Summary: We will not investigate this complaint about how the Council dealt with a planning application or what happened at a planning panel meeting. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained on behalf of Mrs Y about how the Council dealt with her neighbour’s planning application. Mrs Y is unhappy with the Council’s decision to grant planning permission and Mr X says the proper processes were not followed during the planning panel meeting.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has raised concerns about the planning panel meeting. He says the applicant had a conversation with a panel member before the meeting started, but another member refused to speak to him about the application. Mr X also says the applicant made false statements during the meeting and he was not given the opportunity to question these.
6. The Council’s policy for public speaking at the district planning panel meetings says members of the public will not usually be allowed more than five minutes to make their representations and will not be given further opportunity to comment on what is said by others during the meeting. Attendees at the meeting are also not allowed to approach members of the panel. While I understand Mr X says he should have been given further chances to raise his concerns about the development, I am satisfied the Council acted in line with its policy on public speaking. Therefore, it is unlikely I could find fault in this regard.
7. The Council has also explained why the applicant was speaking to a councillor before the meeting started and said the planning application was not discussed. However, if Mr X is concerned about the actions of an individual councillor, he can make a complaint to the Council’s Monitoring Officer under the code of conduct procedures.
8. I am also satisfied the Council properly considered the acceptability of the development, including the impact on Mrs Y’s property, before granting planning permission. I understand Mr X may disagree with the Council’s decision to grant planning permission, but it was entitled to use its professional judgment to decide the proposal was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.

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Final decision

9. We will not investigate Mrs Y’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman