Summary: Ms X complains about the Council’s handling of a planning application for development at a site close to her home. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation nor can we achieve the outcomes Ms X seeks.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s handling of a planning application for development at a site close to her home. She says it withheld material information and failed to consider all relevant information in making its decision, including failing to listen to expert advice from Council departments. As a resolution to her complaint she seeks, amongst other outcomes, a recommendation from the Ombudsman that the Council revoke the planning permission already 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’. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to her complaint.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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My assessment

7. Unhappy with the decision and Council’s handling of a planning application for development at a site close to her home, Ms X complained to the Council setting out her concerns and why she considered it had been at fault.
8. The Council responded to each of her concerns but it did not uphold her complaint and found the application, and a linked application, had been dealt with in accordance with normal procedures.
9. It is not our role to act as a point of appeal in relation to decisions taken by councils with which complainants disagree. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While Ms X is clearly unhappy with the Council’s decision here, it has adequately addressed the points she raised and there is no evidence to suggest fault affected the Council’s decision.
10. Moreover, the main outcome Ms X seeks for her complaint, revocation of planning permission, is not a recommendation we can make.
11. In responding to my draft decision Ms X referred to a number of issues including the site notice for the development, her view that the Council failed to adhere to the Local Plan, the voting rights of the civic mayor, the absence of a highways officer at the Committee meeting and matters concerning highway safety and highway works. However, having reviewed her comments and the Council's responses to these issues, I am satisfied it responded appropriately to her even though she may not be satisfied with what she has been told.
12. Ms X says she wants to see the legal advice the Council received about the role and voting rights of civic mayors and that the Council has not responded to an FOI request she made. However, the Information Commissioner’s Office considers complaints about freedom of information, and it is open to Ms X to contact the ICO about these matters.
13. Planning conditions requiring discharge in relation to the development are still outstanding and we will not investigate them at this stage when the outcome is unknown.

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Final decision

14. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation nor can we achieve the outcomes Ms X seeks.

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Investigator's decision on behalf of the Ombudsman