Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application. This is because we could not achieve any worthwhile outcome for Mr X.

The complaint

1. Mr X complains a report prepared in support of his neighbour’s application for planning permission was poor and failed to identify the presence of bats in the roof-space. He says he has seen bats emerging from the property and he wants the Council to look at the issue again. He is concerned about the possible impact of his neighbour’s development on bats.

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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 do not start an investigation if we decide 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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council did not prepare the report and is not responsible for its contents. Its ecologist reviewed the report and accepted its findings but the Council added an informative to the planning permission explaining it is a criminal offence to disturb or destroy a bat roost.
5. The Council’s decision to accept the findings of the report is a matter of professional judgement and I have seen no basis for us to question it. It has now granted planning permission for the neighbour’s proposal and we cannot say it must revoke the permission. It would not therefore serve any useful purpose for the Council to scrutinise the report further at this stage as the Council has already made its decision and the decision stands.
6. Further, although the Council has granted planning permission the permission does not allow Mr X’s neighbour to disturb or destroy any bat roosts that may be present. These remain protected by law and if Mr X believes his neighbour has broken the law he may report the matter to the relevant authorities. We could not therefore say the matter has caused Mr X significant injustice.

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Final decision

7. We will not investigate this complaint. This is because we could not achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman