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 development will have a significant impact on existing properties and the Council has not addressed his concerns about a natural spring that runs through the site and possible flooding issues.

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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, or
• any injustice is not significant enough to justify our involvement.

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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 assessed the acceptability of the development, including the impact on neighbouring properties and the potential flood risk and drainage for the site, before granting planning permission. The case officer’s report referred to resident’s objections and addressed the concerns raised. However, the officer decided the proposal would not have a significant impact on neighbouring properties. The relevant third parties were also consulted about possible flood issues and the proposed drainage scheme for the site before it was decided the development would be acceptable.
8. Mr X says the Council did not properly consult residents about the development. The Council says it erected a site notice. However, even if the Council did not publicise the application as it should have, I do not consider Mr X has suffered significant injustice as a result as he did know about the application and had the opportunity to comment on the proposal.
9. I understand Mr X disagrees with the 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