Summary: We will not investigate this complaint about planning permission as there is no evidence of fault by the Council.

The complaint

1. Mr X says that the Council granted planning permission for a neighbouring development which appeared to allow the addition of a gate next to his home.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. 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)

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How I considered this complaint

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

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My assessment

5. Mr X says that the planning permission which showed the creation of a gate on a highway is illegal.
6. The Council explained that the planning permission itself does not give permission for a gate to be placed on a highway. This would need separate permission from the Highways Authority.
7. I am satisfied that there is no evidence of fault in the way the Council considered the planning permission regarding the gate. The gate will need separate permission and Mr X can complain to the Highways Authority if the gate is put in place without such permission.

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Investigator's decision on behalf of the Ombudsman