Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a planning application for a development near his home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. Mr X has had an opportunity to comment on my draft decision.

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My assessment

6. I will not investigate this complaint about how the Council dealt with a planning application. This is because it is unlikely I will find fault by the Council.
7. The Council received an application to build a detached dwelling on land near Mr X’s home. It considered the application and granted planning permission. Mr X says the proposal was inappropriately determined by officers using their delegated authority instead of being referred to the planning committee. He says the decision to grant planning permission was therefore flawed. However, the Council was entitled to decide the objections received were not significant enough to refer the case to the committee. Furthermore, I cannot say Mr X has been caused any significant injustice in this regard as the case officer’s report shows the impact on residential amenity was still properly considered before planning permission was granted. The planning permission has also never been implemented.
8. The Council received another application to build two dwellings at the same site. The application was referred to the Council’s planning committee for determination and permission was granted subject to conditions. Mr X has complained about how the Council dealt with the application. He says the Council relied on the permission previously granted for the site. Mr X also says the decision to grant planning permission was not in line with the Council’s policy and the impact on residential amenity was not considered.
9. 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.
10. In this case, I am satisfied the case officer considered the acceptability of the proposal, including the impact on neighbouring properties, before granting planning permission. The previous application for the site was a material planning consideration. The case officer and committee members also visited the site and decided there would not be harm to the privacy of neighbouring residents or unacceptable overshadowing or overlooking.
11. I understand Mr X disagrees, but the case officer was entitled to use their professional judgement to decide the proposal was acceptable. The Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application it is unlikely I could find fault.

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Final decision

12. I will not investigate this complaint. This is because I am unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman