• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for development near to the complainant’s home. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is nothing to suggest fault affected the Council’s decision.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained the Council has granted planning permission to itself for development near her home. She was particularly concerned about the impact on her property.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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. (Local Government Act 1974, section 24A(6), as amended)
3. We do not provide a right of appeal against a council’s decision on a planning application. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mrs B which included the Council’s response to her concerns. I have also seen information on the Council’s website. I considered our Assessment Code.

Back to top

My assessment

5. The Council submitted a planning application for development near to Mrs 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.
6. The Council publicised the application and Mrs B had an opportunity to send her comments on it. A planning officer set out the planning issues in a report which addressed the issues members of the public had raised.
7. Because the Council had submitted the application, it was decided by the elected Members of its Planning Committee and not by officers. The Committee decided there were no valid grounds to refuse the application and so granted planning permission.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page