Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault. It is not yet possible to determine if the complainant has suffered any significant injustice because of any alleged fault with the Council’s enforcement investigation.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a planning application for a development near his home. He says the Council did not properly consider the impact the development would have on his property. Mr X says the new dwellings will cause loss of privacy and overshadowing and are not being built in line with the approved plans.

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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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

5. 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.
6. 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.
7. In this case, I am satisfied the Council properly assessed the acceptability of the development, including the impact on neighbouring properties, before granting planning permission. The case officer’s report referred to Mr X’s objections and addressed his concerns. However, the officer decided there would not be an unacceptable impact. The Council further addressed the impact on Mr X’s property in response to his complaint and explained why it considered the relationship between Mr X’s home and the development was acceptable.
8. I understand Mr X disagrees with the Council’s decision to grant planning permission. But the Council was entitled to use its professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
9. Mr X has also complained the development has not been built in line with the approved plans.
10. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
11. In this case, the Council is still investigating the possible breach. As the enforcement investigation has not yet concluded it is not yet possible to say if Mr X has suffered any significant injustice as a result of any alleged fault with how the Council dealt with his concerns about a possible planning breach. This is because the Council may still decide there has not been a breach of planning control or that formal enforcement action is not necessary.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find fault with how the Council dealt with a planning application. It is not yet possible to say if Mr X has suffered injustice in relation to the issues raised about a possible breach of planning control.

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Investigator's decision on behalf of the Ombudsman