Summary: We will not investigate Ms X’s complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault to warrant further investigation.

The complaint

1. The complainant, Ms X, complains about the Council’s handling of a planning application for development close to her home. She believes the Council’s decision to grant planning permission is unsafe and says the Council has ignored risks and knowingly accepted false and misleading information.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. It is clear Ms X disagrees with the Council’s decision to grant planning permission but we are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong, even though a complainant may disagree with it.
6. The planning officer’s report, along with the minutes of the meeting where the application was discussed and determined, show the concerns raised were considered and that the Council relied on the responses of several statutory consultees, as it was entitled to do. While Ms X believes the Council failed to take account of safety risks and the impact of the development on her property I am satisfied the evidence shows the Council properly considered the application. It is therefore unlikely we would find fault or that further investigation would achieve any worthwhile outcome.

Back to top

Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman