Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not suffered significant injustice.

The complaint

1. Mr X has complained about how the Council dealt with a planning application for a development in the area where he lives. Mr X says the Council failed to properly publicise the application and his objection to the proposal was not properly considered. Mr X also says the Council misinterpreted its planning policy.

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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 fault has not caused injustice to the person who complained, 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

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Councils are required to give publicity to planning applications. The publicity required depends on the nature of the development. However, in all cases the application must be published on the Council’s website.
5. Mr X has raised many concerns about how the Council notified residents about the application. However, I do not consider Mr X has suffered any significant injustice because of any alleged fault by the Council. Mr X was still aware of the application and commented on the proposal.
6. Mr X has said the Council did not properly consider his objections during the planning panel meeting. He also says the development does not comply with the Council’s development plan. However, the application has not yet been decided. Therefore, I cannot say if Mr X has suffered any injustice because of any alleged fault with how the Council has considered the acceptability of the application and what happened during the planning panel meeting. The Council may still decide to refuse planning permission. Mr X can return to the Ombudsman and raise a separate complaint if planning permission is granted in the future.
7. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

8. We will not investigate Mr X’s complaint because he has not suffered any significant injustice.

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Investigator's decision on behalf of the Ombudsman