Summary: We will not investigate this complaint about the Council making inconsistent decisions on planning applications for works to a window. There is insufficient evidence of fault in the way the Council reached its decision to approve the works, and they do not cause the complainant a significant personal injustice.

The complaint

1. Mr X complains about the Council granting planning permission for works to a window at a neighbouring property which it had previously refused.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

3. With regard to the first bullet point above, we can 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)
4. And in relation to the second and third bullet points, we do not start an investigation if we decide the impact of the fault a person complains about is not so significant that we should investigate. We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation.

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How I considered this complaint

5. I considered:
• information provided by Mr X and the Council, which included their complaint correspondence and the delegated reports for the planning applications relating to the works.
• other information about the planning applications, on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Mr X is unhappy the Council has granted planning permission for works to the window area of the neighbouring property.
7. But the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes the Council followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the Council made.
8. I consider there is insufficient evidence of fault in the way the Council reached its decision to approve the works, so we will not investigate the complaint. In reaching this view, I am particularly mindful that the delegated report:
• includes a summary of an objection to the proposal;
• includes the planning application and enforcement history;
• summarises the relevant planning policies; and,
• explains why the previous reason for refusal is considered to have been overcome.
9. Officers were entitled to use their professional judgement to decide the weight to be attached to the planning policies and any other material planning considerations, even if Mr X disagrees with the conclusion reached.
10. In addition, we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures by an organisation. Although Mr X might dislike the appearance of the approved works, I do not consider any injustice is significant enough to warrant us pursuing the matter.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council reached its decision to approve the works, and they do not cause him a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman