Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s decision to grant planning permission for development at a neighbouring property. She believes the decision was influenced by another council department with an interest in the property and says the department did not declare their interest at the meeting held to discuss the application. She disagrees with the Council’s decision and says it did not give enough weight to the impact of the proposal on the character and amenity of 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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong.
5. I understand Mrs X disagrees with the Council’s decision to grant planning permission but I have seen no evidence of fault in the way it was reached. There is no evidence to show the Council’s planning committee was influenced by anything other than relevant material planning considerations and the planning officer’s report, which addresses the concerns raised by Mrs X and other local residents.
6. Mrs X says changes were made to the proposal at the last minute but it clear that comments on these changes were added to the planning officer’s report and it was for the Council to decide if the changes warranted further consultation. The Council has explained the changes were in its view so minor that they did not and this was a decision it was entitled to make.
7. Mrs X is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman