Stratford-on-Avon District Council (21 016 517)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 07 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council decided to grant planning permission for development in its area. This is because there is no evidence of fault in how the Council made its decision.

The complaint

  1. The complainant, who I refer to here as Mrs X complains the Council failed to properly consider impact of contamination from the former use of land when it granted planning permission for a development. She says the Council’s decision ignored despite local opposition to the scheme.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. I considered information provided Mrs X and the Council. I have also seen information on the Council’s website and considered our Assessment Code.

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My assessment

  1. Planning officers produced a report which set out the planning issues and recommended the Council grant planning permission. The elected Members of on the Council’s Planning Committee then considered the report.
  2. The report included information provided by the Environment Agency, the Council’s Environmental Health officers, the Local Flood Authority and local people. It addressed concerns raised and considered local planning policies.
  3. I appreciate Mrs X may disagree with the Council’s but I have seen nothing to suggest fault in how in how it was made.
  4. Mrs X says the Council ignored the opposition to the proposal. However, the Council can only consider any planning issues, regardless of the strength of local opposition. The officer report addressed the planning issues raised by local people and other bodies. I have seen no evidence of fault in the way the Council addressed these concerns.

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Final decision

  1. We will not investigate Mrs X’s complaint because there is no evidence of fault in the way the Council dealt with the planning application.

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Investigator's decision on behalf of the Ombudsman

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