Summary: We will not investigate this complaint about the way the Council considered a planning application. This is because there is not enough evidence of fault to justify further investigation.

The complaint

1. Mr X complained about the Council’s consideration of a planning application affecting a nearby property. Mr X complained other residents were unable to assess the scale of the proposed building because of flaws in the application documents which the Council did not acknowledge.
2. Mr X also complained about the Council’s handling of his complaint.
3. Mr X said the development has impacted on his amenity, as well as causing him stress in having to raise and pursue his complaint.

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The Ombudsman’s role and powers

4. 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)).
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained the Council approved plans for a building at a nearby property, despite what he said was an obvious impact on him. Mr X also complained the Council accepted the plans despite it only relying on drawings which were inaccessible to residents without knowledge of planning processes.
9. The Council agreed the application and the case officer’s report demonstrated it considered the impact on properties affected and decided the impact was acceptable and did not contravene policy.
10. We are not a planning appeal body, and we cannot overturn the Council’s decision. We look at how the Council made its decision and whether there was any flaw in that decision-making. If there was no fault in the Council’s decision-making, we cannot question it. The evidence at hand suggests that we would not find fault by the Council and therefore we will not investigate this complaint.
11. Mr X complained about the Council’s handling of his complaint. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint as it is not proportionate to do so.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to justify further investigation.

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Investigator's decision on behalf of the Ombudsman