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 Miss X, has complained about how the Council dealt with a planning application for a development near her home. Miss X says the Council failed to properly consider the application and the new extension will cause significant loss of light to her home. Miss X also says her home will lose value.

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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)

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How I considered this complaint

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

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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 and potential loss of light. There was also no requirement for officers to visit the site before granting planning permission.
8. I understand Miss 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.

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Final decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman