Summary: We will not investigate this complaint about the Council’s decision to approve planning permission for development close to listed buildings. We have seen no evidence of fault in the way the Council considered the planning application. Nor do we consider the complainant has suffered a significant personal injustice to warrant our involvement.

The complaint

1. Mr D complains a Planning Officer gave a biased presentation on an application for 100 new homes. Mr D says the development will affect the setting of a listed World War Two (WW2) Stop Line and buildings.
2. Mr D says he spent time getting the buildings listed.

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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
• any fault has not caused injustice to the person who complained

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

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How I considered this complaint

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

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My assessment

6. The video recording of the Planning Committee Meeting shows the location of the Stop Line is clearly marked on the maps as outside the site. The Planning Officer also made this clear to the Committee.
7. The recording shows the Committee debated the application and gave weight to the Council’s shortfall in housing numbers. The application site is also designated for housing in its Strategic Housing Land Availability Assessment.
8. It is for the decision makers to allocate the weight to planning considerations. It is clear from the report and the discussion that Committee Members were aware of the location of the Stop Line which is outside the application site. There is no evidence to show the listed buildings will be affected by the development.
9. Mr D lives in the same village as the application site. I also recognise he has spent time ensuring the WW2 buildings were listed by Historic England. However, I do not consider he has suffered a significant personal injustice because of the Council’s approval of the planning application.

Final decision

10. We will not investigate Mr D’s complaint because we have seen no evidence of fault in the way the Council considered the planning application. Nor do we consider Mr D has suffered significant personal injustice.

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Investigator's decision on behalf of the Ombudsman