Summary: Mr X complains about the Council’s handling of a planning application for a new dwelling on a site close to his home. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council granted planning permission for a property in contradiction of its own planning policy, that it did not properly consider the impact on his property and ignored objections made against the application.

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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 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 considered information provided by Mr X, including the Council’s responses to the complaint.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Mr X the opportunity to comment on my draft decision.

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My assessment

7. Mr X complained to the Council when it granted planning permission for a new property to be built on a site close to his home. The Council addressed his complaint under the two stages of its complaints procedure and responded to the various issues Mr X had raised, including its planning policy and decision-making process, the views of the Council’s arboricultural officer who did not support the application, its assessment of the impact on residential amenity and the imposition of conditions attached to the permission.
8. We cannot question a decision a council has made if it followed the right steps and considered the relevant information and evidence. While I understand Mr X disagrees with the decision taken, I have seen no evidence to suggest fault affected the Council’s decision.

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Final decision

9. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman