Summary: We will not investigate this complaint about the Council’s handling of a planning application for development at a site close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s handling of a planning application for development at a site close to his home for which permission was granted. He says it has not properly answered the questions raised, including an explanation of why two earlier prior approval applications at the same site were not reassessed in the light of the latest application and concerns about safety and amenity.

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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))

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How I considered this complaint

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

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My assessment

6. It is not our role to review the merits of decisions taken by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. While Mr X may disagree with the Council’s decision to grant permission for the development, there is no evidence to suggest fault affected it.
8. Mr X has previously made a complaint to the Ombudsman about two earlier prior approval applications where we found no fault and we will not revisit this issue. That the Council received and determined a further application at the site having determined the earlier two applications is not evidence of fault.
9. Mr X may not be satisfied with the responses he has received from the Council in addressing his complaint, but it is not our role to obtain an answer to each and every point raised.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman