Summary: We will not investigate this complaint about the Council’s planning considerations. This is because there is not enough evidence of fault, and any injustice is not significant enough to warrant an investigation.

The complaint

1. Mrs X complained the Council was at fault, in how it considered a planning application for a property development. Mrs X said this meant there was inadequate provision for refuse collection on the road nearby as intended.
2. Mrs X said this has caused inconvenience and nuisance and will have a financial impact to put right.

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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, or 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

4. I considered information provided by the complainant and the Council’s planning website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained on behalf of her building owners, because the large refuse collection service could not be carried out, adjacent to her refuse storage facility. Mrs X said because the Council did not ensure there was a dropped kerb during the planning phase of the new development, next door, this shows there was a flaw in the planning process.
7. The evidence shows the Council refused the initial planning application, relating in part, to the decision on the storage site for the new development facility. This was overturned after an appeal by the applicant to the Planning Inspector and there is therefore no fault in how the Council made its planning decision. Consequently, we will not investigate.
8. Additionally, Mrs X said that while the waste collection is occurring, because of where this now must be located, it is an inconvenience and there is a loss of space elsewhere. Whilst I understand Mrs X’s complaint about the level of inconvenience it must be, our role is only to consider complaints where there is a significant personal injustice and one where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures by the Council. I am not satisfied any injustice there may be is significant enough to warrant our involvement.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault, and any injustice is not significant enough to warrant investigation.

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Investigator's decision on behalf of the Ombudsman