Summary: We will not investigate this complaint about the Council’s handling of a planning application submitted by Ms X’s neighbour. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s handling of her neighbour’s planning application for an extension which she says will impact her amenity.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X complained to the Council that it had failed to give proper consideration to a neighbour’s planning application.
7. The Council addressed the various issues raised by Ms X but did not uphold her complaint, satisfying itself that the application had been properly and fully considered by officers and that the decision to approve the application had been the correct one as there were no justifiable reasons to refuse it.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions councils make if they have followed the right steps and considered the relevant evidence and information. While Ms X may be disappointed with the Council’s decision here, there is no evidence to suggest fault affected it.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman