Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development close to the complainants’ 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. The complainants, who I refer to as Mr and Mrs B, have complained the Council has granted planning permission for development close to their home. They are particularly worried about the visual impact of the development and overlooking of their home.

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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 and Mrs B which included the Council’s response to their 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 and Mrs 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 Mr and Mrs B sent their comments on it. A planning officer set out the planning issues in a report which addressed the issues MA B had raised. The elected members of 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 Mr and Mrs B disagree 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 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