Summary: We will not investigate this complaint about the Council’s handling of her neighbour’s planning application. This is because there is not enough evidence of fault by the Council affecting its decision.

The complaint

1. Mrs X complains the Council gave her neighbour planning permission for development which negatively impacts the enjoyment of her own home. She also complains the Council’s communications breached the Equality Act 2010 by not being accessible.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(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 Council’s planning register.
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. Considerations include matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight 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 decision is right or wrong. The Council should take account of law, policy, relevant evidence, and information.
8. Mrs X’s neighbour applied for planning permission to build an outbuilding in 2024. The Council notified the neighbours of the application, and Mrs X lodged an objection.
9. I am satisfied the Planning Officer took Mrs X’s objections into consideration and addressed them in their report before the Council issued the planning permission. The Council further explained its position on these concerns in response to Mrs X’s complaint.
10. The Council has accepted the Planning Officer’s report contained a factual error, but it was satisfied this error did not wrongly impact the decision to issue planning permission and I have seen no good reasons to question its judgement on this point. I cannot therefore say this error caused Mrs X significant injustice.
11. Mrs X also complains the Council had impinged on her rights under the Equality Act 2010 by failing to make its communications accessible.

But I am satisfied the Council’s response to Mrs X showed it had considered its responsibilities under the Equality Act 2010 and it is therefore unlikely we would find fault on this point.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault affecting the Council’s decision.

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Investigator's decision on behalf of the Ombudsman