Summary: We will not investigate this complaint about the way the Council dealt with a planning application for a site near Ms X’s home. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Ms X complains the Council failed to declare a corporate interest in a planning application despite having a financial benefit. She says the applicant has a leasehold relationship with the Council. Therefore if the development goes ahead the Council will get more money.

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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.

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. There is no requirement for the Council to declare an interest as freeholder of the site at the planning committee meeting.
6. The Planning Committee minutes show Ms X spoke at the meeting and her objections to the proposal were included in the summary of objections received by the Council which are detailed in the Planning Officer’s report on the application.
7. The Council has apologised for the delay in responding to Ms X’s complaint.

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Final decision

8. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the way the Council processed the planning application to justify an investigation.

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Investigator's decision on behalf of the Ombudsman