Summary: The Ombudsman will not investigate this complaint about how the Council dealt with a planning application for a development near the complainant’s home. This is because it is unlikely he will find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with a planning application for a development near her home. Mrs X raised many concerns about the development and spoke during the planning committee meeting. However, she says the committee members did not address the points she raised.

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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, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I have considered the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

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What I found

4. 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 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 consideration in determining a planning application.

What happened

5. The Council received a planning application for a development on land near Mrs X’s home. Mrs X objected to the proposed development and raised many concerns about the impact on the surrounding area and wildlife. She also said the proposal would cause environmental health issues. The application was referred to the Council’s planning committee for determination and Mrs X spoke against the application during the committee meeting. The committee members considered the application and granted planning permission subject to conditions.
6. Mrs X is unhappy with how the Council has dealt with the application. She remains concerned about the impact of the development and says the committee members did not address the issues she raised during the meeting.

Assessment

7. I will not investigate Mrs X’s complaint about how the Council dealt with a planning application for a development near her home. This is as it is unlikely the Ombudsman would find fault by the Council.
8. Mrs X raised concerns about the impact the development will have on the surrounding area and nearby properties. She says the effect on wildlife has not been considered and an ecological survey was not completed. Mrs X also complains the development will create environmental health issues such as excessive noise and odours and there will be a loss of public footpaths. However, I am satisfied the case officer addressed these issues in their report before deciding the proposal was acceptable. The case officer also consulted environmental health officers and the County Council in relation to the public footpaths, but no objections were raised. The planning committee members also visited the site and could assess the potential impact first hand before deciding the proposal was acceptable.
9. As the Council properly considered if the development was acceptable before granting planning permission it is unlikely I would find fault. I understand Mrs X does not agree, but the Council is entitled to use its professional judgement when deciding if a proposal is acceptable.
10. Mrs X has also raised concerns about the planning committee meeting. She says that members did not address all the issues she raised. However, planning committee members do not need to respond to all the points that are made during the meeting and could have requested more information if they felt it was necessary.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because he is unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman