Summary: We will not investigate this complaint about the Council’s grant of planning permission for a new dwelling. This is because there is insufficient evidence of fault in the Council’s decision-making process.

The complaint

1. The complainant, Mr X, complained about the Council’s grant of planning permission for a new dwelling near his property.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. Mr X has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.

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My assessment

7. Mr X told us the new dwelling will have a negative impact on his property. He said despite an officer recommendation to refuse permission, a different officer recommended approval. The Council then approved the planning application. Mr X said he is not satisfied with the reasons for the reversal of the original decision. He wants the Council to withdraw the outline planning consent.
8. The Council considered Mr X’s complaint. It said the approved scheme plans are significantly different to the pre-application plans recommended for refusal. It said pre-application responses are not binding on the Council. It considered the relevant issues raised by Mr X. But it said its decision is in line with its guidance and policies. This is a decision the Council is entitled to make.
9. While I understand Mr X is unhappy with the decision taken by the Council, we are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. We cannot question a decision a council has made if it followed the right steps and considered the relevant evidence and information. We must consider whether there was any fault in the Council’s decision-making process. In this case there is insufficient evidence of fault in how the Council reached its decision so we cannot question the judgement it reached.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s decision-making process.

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Investigator's decision on behalf of the Ombudsman