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. Mr X says the Council failed to properly consider his concerns about the development and says the new buildings will cause significant overlooking and a loss of privacy to his home. Mr X also says his home will lose value.

Back to top

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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. 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.
6. The Ombudsman does not act as an appeal body for planning decisions, instead we consider if there was any fault with how a decision was made.
7. In this case, I am satisfied the Council properly considered the application before granting planning permission. The case officer’s report addressed the acceptability of the development, including the impact on neighbouring properties, before deciding there would not be any unacceptable overlooking or loss of privacy. The Council also added a planning condition requiring the developer to submit details of the screening for the external terraces for approval. This condition has since been complied with. I understand Mr X disagrees with the Council’s decision to grant planning permission, but the Council was entitled to use its professional judgment 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.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman