X commented on the application and the Council granted planning permission in 2023.
9. In 2024, the Council received an application to vary a condition on the original planning permission. The only change was to bring part of the new building forward. No other changes were made.
10. The Council erected a site notice to publicise the application.
11. Regulations set out the minimum requirements for how councils publicise certain planning applications. In this case, the Council had to publicise by either:

• a site notice; or
• serving notice on adjoining owners or occupiers.

12. The Council met the statutory requirement by erecting a site notice. There is no statutory obligation for it to also serve a notice on neighbouring or adjoining properties.
13. The Council did not receive any comments on the new application. The Planning Officer’s report shows it considered the impact of the proposed change on Mr X’s amenity. It decided to approve the application.
14. I have not seen sufficient evidence of fault in the way the Council publicised or considered the 2024 application to vary a planning condition.
15. I understand Mr X is not happy with the design of the new property. However, this was approved in 2023 as part of the original planning application.
16. The law says a complaint must be made to the Ombudsman within 12 months of the complaint becoming aware of the matter.
17. Mr X was aware of the original application which included the plans and design for the new property. The decision on the original application was made more than two years ago. A complaint about this is late and I have seen no good reason to exercise discretion on this point.
18. Mr X also raises party wall concerns. Adherence to the Party Wall Act is a civil matter and not a material planning concern. Such issues are between Mr X and his neighbour and not for the Council to resolve.

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Final decision

19. We will not investigate Mr X’s complaint because:
• We have not seen enough evidence of fault in the way the Council publicised the application to vary a planning condition which it received in 2024.
• It is too late to complain about the decision to approve the original planning application in 2023.
• Concerns about the Party Wall Act are civil matters between Mr X and his neighbour.

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Investigator's decision on behalf of the Ombudsman