Summary: We will not investigate Ms X’s complaint about a planning decision to approve development near her home and the Authority’s response to her concerns. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about the Authority’s decision to approve development near her home and that it has failed to act to mitigate the impact of the development on her property. She says the matter has caused her distress and ill health.

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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 the complainant and the Authority.
5. I considered the Ombudsman’s Assessment Code.
6. I considered planning documents available on the Authority’s website.

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My assessment

7. The Authority approved a planning application for development near Ms X’s home in 2023. As part of the planning process, it posted a site notice and notified adjoining properties of the proposed development. It considered material planning considerations such as the impact on nature/ conservation, the layout of the proposed development, overlooking and neighbour privacy, flood risk and drainage.
8. In 2024, Ms X complained about the development. Enforcement officers acting on the Authority’s behalf investigated her concerns, which included a visit to the site. The investigation concluded there was no breach of the approved plans and so no enforcement action was required.
9. We will not investigate this complaint. There is insufficient evidence of fault in the Authority’s decision to approve the application to warrant an investigation.
10. Planning enforcement is discretionary and planning authorities may decide to take informal action or not to act at all. As long as a council or authority has appropriately considered the matter, we cannot question the decision reached. In this case, the Authority took appropriate action to investigate Ms X’s concerns, but its enforcement officers found no breach of the approved plans. As the Authority has investigated and there is no evidence of fault in how it reached its decision, we cannot question the outcome.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman