Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a household extension. There is insufficient evidence of fault in the Council’s decision-making process to justify an investigation. Nor can we achieve the outcome the complainant is seeking.

The complaint

1. Mr X complains the Council failed to protect his property when considering his neighbour’s planning application. He says the Council:
• is colluding with his neighbour;
• accepted plans not to scale;
• failed to enforce its own policy; and
• altered a planning report after publication.
2. He wants the
• planning permission withdrawn; and
• Council officers involved in the decision to grant planning permission dismissed.

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The Ombudsman’s role and powers

3. 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
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered all the information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I have reviewed all the information provided by Mr X. I have also considered the information provided by the Council and the information about the planning application which is available on the Council’s website.
7. The Council publicised the planning application. The planning officer’s report contains details of the application, the relevant Council policies and explains why the application was considered acceptable.
8. I have seen no evidence that the report was altered after the decision was made.
9. Mr X wants Council officers dismissed. This is not something the Ombudsman can achieve.

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Final decision

10. We will not investigate Mr X’s complaint because we have not seen evidence of fault in the way the Council processed his neighbour’s planning application. Also, we cannot dismiss Council employees which is part of the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman