Summary: We will not investigate this complaint about the Council’s handling of a planning application and the subsequent complaint process. There is insufficient evidence of fault in the way the application was determined, and we will not look at the complaints process in isolation.

The complaint

1. Mr X complains about the Council’s handling of a planning application and subsequent complaint relating to a development at a neighbouring property. In particular, he says:
• he was not notified about the planning application.
• his emails to planning enforcement were ignored and his telephone calls were not returned.
• the handling of his Stage 1 and 2 complaints was inadequate, as the responses did not properly address his concerns.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. With regard to the first bullet point above, we can consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. And it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered:
• information provided by Mr X and the Council.
• information about the planning application, as available on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Mr X is unhappy about his neighbour’s extension. But the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council made its decision. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
7. I consider there is insufficient evidence of fault in the way the Council handled the planning application, so we will not start an investigation. In reaching this view, I am mindful that:
• The Council says a notification letter was produced for Mr X’s address, and that no ‘returned’ or ‘undelivered’ letters were received back. We cannot hold the Council responsible for any errors by Royal Mail in delivering the letter.
• The delegated officer report assesses the impact of the proposal on Mr X’s residential amenity. The Council was entitled to reach a professional judgement on whether the development was acceptable, even if Mr X disagrees with the decision made.
• The Council has previously said it has no record of the emails Mr X says he sent to planning enforcement. And in response to our enquiries, the Council has again checked its records and cannot find any trace of Mr X making contact on 30 June 2025.
• The Council has advised Mr X how to contact planning enforcement if he believes the development is not being constructed in accordance with the approved plans.
8. As we are not investigating the Council’s handling of the planning application, it would not be a good use of our resources to look at the subsequent complaint handling in isolation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council handled the planning application, and we will not look at its subsequent complaint handling in isolation.

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Investigator's decision on behalf of the Ombudsman