Summary: We will not investigate this complaint about the way the Council considered a planning application. There is not enough evidence of fault in the Council’s action to justify an investigation. Nor can we achieve the outcome the complainant is seeking.

The complaint

1. Mr X complains the Council ignored his objections to a planning application. He also alleges that an anonymous senior planning officer advised him the case officer dealing with the application was told to ignore the objections received.

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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, 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

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. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
6. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made.
7. Mr X says the Council ignored the objections it received on a planning application to two new properties on a site next to his home. However, I am satisfied the Council properly assessed the acceptability of the development, including the impact on the area and neighbouring properties, before granting planning permission. The case officer’s report refers to the objections received and explains why the officer considers the application overcame the objections.
8. Mr X also alleges an anonymous council officer says the case officer was instructed to ignore the objections received. However, he has provided no evidence to support this allegation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council dealt with the planning application to justify an investigation.
10. Also, the Ombudsman cannot require the Council to revoke the planning permission. Therefore, we cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman