Summary: We will not investigate this complaint about how the Council dealt with a planning application for a new development near Mr X’s home. This is because there is not enough evidence of fault in how the Council considered the impact of the development on Mr X’s home. Mr X has also not been caused an injustice as a result of the number of units planned.

The complaint

1. Mr X complains the Council has granted planning permission for a development near his home. Mr X says the development is too close to his home and is over the capacity for the land as set out by the Planning Inspector when it reviewed the Council’s Local Plan. Mr X says the development will have a negative impact on his home.

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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, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
3. We cannot question whether an organisation’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 and information about the development from the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has not granted planning permission for the development. In November 2021 the Council’s Planning Committee voted to delegate responsibility for granting planning permission to the Head of Planning subject to a legal agreement between the Council and the developer known as a “section 106 agreement”.
7. We can consider whether there was fault in the officer report which was considered by the Committee. The report considered the relationship between
   Mr X’s home and the development and found this complied with local policies on separation distances. The report also noted plans to include trees along the boundary to provide screen to Mr X and other existing properties. Therefore there is not enough evidence of fault and we will not investigate this complaint.
8. Mr X says the land is being over developed as there are more units planned than allowed for by the Planning Inspector when it reviewed the Council’s Local Plan. This would not caused Mr X an injustice as any impact would be on people who may use the development rather than surrounding properties. The difference in number of units planned is not so significant as to cause any significant local disruption. Therefore we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in how the Council considered the impact of the development on his home. Mr X has also not been caused an injustice as a result of the amount of development taking place on the land.

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Investigator's decision on behalf of the Ombudsman