Summary: The complainants argue that the Council acted with fault in their response as consultee to a planning application. We will not investigate this complaint because the planning permission was granted by a different Council and we cannot conclude that the alleged fault by the County Council led to an injustice.

The complaint

1. The complainants argue that the Council acted with fault in their response as consultee to a planning application.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained.

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

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

4. Planning permission was granted by Arun District Council in October 2017 for a development of houses with a condition that an acoustic fence be provided to reduce noise pollution from a nearby road.
5. Details were submitted to Arun District Council in 2019 which altered the fence from a previously indicated timber boarded fence to a steel fence. The County Council says that this would provide more acoustic noise protection, together with an increase in the height of the fence.
6. Arun Council reviewed their decision to grant planning permission in 2017 in a Planning Committee meeting in May where they resolved to further review their decisions and consider alternative options.
7. No formal complaint has been made to the District Council about their planning decisions.
8. The planning permission was granted by the District Council following advice by the County Council. The cause of any alleged injustice to the complainants lies with the District Council’s decision to grant planning permission. In the absence of any investigation of the District Council we cannot conclude that the comments of the County Council caused injustice to the complainants.

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Final decision

9. I do not intend to investigate this complaint because the Ombudsman cannot conclude that the Council’s actions led to an injustice.
    

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Investigator's decision on behalf of the Ombudsman