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

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council has dealt with a planning application for a site near her home. Mrs X says the decision to grant permission was based on inaccurate information and the case officer’s report is unclear and misleading.

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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 it is unlikely we would find fault.

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

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How I considered this complaint

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

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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 the 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 considerations in determining a planning application.

What happened

5. In 2019, the Council received a planning application from Mrs X’s neighbour to build a single storey side and rear extension with a raised patio area. The case officer considered the application and granted permission subject to conditions.
6. Mrs X has complained about how the Council dealt with the application. She says the developer submitted the wrong certificate of ownership and incorrectly said on the application form that no trees would be removed as part of the development. Mrs X complains the case officer’s report is misleading and says it is not clear which neighbouring property is being referred to. Mrs X also complains the application details incorrectly say her garage separates the properties.

Assessment

7. The Ombudsman should not investigate this complaint about how the Council dealt with a planning application for a site near Mrs X’s home. This is because he is unlikely to find fault by the Council.
8. Mrs X says the Council’s decision to grant planning permission was based on incorrect information regarding land ownership and the removal of trees from the site. But it is not for the Council to get involved with land ownership disputes as this will be a private civil matter between Mrs X and her neighbour. It is also the responsibility of the developer to submit the correct ownership certificate with their application. I understand trees have recently been removed from the site, but the Council has said this does not invalidate the planning permission or amount to a breach of planning control.
9. Mrs X has raised concerns about the case officer’s report. She says the report is unclear and misleading. She also complains about the accuracy of the plans submitted for the development.
10. The case officer’s report will contain a summary of the significant matters considered before deciding the application. I have considered the report and the impact on Mrs X’s home is addressed before the case officer decides the proposal is acceptable. The case officer also visited the site so was aware of the location and relationship between the properties, including Mrs X’s garage, before granting planning permission. The case officer also addressed Mrs X’s concerns about the plans but was satisfied with the information submitted. I understand Mrs X disagrees, but the case officer was entitled to use their professional judgement in this regard and the Ombudsman cannot question this unless it is tainted by fault. As the Council properly considered the application it is unlikely I could find fault.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman