Summary: We will not investigate this complaint about the way the Council considered a planning application before deciding to grant planning permission for new properties near the complainant’s home. We have not seen evidence of fault in the way the Council considered the application.

The complaint

1. Mrs X complained the Council failed to take local resident’s knowledge of flooding issues into account when it considered a planning application for new homes in the village where she lives.
2. She wants the Council to require the developer to put in new plans to mitigate the risk of flooding in the area.

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The Ombudsman’s role and powers

3. 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
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information provided by Mrs 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 deciding a planning application.
7. We can look at the Council’s decision-making process, but we can’t say if a decision is right or wrong. The Council should take account of law, policy, relevant evidence, and information. If it has followed those steps we cannot find fault.
8. Mrs X says the Council ignored residents’ knowledge and concerns about flooding. However, I am satisfied the Council properly assessed the acceptability of the development, including the concerns about flooding before granting planning permission. The case officer’s report referred to the objections received from residents. The Council also consulted the Environment Agency, the Local Lead Flood Authority, the Internal Drainage Board, the Highway Authority, and local water company. No objections were raised by any of these organisations.
9. The Council granted planning permission with a condition that the development is carried out according to the submitted drainage strategy.
10. I understand Mrs X is concerned the Council ignored residents’ knowledge and objections. However, the objections are summarised in the report and the issue of flooding is considered.

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Final decision

11. We will not investigate Mrs X’s complaint because we have not seen evidence of fault in the way the Council considered the planning application.
12. Also, Mrs X wants the Council to require the applicant to submit revised plans that meet the needs of the local community. As planning permission has been granted, this is not something we can achieve.

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Investigator's decision on behalf of the Ombudsman