Summary: We will not investigate this complaint about planning permission for a development of housing because there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council unreasonably granted planning permission for a development near 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. A planning application for a building and change of use of land at the back of Mr X’s house to caravan storage was submitted in October 2022. Mr X objected arguing that his outlook would be obscured, there would be noise pollution and a flood risk from the development.
6. The Planning Committee heard arguments from the local Councillor objecting to the planning application and Mr X’s agent.
7. The Planning Officer report to the Planning Committee argued that the flood risk was mitigated by the design of the development. An environmental study was submitted which the Planning Officer said satisfied the Council’s criteria for approval of such development by the planting of trees and landscaping. The Planning Officer was satisfied that neighbouring amenity was not affected significantly as there was a hedgerow and an access road between the houses and the development site. The Planning Officer stated that there was a 6m distance between the land and the houses which was satisfactory. The Planning Officer also argued that the proposed landscaping would reduce the effect upon neighbouring housing.
8. I am satisfied that there is no evidence of administrative fault by the Council in the way the planning application was considered. Mr X’s objections were taken into account and all points made considered.
9. In the absence of fault, the Ombudsman would not question the decision to grant planning permission.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman