Summary: We will not investigate this complaint about the way the Council dealt with a planning application. There is not enough evidence of fault in the Council’s actions. Nor can we achieve the outcome the complainant is ultimately seeking.

The complaint

1. Mr X complains the Council failed:
• to follow its protocols on publicising planning applications
• to consider the impact of a new roundabout on his business; and
• to investigate his complaint.

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

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My assessment

5. Mr X complains the Council failed to consult him on a planning application. The application includes construction of a roundabout outside his property.
6. The Council confirms:
• 20 site notices were placed at locations around the area
• a notice was placed in the local paper
• the parish council was consulted
• a two-day public consultation was publicised and carried out in 2022
• a leaflet drop carried out which included Mr X’s property; and
• a dedicated website set up
7. 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 a dialogue with members of the public who have objected to a planning application.
8. The Council’s Statement of Community Involvement states that site notices or neighbour notification letters will be used to publicise the application. Press notices will also be published for certain cases.
9. In this case the Council has outlined the steps taken to publicise the application. These steps have satisfied the Council’s statutory obligations.
10. Mr X complained the Council has failed to consider the impact of the development on his property and business.
11. The Council confirmed the location of Mr X’s property was considered as part of the planning process. Officers used information from its Geographical Information System (GIS) database and decided the HGVs could access and egress his property in a forward gear by manoeuvring within the site layout. It told Mr X that if he believed this is not the case he should contact the project manager.
12. Mr X contacted the project manager. Officers visited Mr X at his property. They inspected the site and discussed his concerns with him. A new proposal was drawn up. Mr X disagreed with the new proposal.
13. The Council confirms the revised proposal complies with all relevant design and safety criteria.
14. I understand Mr X remains dissatisfied with the roundabout which is outside his property. However, we have not seen evidence of fault in the way the Council publicised the development. It also considered the impact of the proposal on his property before approving the application. I understands Mr X disagrees with the Council; however this does not mean the Council is at fault.
15. Mr X wants the roundabout moved away from his property. This is not something we can achieve.

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Final decision

16. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council dealt with a planning application. And we cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman