Summary: We will not investigate this complaint about the Council’s decision to approve a planning application for two barns on a farm near to the complainant’s home. It is unlikely we will find fault in the way the Council considered the application, and that further investigation will lead to a different outcome.

The complaint

1. The complainant, I shall call Mr P, complains the Council:
• failed to consider whether the barns, specifically by reason of their size in relation to the reduced size of the holding, were reasonably necessary
• failed to identify the size of the farm holding and therefore failed to examine what other buildings existed on the holding as part of its assessment of whether what was proposed was reasonably necessary on the holding
• failed to consider its policy on the significance of heritage assets; and
• delayed in responding to his complaint
2. Mr P wants:
• A public apology
• Reconsideration of the application with a view to revocation of the permission
• £250 payment for his time and trouble spent pursuing the complaint

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr P and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. 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.
8. In this case, I am satisfied the Council properly assessed the acceptability of the development, including whether the size of the proposed barns is reasonably necessary, given the size of the farm holding. I am also satisfied the Council considered the impact of the scheme on the character of the area which is close to a conservation site.
9. The Planning Officer’s report includes a summary of Mr P’s objections to the proposal. The report notes the relevant planning policies which apply to the application and explains why the planning officer recommended the application for approval.
10. I understand Mr P disagrees with the decision to grant planning permission. But the Council is entitled to use its professional judgment to decide whether applications are acceptable, and the Ombudsman cannot question this decision unless it was tainted by fault. As I am satisfied the Council properly considered the application, it is unlikely I could find fault.
11. Mr P also complains about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling in isolation.

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Final decision

12. We will not investigate Mr P’s complaint because we are unlikely to find sufficient fault to justify an investigation into the Council’s consideration of the planning application. Nor is it likely that further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman