East Lindsey District Council (21 009 947)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 22 Nov 2021
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s decision on a planning application for a development at a site close to her home. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.
The complaint
- The complainant, who I refer to as Ms X, complains about the Council’s decision on a planning application for a development at a site close to her home. She says the accuracy of plans and residents’ concerns were not properly considered by the Council.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant, including the Council’s responses to her complaint.
- I considered the Ombudsman’s Assessment Code.
- I gave Ms X the opportunity to comment on my draft decision and considered what she said.
My assessment
- 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 Ms X may not agree with the decision the Council has made, I have seen no evidence to suggest fault affected. It is for officers, exercising their professional judgement, to determine applications and while Ms X may have a different view, this is not evidence of fault.
- In responding to my draft decision, Ms X says the loss of tress and the impact on the local amenity were not properly considered. However, these issues were considered by the Council but were not found to be reasons to refuse permission.
Final decision
- We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman