Summary: Ms X complains about the Council’s decision to grant planning permission for a large development of houses. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s decision to grant planning permission for a large development of houses.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. The Council granted outline planning permission for a large number of houses near Ms X’s house in 2020. Ms X is unhappy about the possible negative effect upon the local area.
7. The Council’s planning decision was subject to a legal agreement. This means that the planning permission is not extant until the agreement is agreed. This is not guaranteed and any injustice is speculative.
8. Nevertheless, the Planning Officer report refers to the effect upon local services of the proposed planning application. The report also considers the local plan and any possible conflicts with that plan. The Highways Department made no objections to the planning application. The NHS commented that the planning application would be acceptable subject to a payment towards local services (part of the legal agreement).
9. There is no evidence of fault by the Council in the way the Council considered the outline planning application. Any personal effect upon Ms X will not be known until a detailed planning application is made showing the position of houses etc. Ms X can make a further complaint about this if she is unhappy with that decision.

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Final decision

10. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman