Wakefield City Council (25 002 992)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 15 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council handled Mr X’s concerns about the impact of development near his home. This is because there is not enough evidence of fault.
The complaint
- Mr X says the Council did not properly consider the impact of development of land near his home, including non-compliance with design guidelines, previous planning applications, overlooking from windows and the visibility splay and associated risks to road users.
The Ombudsman’s role and powers
- 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)).
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In November 2024 Mr X’s neighbour submitted a planning application to build a house on land near Mr X’s home, with access to the property from the existing highway. The Council consulted with neighbouring residents who submitted their concerns about the development.
- The case officers report shows the Council considered the issues that were relevant to the planning process.
- The report summarises objections received to the proposal including the impact on neighbouring properties and the highway. The planning officer determined it would not result in any harmful impact on neighbours or road users. This was a decision they were entitled to reach.
- The Ombudsman is not an appeal body. We look at the processes an organisation followed in making its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees with the decision made.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman