Summary: We will not investigate Mr X’s complaint about the Council’s decision to approve a planning application for a development close to his home. This is because there is not enough evidence of fault by the Council or that Mr X has been caused a significant personal injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council has approved a planning application for a development close to his home. The development contains a nature pond and Mr X is concerned it will attract adders to the site. Mr X is concerned the Council has not properly considered this issue.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

3. 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. (Local Government Act 1974, section 34(3), as amended

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How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman, the information he provided, and his correspondence with the Council. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. The general power to control development and use of land is detailed in the Town and Country Planning Act 1990.
6. Councils should approve planning applications that accord with policies in the local development plan unless other material planning considerations suggest they should not.
7. Councils need to provide evidence to show they have considered the material planning considerations. This evidence is normally found in the case officer’s report and the planning decision notice.
8. It is for the decision maker to decide the weight to give to any material consideration in deciding a planning application. Local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission.
9. When considering complaints about planning applications, we look for evidence the Council followed a proper process before making its decision. We expect to see evidence the Council has identified the material planning considerations raised by the application and properly considered them. The weight an officer gives to those considerations is a matter for their judgement. The Ombudsman will not consider the merits of the planning application. We cannot criticise an officer’s professional judgement or assessment of the application without evidence of fault in the process followed.
10. The Council has recently approved a development close to Mr X’s home. The development will contain nine bungalows and a nature pond. Mr X commented on the application and raised concerns the pond would attract newts, which would attract adders. As part of his comments, Mr X referred to a resident who had recently been bitten by an adder. Mr X is concerned the Council did not take this into account. He is concerned the adders could pose a danger to children who might be playing in the area.
11. The planning officer’s report referred to the comments received – including Mr X’s. But there was no need for the report to set out in full the comments received. The Council has explained this in its response to Mr X’s complaint. It said the officer who approved the application had access to all the comments received. I note the Planning section of the Council’s website shows the comments received in full.
12. I can see no evidence of fault in the way the Council dealt with this planning application. The planning officer considered all relevant matters, including the comments received. They decided the application complied with local and national planning policies. The officer’s report refers to the ecology survey carried out. The planning officer decided the application should be approved. This is a decision they were entitled to take. The Council has provided what I consider to be a proportionate and reasonable response to Mr X’s complaint.
13. But even if there was evidence of fault in the Council’s decision making, it is unlikely we would investigate Mr X’s complaint. This is because when deciding whether to investigate we need to consider the alleged injustice to the person complaining. It is clear Mr X is concerned the development could lead to more adders and that this could place residents at risk. But this is speculative, and we do not consider complaints about what might happen.

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Final decision

14. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council or that Mr X has been caused a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman