Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council failed to comply with its planning guidance in granting planning permission for his neighbour’s development. He disagrees with the officer’s judgement and says the Council has not properly explained the reasons for departing from its guidance.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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

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

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My assessment

4. Councils must take account of relevant policies and guidance in determining applications for planning permission but should not refuse applications simply because they fail to comply. It must consider the impact of the proposal and make decisions on a case-by-case basis.
5. Mr X’s neighbour applied for planning permission and their proposal did not meet a key policy regarding the relationship between the application site and Mr X’s home. The Council therefore considered the extent of the breach and its impact on Mr X’s property. Having done so it decided the impact of the breach was not significant enough to warrant refusal and granted permission for it.
6. While Mr X disagrees with the decision and says the Council has not explained the reasons for approving the application I do not agree. The planning officer’s report clearly sets out the officer’s rationale behind the decision and it is not for us to question it. I appreciate Mr X would have liked his neighbour to amend their plans but the Council determined the proposal was acceptable and there was therefore no basis for it to require changes.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman