Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is not enough evidence of fault to justify investigating.

The complaint

1. The complainant, I shall call Ms J, says the Council considered her neighbours property as semi-detached house rather than a maisonette when it considered a planning application. She also says it failed to consider the impact of the development on her home

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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)

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How I considered this complaint

3. I considered information provided by the Ms J complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms J’s neighbours applied for planning permission for 2 roof windows and a single window in the gable end of their home.
6. Ms J objected to the proposal saying it would:
• have an adverse impact on the character of the area
• noise during building work
• ongoing maintenance concerns; and
• a lack of detail in the application
7. The case officer visited the site and took photos. They wrote a report on the proposal which included Ms J’s objections. The report explains why the planning officer considered the application was acceptable. The Council granted planning permission.
8. Ms J says the Council should have considered the adjoining property as a maisonette, rather than a semi-detached property. However, the information in the case officer report and on the website, including photos, shows it was fully aware of the location and the property. The report explains why the proposal was acceptable.

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Final decision

9. I will not investigate Ms J’s complaint. It is the Council’s role as local planning authority, to reach a judgement about whether a development is acceptable after consideration of:
• local and national planning polices
• comments from statutory consultees: and objections/representations from people affected by the decision.
10. The information I have seen strongly suggests that this is what has happened in this case and therefore we would be unlikely to find that there had been fault if we investigated.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman