Summary: We will not investigate Mr X’s complaint that the Council’s planning decision is based on inaccurate information and not in line with law or council policy. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains that the Council’s planning decision is based on inaccurate information, and that it is not in line with law or the Council’s policy.

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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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Councils should consider planning applications in line with their local development plan, unless material planning considerations suggest otherwise.
6. Mr X complains that the Council’s planning decision was based on inaccurate information in the Case Officer’s report.
7. The courts made it clear that officer reports:
• do not need to include every possible planning consideration, but just the principal controversial issues
• do not need to be perfect, as their intended audience are the parties to the application (the council and the applicant) who are well experienced of the issues; and
• should not be subject to hypercritical scrutiny, and do not merit challenge unless their overall effect is to significantly mislead the decision maker on the key material issues.
8. I note that the Council has explained to Mr X that all representations received on the application, including those which highlighted inaccuracies in the report were reviewed. The Case Officer decided the errors in the report were minimal and did not justify withholding planning permission.
9. I have read the Case Officer’s report. It set out the reasons for the Council’s decision and took Mr X’s planning objections into account. I have therefore not found evidence that the Council’s decision is not in line with the relevant law or policy.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council considered the planning application to justify investigating.

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Investigator's decision on behalf of the Ombudsman