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 a planning application for a development near his home. He says the Council failed to properly consider his objections and the application was only approved due to potential appeal costs. Mr X says 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. 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.
7. In this case, I am satisfied the Council properly considered the acceptability of the development, including the impact on neighbouring properties and the surrounding area, before granting planning permission. The case officer’s report referred to resident’s objections and addressed the concerns raised. However, the officer decided the development would not materially harm neighbouring residential amenity. The Council also explained further in response to Mr X’s complaint why it did not consider there would be an unacceptable impact on his property. The acceptability of the development was also discussed at the planning committee meeting before members voted to grant planning permission.
8. Mr X says planning permission was only granted due to potential appeal costs. But the Council was entitled to take into account any costs that may be incurred if it refused permission unreasonably or without any grounds.
9. 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.

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Final decision

10. 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