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

The complaint

1. Mr X has complained about how the Council dealt with his neighbour’s planning applications. Mr X says the developments will have a significant impact on his property and are out of character with the area.

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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. 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 developments before granting planning permission. The case officer’s reports referred to the impact on neighbouring properties and the area. However, the officer decided there would not be an unacceptable impact. The case officer also explained how the development was amended to address the reasons for refusing a previous application for the site.
8. I understand Mr X disagrees with the Council’s decision to grant planning permission for the developments. 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

9. 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