Summary: Mr X complains that the Council did not notify him of a planning application and they failed to properly consider that planning application. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council did not notify him of a planning application and they failed to properly consider that planning application.

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The Ombudsman’s role and powers

2. 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)

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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. Although not notified of a planning application for a nearby housing development, Mr X was able to make an objection. He argued that the position of the new housing would result in his wind turbine becoming noisier which would affect his amenity.
7. The Planning Officer consulted the Environmental Health Officer who commented on the argument but nevertheless considered that the noise from the turbine would be unlikely to breach legal guidance. A planning condition was added to the approval requiring that noise levels likely to affect the site be submitted to the Council for approval.
8. I am satisfied that the Council was aware of Mr X’s objections and properly considered them. In the absence of administrative fault, the Ombudsman cannot question the professional judgement of the Planning Officer and Council.
9. The developer sought to discharge the planning condition in 2021 and also submitted a variation of the planning permission. Mr X objected and the Planning Officer report clearly considers those objections. I am satisfied that the variation planning application and discharge application were both properly considered by the Council. Again, in the absence of administrative fault, the Ombudsman cannot question the merit of those decisions.

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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