Summary: We will not investigate this complaint about how the Council dealt with a planning application. We are unlikely to find fault affected the Council’s decision to grant planning permission.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council wrongly approved a planning application for development near his home. In particular, he says the report considered by the Council’s Planning Committee contained inaccuracies and factual errors.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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;
• it is unlikely we could add to any previous investigation by the Council; or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

4. We are not an appeal body and 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 Mr B and the Council. I have also seen information on the Council’s website and considered our Assessment Code.

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My assessment

6. I consider the Council has provided a full response to Mr B’s concerns and investigation would add nothing significant to what we know.
7. The Council received a planning application for development near to Mr 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 Mr B sent his comments on it. A planning officer set out the planning issues in a report which addressed the issues Mr B had raised. The Council’s Planning Committee considered the report at a meeting. It decided there were no valid grounds to refuse the application and so granted planning permission.
9. Although Mr B considers the report contained errors and inaccuracies, the Council has addressed these concerns. I have seen nothing to suggest the Planning Committee’s decision was affected by fault.

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Final decision

10. We will not investigate Mr B’s complaint because we are unlikely to find fault affected the Council’s decision to grant planning permission.

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Investigator's decision on behalf of the Ombudsman