Summary: We will not investigate how the Council dealt with planning applications for development next to the complainant’s home. We are unlikely to find fault affected the Council’s decisions on the applications.

The complaint

1. In summary, the complainant, who I refer to here as Miss B, has complained about how the Council dealt with an application for planning permission and an application for a certificate for proposed lawful development. The applications related to development at a property next to her home. In particular, Miss B says the Council did not take proper account of her objections and did not involve her fully in the process.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
3. 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 is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

4. We are not an appeal body. 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

5. I considered information provided by Miss B, which included the Council’s response to her complaint. I also considered information on the Council’s website and our Assessment Code.

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My assessment

6. I consider the Council has provided a comprehensive response to Miss B’s complaint an investigation would add nothing significant to what we know.
7. The Council received a planning application for development next to Miss 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 Miss B sent her comments on it. A planning officer set out the planning issues in a report which addressed the issues Miss B had raised. The Council decided there were no valid grounds to refuse the application and so granted planning permission.
9. The Council also received an application for a certificate for proposed lawful development. It did not need to consult on this. It was for planning officers to decide as a matter of fact whether the proposed development was permitted under planning law and so did not require planning permission. The Council decided the proposed development was permitted.
10. Miss B also raised issues abut problems during construction and encroachment on her land. The Council correctly explained to her these are not planning issues

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Final decision

11. I have decided we will not investigate this complaint. While I recognise Miss B disagrees with the Council’s decisions, we do not provide a right of appeal against them. I have seen nothing to suggest fault in how the Council considered the planning applications that is likely to have affected the outcome.

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Investigator's decision on behalf of the Ombudsman