Summary: The Ombudsman will not investigate this complaint about a planning application for development near the complainant’s home. A government minister, not the Council, granted planning permission for the development.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained that planning permission has been granted for residential development near her home. She says the development will severely affect her enjoyment of her home.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• 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

4. I have considered what Mrs B said in her complaint. Mrs B commented on a draft before I made this decision.

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What I found

5. The Council received a planning application for residential development near Mrs B’s home. It advised local residents of this and Mrs B sent her objections to the Council.
6. The Council decided to refuse planning permission for the development. However, the applicant appealed against the Council’s decision to the Minister for Housing, Communities and Local Government through the Planning Inspectorate.
7. A Planning Inspector considered the appeal and independently assessed the planning issues. Although Mrs B believes the Council provided the Planning Inspectorate with inaccurate information, it comes to its own view on the appeal.
8. It is clear from the appeal decision the Planning Inspectorate considered the likely impact on Mrs B’s home. Nevertheless, the Planning Inspectorate allowed the appeal and so granted planning permission for the development.

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Final decision

9. I have decided we will not investigate this complaint. This is because the Planning Inspectorate on behalf of a government minister, not the Council, granted planning permission. We do not have jurisdiction to consider a complaint about the minister or the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman