Summary: We will not investigate this complaint about the Council granting planning permission for a development without imposing the conditions suggested by the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to have contacted us sooner, and there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council has failed to properly consider the impact of a neighbouring development on her amenity, as it has not imposed the two conditions she suggested in her representations.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Ombudsman can investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
4. In that regard, we cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. If there is evidence of fault in the process, we consider whether this is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
5. And we cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Mrs X.
7. I also considered our Assessment Code, and information about the planning application on the Council’s website.

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My assessment

8. The 12-month time restriction detailed in paragraph 5 above appears to apply to the complaint. This is because the application was determined in December 2021, yet Mrs X did not contact the Ombudsman until March 2023. I am unaware of any reasons why Mrs X was prevented from complaining to us sooner, so the Ombudsman will not start an investigation because the complaint is late.
9. And even if this time restriction did not apply, there is insufficient evidence of fault in the way the Council determined the application to justify the Ombudsman pursuing the matter further. In reaching this view I am mindful that:
• The applicant had provided several photographs of the application site and surrounding area, and the case officer also conducted a site visit. The officer would therefore have been aware of the character of the site and its relationship with neighbouring properties.
• The officer’s report refers to and addresses Mrs X’s request for conditions to be imposed.
• The report also considers the impact of the proposal on the residential amenity of neighbouring properties. Whilst Mrs X might disagree with the Council’s view on the impact of the development, we cannot question that decision where there is no evidence of fault in the decision-making process.
• And whilst the applicant might have had no objection to the conditions Mrs X proposed, national planning guidance says conditions should be kept to a minimum, and should only be imposed where they satisfy certain tests. It was for the Council to reach its own professional judgement on whether the proposed conditions met these tests.

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Final decision

10. We will not investigate Mrs X’s complaint because it is reasonable to expect her to have complained sooner, and in any case, there is not enough evidence of fault in the way the Council determined the application.

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Investigator's decision on behalf of the Ombudsman