Summary: We will not investigate Mrs X’s complaint about the Council failing to notify her of her neighbour’s application for a Certificate of Lawful Development. This is because there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Mrs X complains that the Council did not inform her when her neighbour applied for a Certificate of Lawful Development, so she was denied the right to object to the application.
2. She also complains the Council failed to tell her the neighbour had appealed to the Planning Inspectorate.
3. Mrs X wants the Certificate of Lawful development overturned.

Back to top

The Ombudsman’s role and powers

4. 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)).
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspector. (Local Government Act 1974, sections 25 and 34(1), as amended)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Mrs X’s neighbour applied for a Certificate of Lawful Development. The Council refused the application and Mrs X’s neighbour appealed to the Planning Inspectorate. The Planning Inspectorate allowed the appeal and provided the Certificate of Lawful Development. I cannot investigate any complaint about the Planning Inspectorate as this is outside the jurisdiction of the Ombudsman.
10. Mrs X says the Council should have written to her and other neighbours when her neighbour submitted his application and when they appealed to the Planning Inspector. There is no duty on a local planning authority to notify neighbours when an application for a Certificate of Lawful Development is submitted, nor when an appeal is lodged against a refusal.
11. We look at the process a council followed to make its decision. If the Council followed the process correctly, we cannot question that decision even if a complainant disagrees with the decision made.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault. Also, we cannot consider the actions of the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman