Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about how the Council dealt with his neighbour’s planning application. He says the Council failed to properly consider the objections it received about the application and the development will have a significant impact on his home.

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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 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
5. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made.
6. In this case, I am satisfied the Council properly assessed the acceptability of the development, including the impact on neighbouring properties, before granting planning permission. The case officer’s report summarised the objections received about the application and addressed the concerns raised. However, the officer decided the proposal would not cause material harm to the amenity of neighbouring residents. The Council also explained further in response to Mr X’s complaint why it considered the development would not have an unacceptable impact on his home.
7. Mr X has questioned if the Council should have referred the application to its planning committee for determination. However, most planning decisions will be made by officers using their delegated authority. In this case, I am satisfied the decision not to refer the application to the planning committee was in line with the Council’s constitution. Mr X has also said the Council refused the applicant’s offer to reduce the height of the building. But the Council only needed to consider the acceptability of the development proposed.
8. I understand Mr X disagrees with the Council’s decision to grant planning permission. But the Council was entitled to use its professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
9. Mr X is concerned about his neighbour potentially breaching the planning conditions. However, if Mr X believes there has been a breach of planning control, he can report this to the Council’s enforcement team to consider.
10. Mr X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman