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.

The complaint

1. Mr X complains the Council failed to correspond or consult with him in a timely and open manner during a planning application for a new property opposite his home.
2. He wants the Council to improve its consultation with the public on planning applications.

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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.

(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 Mr 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 not the same as 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. Mr X says he did not receive a letter telling him of the planning application. However, the Council confirms it sent out letters to properties near the site, erected a site notice and placed an announcement in the local paper.
8. Mr X confirms he read the site notice and objected to the application. He also confirms the Planning Officer’s report included a summary of his objections.
9. Based on the evidence available I am satisfied the Council met its statutory publicity requirements.
10. I understand Mr 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.

It is not required to engage in correspondence with those who object to applications or notify objectors when planning decisions are made.

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Final decision

11. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman