Summary: Ms X complains about the Council’s handling of matters relating to the planning change of use of agricultural buildings on a site in her locale. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council did not properly consider her views and the evidence she submitted when it allowed planning approval for the change of use of an agricultural building to a dwelling house.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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My assessment

7. Ms X complained to the Council about its decision to allow an application for prior approval of a change from an agricultural building to a dwelling house at a site in her locale.
8. The Council addressed Ms X’s complaint under the two stages of its complaints procedure and responded in some detail to the issues she had raised. The Council made clear that although Ms X may disagree with decisions taken by planning officers using their professional judgement, the merits of their decisions cannot be challenged by way of the complaints procedure and it did not uphold her complaint.
9. It is not our role to act as a point of appeal. We cannot question decisions councils make if they have followed the rights steps and considered the relevant evidence and information. Officers took Ms X’s concerns seriously and considered her comments and the evidence she supplied. That they came to a decision she does not agree with is not evidence of fault. I have seen no evidence to suggest fault affected the Council’s decisions.
10. In responding to my draft decision Ms X says she cannot understand how the planning officers who visited the site and considered the evidence she had provided made the decisions they did. While this difference of views is noted, it is for the officers, and not Ms X or the Ombudsman, to make the decisions based on the evidence and their professional judgement.

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Final decision

11. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman