Summary: We will not investigate this complaint about how the Council dealt with an application to discharge a planning condition. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about how the Council dealt with an application to discharge a planning condition.

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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. (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 Ombudsman’s Assessment Code.

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My assessment

5. The Council granted permission for a development in the area where Mr X lives. The permission was subject to conditions. One of the conditions required the developer to submit details of a proposed bus stop to the Council for approval. Mr X says the location of the bus stop was changed shortly before the application was approved and the Council failed to consider the impact the location would have on his privacy.
6. I am satisfied the Council properly considered the acceptability of the proposed bus stop before approving the application. The case officer’s report referred to the concerns raised by Mr X about the location and addressed the issues he raised. However, the officer decided the proposed bus stop was acceptable. The Council also considered the video footage Mr X provided to support his concerns and explained why it did not consider there was an unacceptable level of intrusion.
7. I understand Mr X disagrees. But the Council was entitled to use its professional judgement in this regard. As the Council properly considered the application to discharge the planning condition, it is unlikely I would find fault.

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Final decision

8. 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