Summary: We will not investigate this complaint about the way the Council considered a planning application. We have seen insufficient evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mrs X complains the Council failed to visit her home or properly consider her privacy before approving her neighbour’s planning application.

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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))

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How I considered this complaint

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

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My assessment

5. Mrs X complains the Council failed to visit her home before granting planning permission for her neighbours to extend their bungalow to two storeys.
6. She says the Council failed to correctly assess the application.
7. The Council publicised the neighbour’s planning application. Mrs X, the town council and others objected to the proposals.
8. The Planning Officer considered the objections received in their report on the proposal. A section of the report specifically concerned the impact of the development on Mrs X’s home.
9. Having considered the proposals and the objections received, the Planning Officer concluded the scheme would not result in unacceptable harm to the residential amenity of the neighbours, including Mrs X, and recommended approval. A senior officer agreed with the recommendation and the application was approved under the Council’s scheme of delegation. Having considered the planning application and the objections, this is a decision the Council is entitled to make.
10. I understand Mrs X believes the Council should have visited her home to properly consider the impact of the proposal. However, there is no requirement for the Council to visit the application site or the properties of those objecting to the proposals. The Council noted Mrs X’s objections and considered them in the case officer report.

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Final decision

11. We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault the way the Council considered the neighbour’s planning application to justify an investigation.

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Investigator's decision on behalf of the Ombudsman