Summary: We will not investigate this complaint about Council decisions on two planning applications for a property close to the complainants’ home. This is because there is no evidence to suggest fault by the Council affected its decisions on the applications.

The complaint

1. The complainants, who I refer to as Mr and Mrs X, complain that, despite objecting to two planning applications relating to a neighbouring property, the Council granted permission for them. They say the current permissions have allowed for window types their own property could not have when they bought it a number of years ago.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A((6))

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How I considered this complaint

4. I spoke to Mr X and considered the information provided.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council granted planning permission for applications relating to a site close the complainants’ home. They complained to the Council about this and that the new development is allowed to have style of window which their property was not allowed at the time it was built.
7. The Council responded to their complaint, noting their disagreement with the decisions that had been made but did not uphold it.
8. It is not our role to review the merits of decisions properly taken by councils. We cannot question a decision made by a council if it has followed the right steps and considered the relevant evidence and information. While I understand Mr and Mrs X disagree with the decisions made, I have seen no evidence to suggest there was fault by the Council in coming to these decisions.
9. Planning law and policies change over time and councils must determine planning applications based on those which exist at the time the application is made.

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Final decision

10. We will not investigate Mr and Mrs X’s complaint because there is no evidence to suggest fault by the Council affected its decisions on the applications.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman