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 and the complainant has not suffered significant injustice.

The complaint

1. Mr X has complained about how the Council dealt with a planning application for a development near his home. Mr X says the Council failed to notify him about changes to the plans before planning permission was granted. Mr X says the development will be overbearing and cause a significant loss of privacy and overlooking.

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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.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. 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.
8. In this case, I am satisfied the Council properly assessed the acceptability of the development before granting planning permission. The case officer’s report referred to the impact on neighbouring properties. However, the officer decided the development would not result in harm to the character and appearance of the area and there would not be a materially detrimental impact on residential amenity. The acceptability of the development was also considered by the planning committee before members voted to grant planning permission.
9. I understand Mr X disagrees with the Council’s 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.
10. Mr X says the plans were amended before planning permission was granted and the Council did not notify him about the proposed changes. However, the Council has explained why it considered the changes to the development were not material and there was no requirement for it to consult residents. Furthermore, even if there was fault with how the Council publicised the application, I do not consider Mr X has suffered any significant injustice as a result. The Council properly considered the acceptability of the amended proposal before granting permission for the development. Therefore, it is likely the decision to approve the application would be the same had Mr X known about the changes to the plans and raised further objections.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find fault. Mr X has also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman