Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs B complains about the Council’s handling of a planning application for a development next to her home. Mrs B says her home will be overshadowed by the new development and the Council has not shown that it has given this proper consideration. Mrs B also says the Council did not display her objections on the Council’s website and she feels the Council has ignored her concerns.

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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 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))
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 Mrs B and have viewed planning records on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There is not enough evidence of fault to justify an investigation into Mrs B’s complaint.
7. The Council wrote a case report setting out its consideration of this planning application. This included consideration of the impact of the development on neighbouring properties.
8. Also, in response to Mrs B’s complaint, the Council has explained in more detail why it considered the proposal was acceptable. The Council was entitled to consider the impact of the previous development on Mrs B’s property when assessing whether the proposed development is acceptable in planning terms.
9. Mrs B disagrees with the Council’s decision. But, unless there was fault in the way the Council reached this decision, we cannot say the Council was right or wrong to grant planning permission.
10. The Council has also explained that it did not display Mrs B’s objections online because her comments were marked as confidential. This is not evidence of fault.

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Final decision

11. We will not investigate Mrs B’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