Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his neighbour’s planning application. Mr X says the decision to grant planning permission is not in line with the Council’s guidance and the development will have a significant impact on his property.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
5. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made.
6. In this case, I am satisfied the Council properly assessed the acceptability of the development, including the impact on the area and neighbouring properties, before granting planning permission. The case officer’s report referred to Mr X’s objections and addressed his concerns. However, the officer decided the proposal would have an acceptable impact on the amenity of the neighbouring properties.
7. Mr X says the development does not comply with the Council’s Supplementary Planning Document and the officer failed to visit the site to fully assess the impact. However, it is not necessarily fault if a proposal does not comply with all aspects of policy and guidance. In this case, I am satisfied the Council has properly explained why the development is still acceptable. Council officers are also not obliged to carry out site visits before deciding on a planning application. Officers will often already have local knowledge of an area and be able to identify the impact of a proposed development using ariel photographs and other tools. I am satisfied the Council has explained how it was able to assess the application without visiting the site.
8. I understand Mr X disagrees with the Council’s decision to grant planning permission. But the case officer was entitled to use their professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman