Summary: We will not investigate Mr 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. Mr X complained about the Council’s decision to grant planning permission for development at a nearby property. He believed there are errors within the planning officer’s report and the Council’s decision was wrong. Mr X feels the development will impact his quality of life and would like the decision to be reviewed.

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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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X was unhappy with several aspects of how the Council handled a planning application and approval. He complained the Council did not arrange to speak with him and he had to request a visit. However, there is no statutory requirement for the Council to arrange a visit to nearby residents.
7. Mr X said the planning assessment document includes inaccurate information. However, I have considered the report and it shows the Council considered the representations made by Mr X and other local residents as part of the assessment. The Council then made its decision and gave its reasons.
8. I understand Mr X disagrees with the Council’s decision to grant planning permission but there is insufficient evidence of fault in the way the Council has administered the process to warrant investigation.
9. 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.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman