Summary: We will not investigate this complaint about the way the Council publicised a planning application. We have not seen enough evidence of fault to justify an investigation. Also, we cannot achieve the outcome the complainant is seeking.

The complaint

1. Mrs X complains the Council failed to consult her on a planning application for a new property opposite her home.
2. She wants the Council to either:
• withdraw the planning permission; or
• change the permission to allow a single storey property only.

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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, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Planning authorities must publicise all planning applications. Depending on the nature of the development, publication may be by newspaper advertisement and / or site notice and / or neighbour notification (The Town and Country Planning (General Development Procedure) Order 1995). The notice will invite ‘representations’ for or against the application and explain how those representations may be made. The opportunity to make representations is different from being consulted. The authority must consider all material representations it receives but officers will not enter into a dialogue with members of the public who have objected to a planning application.
7. Mrs X says she did not receive a letter telling her of the planning application. However, the Council confirms it sent out letters to properties near the site, erected a site notice and placed a notice in the local paper.
8. I cannot know why Mrs X did not receive the Council’s letter. However, in response to the complaint, the Council says its records show it sent the letters. The Council is not required to keep copies or to provide proof of postage. I consider that further investigation on this point is unlikely to lead to a different outcome.
9. Mrs X says the Council did not erect a site notice. However, evidence suggests it did so. During my telephone conversation with Mrs X, she confirmed her objections concerned the height of the new building and its effect on her amenity. The Council’s website shows several objections received to the application. The Planning Officer’s report includes a summary of the objections received including objections about the height of the proposed building and its impact on those who live opposite the site, as does Mrs X.
10. I understand Mrs X is not satisfied with the publicity given to planning applications. However, when dealing with a planning application the Council is not required to do more for third parties than to:
• erect a site notice OR notify neighbours
• place a notice in the local paper (for listed building applications)
• receive and consider comments on the application; and
• issue a decision.
11. It is not required to engage in correspondence with those who object to applications or notify objectors when planning decisions are made.
12. Mrs X also complains the new building will cause her to lose light and privacy and will encroach on her property.
13. The Planning Officer’s report refers to the impact of the proposed building on the neighbouring properties. The Officer explains why they consider the new building will not dominate neighbouring homes. Having considered the objections, this is a decision the Council is entitled to make.
14. I understand Mrs X wants the Council to withdraw or amend the planning permission. However, this is not something the Ombudsman can achieve.

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Final decision

15. We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault in the Council’s actions. Also, we cannot achieve the outcome Mrs X is seeking.

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Investigator's decision on behalf of the Ombudsman