Summary: Ms X complains about a Council’s grant of planning permission. We will not investigate this complaint because there is no evidence of fault by the Council causing injustice.

The complaint

1. Ms X complains about a Council’s grant of planning permission.

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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 we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant has commented on my draft decision.

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My assessment

6. Ms X complains about a planning application for a new development of dwellings (the conversion of barns) in her village. She says that the planning application does not comply with the Council’s planning policies.
7. The Planning Officer notes that the planning application complies with the Council’s policy regarding the building of new dwellings in the countryside as it re-uses old buildings.
8. The report went on to consider the effect upon the area as an Area of Outstanding Natural Beauty (AONB). The report notes that it is not a major development and no objections were made by the Planning Officer responsible for the AONB. The Planning Officer considered that the sensitive nature of the restoration works satisfied the obligation to conserve and enhance the landscape and natural beauty of the area.
9. The Planning Officer noted that the nearest neighbouring buildings were between 30m and 43m away and would be unaffected by any overlooking or loss of amenity.
10. It is not for the Ombudsman to question the merit of any professional judgement of a Council in the absence of administrative fault. Ms X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault by the Council causing injustice.

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Investigator's decision on behalf of the Ombudsman