Summary: We will not investigate how the Council dealt with planning applications for development near the complainant’s’ home. Part of the complaint is made too late and it is unlikely we would find evidence of fault causing the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about how the Council dealt with planning applications for a housing development near his home.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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’.
5. 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;
• any fault has not caused injustice to the person who complained;
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

6. 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)

Back to top

How I considered this complaint

7. I have considered what Mr B said in his complaint and background information provided by the Council which included its responses to Mr B. I have also seen details of the planning applications on the Council’s website. Mr B commented on a draft before I made this decision.

Back to top

What I found

Background

8. When a local planning 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 include matters such as the impact on neighbouring properties and the relevant planning policies.
9. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application. A local planning authority cannot refuse a planning application simply because people object to it.
10. The applicant has a right of appeal to the Planning Inspectorate against a refusal of planning permission by a local planning authority.

Summary of events

11. In 2017 the Council received an outline application for housing development near Mr B’s home. It advertised the application and received comments from local residents, including Mr B.
12. The Council approved the outline application in early 2019. This approved the development in principle but the developer would have to submit a further application for approval of the details.
13. The developer submitted a detailed application in early 2020. Again, the Council advertised the application and received comments from local residents, including Mr B. The application was considered by elected Members of the Council on its Planning Committee who decided to refuse planning permission. I understand the applicant has appealed to the Planning Inspectorate but this has not yet been decided.

Analysis

14. I consider the Council has provided a full and reasonable response to Mr B’s complaints. Investigation by us would add nothing significant to what we know about the issues.
15. Mr B was aware of the Council’s decision on the outline planning application some two years before he complained to us. While I have seen nothing to suggest fault in how the Council considered the application, I consider it is now too late to consider a complaint about this.
16. I have also seen nothing to suggest fault in how the Council dealt with the detailed application. However, the Council refused the application which was the outcome Mr B sought. So, even if that had been some fault by the Council, it could not have caused Mr B injustice that would justify our involvement.

Back to top

Final decision

17. I have decided we will not investigate this complaint for the reasons given in paragraphs 15 and 16.

Back to top

Investigator's decision on behalf of the Ombudsman