Summary: We will not investigate Ms X’s complaint that the Council failed to consider residents views before approving a planning application, did not consult her before approving the construction management plan and has failed to take enforcement action. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complained the Council failed to take into consideration residents views before approving a planning application for a development near her home. Ms X also complained the Council has not taken enforcement action against breaches of planning conditions.
2. Ms X says the construction work has caused distress. She wants the Council to consider revoking the planning permission and pay compensation for the disruption.

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The Ombudsman’s role and powers

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A neighbour submitted a planning application for a property next to Ms X’s home.
7. Ms X objected to the development, and while the Council acknowledged her objections, it decided to approve the application. Councils must publicise planning applications, invite comments/ objections and consider those received. As long as they consider a person’s objections as part of the process, we cannot question the decision reached. We will not investigate this as it considered her objections before deciding to approve the application, so it is unlikely an investigation would find fault.
8. The Council approved a construction management plan as a condition of the planning approval. Ms X says the Council did not consult her before approving the plan. We will not investigate this. I have seen evidence that shows the Council communicated with residents before the construction management plan was approved. The Council previously shared information with Ms X, giving her an opportunity to express views.
9. Ms X says the Council did not include the construction hours in the construction management plan. The plan lists the approved construction hours, and the Council agreed on them before sign-off. Ms X had an opportunity to raise concerns before the plan was approved, so we will not investigate.
10. Ms X says the Council’s enforcement officers have not taken enforcement action against breaches of planning conditions. In its complaint response, the Council confirmed that enforcement officers have conducted enforcement checks and assured Ms X they will continue to monitor the site. There is insufficient evidence of fault in how the Council has responded to Ms X’s concerns.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman