Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development near to the complainant’s home. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained about how the Council granted planning permission for development near her home. She has also complained about how the Council has dealt with alleged breaches of the planning permission.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not provide a right of appeal against a council’s decision. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs B and the Council. I have also considered our Assessment Code.

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My assessment

5. The Council received a planning application for development near to Mrs B’s home. It had to consider the planning merits of the application and grant planning permission if there were no valid grounds for refusal.
6. The Council publicised the application and invited Mrs B and other neighbours to comment on it. A planning officer set out the planning issues in a report which addressed the issues raised. The Council decided there were no valid grounds to refuse the application and so granted planning permission.
7. More recently, Mrs B has complained to the Council about breaches of the planning permission. It is for the Council to decide what, if any, enforcement action it should take if it identifies a breach. Although the details are confidential, I am satisfied the Council has addressed Mrs B concerns appropriately.
8. Mrs B also raised other issues with the Council which are not planning matters and which are best considered by other agencies.

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Final decision

9. We will not investigate Mrs B’s complaint because there is nothing to suggest fault affected the Council’s decision to grant planning permission. The Council has reacted reasonably to her concerns about breaches of the planning permission.

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Investigator's decision on behalf of the Ombudsman