Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development next 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. Mr B has complained about how the Council has granted planning permission for development near his home. He is particularly concerned the Council:

• did not send him an automated notification of the application;
• removed a photograph he had provided from its website; and
• did not consult him about an amended Design and Access statement.

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

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My assessment

5. The Council received a planning application for development next to Mr 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 cannot explain why Mr B did not receive an automated notification. However, Mr B sent his comments on it and these were available when the Council made its decision.
7. A planning officer set out the planning issues in a report which addressed the issues Mr B had raised. The Council decided there were no valid grounds to refuse the application and so granted planning permission.
8. The Council also explained it removed the photograph once officers had decided the application. Further, the changes the application made to the Design and Access statement did not alter the Council’s view on the planning issues so it saw no need to consult on these.

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Final decision

9. I have decided we will not investigate this complaint. While I recognise Mr B disagrees with the Council’s decision to grant planning permission, we do not provide a right of appeal against it. I have seen nothing to suggest fault in how the Council considered the planning that is likely to have affected the outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman