Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a neighbouring development. This is because there is not enough evidence of fault, and we cannot achieve the outcome Miss X is seeking.

The complaint

1. Miss X complained the Council failed to properly consider the impact of a neighbouring development on her privacy when granting planning permission. She says this has affected her mental health and caused distress. Miss X wants her privacy reinstated.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X said the Council failed to properly consider the impact on her property when granting planning permission.
7. I have reviewed the planning officer’s report. It shows they considered the application on its merits, referenced the relevant planning policy, had access to the plans and considered the impact on neighbouring properties. The Council also said a planning investigation officer later visited the site and confirmed there were no breaches of planning control.
8. The Ombudsman is not an appeal body. We cannot reverse the Council’s decision. Nor do we take a second look at a decision to decide if it was wrong. Instead, we look at the processes the Council followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the Council made.
9. I will not investigate Miss X’s complaint because on the information available in the reports, there is evidence the council have correctly followed planning law.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault, and we cannot achieve the outcome she is seeking.

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Investigator's decision on behalf of the Ombudsman