Summary: We will not investigate this complaint about how the Council dealt with a planning application and breaches of planning control. This is because we are unlikely to find fault. It is also not yet possible to say if the complainant has suffered significant injustice.

The complaint

1. Ms X has complained about how the Council has dealt with a planning application and possible breaches of planning control for a development near her property. Ms X says the development has a significant impact on her home and the Council has failed to take any action in relation to breaches of planning control.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. 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.
8. In this case, I am satisfied the Council properly assessed the acceptability of the development before granting planning permission. The case officer’s report referred to the impact on neighbouring properties and the area. However, the officer decided the proposal would not cause an unacceptable loss of privacy to neighbouring residents.
9. I understand Ms X disagrees with the Council’s decision to grant planning permission. But the Council was entitled to use its professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
10. Ms X has also complained about how the Council has dealt with possible breaches of planning control. Ms X says she has reported the breaches to the Council, but it has failed to take any action.
11. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
12. In this case, the Council says its enforcement investigation is ongoing, and it will update Ms X as it progresses. As the Council’s investigation has not concluded, it is not yet possible to say if Ms X has suffered any significant injustice because of any fault with how the Council looked into her concerns. The Council may still decide there has not been a breach or that further action is not necessary. Ms X can return to the Ombudsman and make a new complaint once the Council’s enforcement investigation has ended.

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Final decision

13. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council. It is not yet possible to say if Ms X has suffered significant injustice in relation to any fault with how the Council investigated possible planning breaches.

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Investigator's decision on behalf of the Ombudsman