Summary: We will not investigate how the Council dealt with a planning application for development near the complainant’s home. It is unlikely we would find fault affected the Council’s decision to grant planning permission.

The complaint

1. Mrs Y has complained about how the Council dealt with a planning application for development near her home. In particular she says the Council did not consider her comments on the application and did not consider the impact on her home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint which we call ‘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;
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. We do not provide a right of appeal against a council’s decision to grant planning permission. 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

5. I considered information provided by Mrs Y and the Council which included the Council’s responses to her concerns. I have also seen information on the Council’s’ website,
6. I considered our Assessment Code.
7. Mrs Y commented on a draft before I made this decision.

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My assessment

8. The Council received a planning application for development near Mrs Y’s home. It had to consider the application on its planning merits and grant permission if there were no valid grounds for refusal. It advised people in neighbouring properties of the application. The Council has accepted Mrs Y comments on the original application were not on file. However, the Council also notified neighbours when the application was amended and was aware of Mrs Y comments on this.
9. Planning officers prepared a report on the planning issues of the revised application. It summarised and addressed neighbours’ comments. Officers concluded there were no grounds to refuse planning permission and so granted consent for the development.
10. Despite the issue with her original comments, I have seen nothing to suggest planning officers were unaware of the potential impact of the development on Mrs Y’s home.

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Final decision

11. I have decided we will not investigate this complaint. This is because I consider it is unlikely we would find the Council’s decision to grant planning permission was affected by fault.

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Investigator's decision on behalf of the Ombudsman