Summary: We will not investigate this complaint about the way the Council dealt with a planning application for a mobile phone mast. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X said the Council failed to notify residents of his street when it received a planning application for a mobile phone mast in a neighbouring field. He said he lost the opportunity to suggest mitigations. He also said the planning permission had not been complied with as parts of the mast were not painted green. He said the mobile phone mast affected the view from his property.

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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:

• 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

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

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My assessment

5. The Council’s duty to notify residents of a planning application requires either a site notice or individual letters to neighbouring properties. There is no dispute that it attached a site notice, and notified neighbours in another street. That Mr X questions why it did not also notify neighbours in his street does not mean investigation by us would be likely to find the Council acted with fault.
6. The Council’s response to Mr X stated the grant of planning permission did not require the developer to paint green all parts of the equipment installed. I note that the effect of a development on a person’s view is not a relevant planning consideration the Council should consider. Even if there were a planning breach, the power to take enforcement action is discretionary, and the Council has confirmed its position. Investigation by us would therefore be unlikely to find the Council should have imposed a planning condition that all parts of the mobile phone mast should be painted green. Nor would investigation be likely to find the Council should have taken enforcement action against any failure to paint a part of the equipment green.

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Final decision

7. We will not investigate Mr X’s complaint because doing so would be unlikely to find sufficient fault by the Council or consequent injustice to Mr X to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman