Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development near to the complainant’s home. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is nothing to suggest fault affected the Council’s decision.

The complaint

1. Miss B has complained the Council has granted planning permission for development near her home. She is particularly worried about the impact of possible activity on land next to the application site.

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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 Miss B which included the Council’s response to her concerns. I have also seen information on the Council’s website. I considered our Assessment Code.

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Assessment

5. The Council received a planning application for development near to Miss B’s home. It had to consider the planning merits of the application and grant planning permission if there were no valid grounds for refusal.
6. The Council publicised the application and Miss B sent her comments on it. A planning officer set out the planning issues in a report which addressed the issues Miss B had raised as far as they related to relevant planning matters. The Council decided there were no valid grounds to refuse the application and so granted planning permission.

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Final decision

7. I have decided we will not investigate this complaint. While I recognise Miss B disagrees with the Council’s decision, we do not provide a right of appeal against it. I have seen nothing to suggest fault in how the Council considered the planning application and, in the absence of fault, cannot question its decision to grant planning permission.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman