Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development near the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is little likelihood we would find the Council’s decision was affected by fault.

The complaint

1. Mr B has complained the Council has granted planning permission for development near his. He is particularly worried about the impact of extra traffic on his road.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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. (Local Government Act 1974, section 24A(6), as amended)
3. We do not provide a right of appeal against a council’s decision on a planning application. 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

4. I considered information provided by the complainant and the Council. I have also seen information on the Council’s website. I have also considered our Assessment Code.

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Final decision

5. We will not investigate Mr B’s complaint because there is nothing to suggest fault in how the Council considered the planning application.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman