Summary: The Ombudsman will not investigate this complaint about a planning application for development near the complainant’s home. He is unlikely to find fault in how the Council decided to grant planning permission.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council granted planning permission for development near his home. He is particularly worried about the impact on a local footpath.

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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;
• the injustice is not significant enough to justify our involvement; or
• it is unlikely we could add to any previous investigation by the Council.

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

4. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

5. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I have considered what Mr B said in his complaint which included the Council’s response to his concerns. I have also seen information about the planning application on the Council’s website.
7. I consider the Council has provided a full response to Mr B’s concerns and an investigation is unlikely to add anything of significance to what we know.

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What I found

8. The Council received a planning application for development near Mr B’s home. It had to consider the application on its planning merits and grant permission if there were no planning grounds for refusal.
9. The Council advertised the application and Mr B submitted his comments. A planning officer set out the planning issues in a report which addressed the concerns raised by Mr B.
10. Having considered all the relevant issues, the Council decided to grant planning permission. In doing so, it brought the developer’s attention to non-planning issues relating to the footpath.
11. While I understand Mr B disagrees with the Council’s decision, I have seen nothing to suggest fault in how it considered the application.

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Final decision

12. I have decided we will not investigate this complaint. This is because we are unlikely to find evidence of fault in how the Council decided to grant planning permission. In the absence of fault, we cannot question the merits of the Council’s decision.

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Investigator's decision on behalf of the Ombudsman