Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development near the complainant’s 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. Mrs B has complained the Council has granted planning permission for development near her home. She is particularly worried about the impact of the development on the conservation area in which she lives.

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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; or
• it would not add anything significant to what we know. (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 what Mrs B said in her complaint. The Council provided information which included its response to Mrs B’s concerns.
5. I have seen information about the planning application on the Council’s website. I also considered our Assessment Code.

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My assessment

6. I consider the Council provided a full response to Mrs B’s concerns. An investigation would add nothing significant to what we know.
7. The Council received a planning application for development near to 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.
8. The Council publicised the application and Mrs B sent her comments on it. A planning officer set out the planning issues in a report which addressed the issues Mrs B had raised.
9. A committee of elected Members of the Council considered the report. They decided there were no valid grounds to refuse the application and so the Council granted planning permission.

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Final decision

10. I have decided we will not investigate this complaint. While I recognise Mrs B disagrees 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