Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a development which will impact on parking availability in Ms X’s local area. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I call Ms X, says the Council has ignored the situation of her and other local residents who will lose car parking space and access due to a housing development for which planning permission has been granted.

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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’. I have used the word fault to refer to these. 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, including its response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council about its handling of a planning application for a development close to her home which will reduce car parking availability in the area and affect road access to her property.
7. The Council addressed the issues she raised, including the submission of a petition, the objections of local residents, the planning meeting at which the application was determined and the lack of response to her contact by a local councillor. Having considered the complaint, the Council found no evidence to suggest it had not followed proper procedures in granting planning permission.
8. It is clear Ms X disagrees with the decision and would have preferred an alternative form of development. However, the Council has to determine the application it has received, and it is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information.
9. I have seen no evidence to suggest fault affected the Council’s decision. A site visit took place, the comments of the Highways Authority were taken into account and the objections of residents considered in accordance with normal procedures.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman