Summary: We will not investigate this complaint about the Council deciding to grant planning permission for development near 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. Ms Y has complained the Council has granted planning permission for development near her home. She is particularly worried the Council did not take proper account of the views of local people.

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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)

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How I considered this complaint

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

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My assessment

5. When the Council considers a planning application, it has to consider the planning merits of the application and grant planning permission if there are no valid grounds for refusal.
6. The Council publicised the application giving Ms Y and other local residents the opportunity to comment on it.
7. A planning officer set out the planning issues in a report which was considered by the elected Members on the Council’s Development Committee. They decided there were no valid grounds to refuse the application and so granted planning permission.
8. Ms Y says the Council ignored local 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

9. I have decided we will not investigate this complaint. While I recognise Ms Y 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.

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Investigator's decision on behalf of the Ombudsman