Summary: We will not investigate this complaint about the handling of a planning application because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Mr Y complains about the Council’s handling of a planning application. He says the application should have been called in and heard by the planning committee.
2. Mr Y also complains about poor communication from the Council and councillors.

Back to top

The Ombudsman’s role and powers

3. 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))
4. We 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)

Back to top

How I considered this complaint

5. I considered information provided by Mr Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Council received a planning application, regarding a change of use to a property. It notified councillors of this through its weekly publication of applications. Councillors have 21 days to consider whether planning applications should be called in to be heard by the planning committee, otherwise it is delegated to officers. The Council also notified the public of the application, via consultation letters and site notices.
8. Mr Y is unhappy the application was not called in and heard by the planning committee. The Council explained no councillor called in the application within the statutory period; therefore, the application was determined by an officer under delegated powers as per its policy.
9. Mr Y says a committee meeting would have allowed him and others to have their say on the application. However, the Council did consult with the public, and their comments were considered by the officer when determining the outcome of the planning application including Mr Y’s.
10. I am satisfied the Council properly considered the planning application in line with local and national policies and used its professional judgement to determine the outcome of this. There is insufficient evidence of fault in the Council’s actions, therefore we will not investigate this complaint.
11. 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 the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether somebody disagrees with the decision the organisation made.
12. I understand Mr Y is unhappy that specific councillors did not respond to him and that their communication was poor. The Council explained councillors are elected members and respond at their discretion. It is not for the Ombudsman to investigate or comment about individual councillors. If Mr Y believes the councillors breached the member’s code of conduct, he can make a separate complaint to the Council’s Monitoring Officer.
13. Mr Y also complains about the Council’s complaint handling. I acknowledge there were delays in the Council’s responses. 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.

Back to top

Final decision

14. We will not investigate Mr Y’s complaint because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman