Summary: We will not investigate this complaint about the way the Council considered a planning application. There is not enough evidence of fault in the Council’s actions to warrant an investigation.

The complaint

1. Mr X complains the Council failed to properly consider the impact of a new development of family homes in an area of primarily low density, single-storey retirement communities.

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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. Mr X says the Council failed to consider the impact of a proposal for two-storey homes in an area of primarily single-storey retirement homes where he lives.
6. The planning officer’s report for the application includes:
• a description of the application site and the surrounding area
• the planning history of the site
• the proposed development
• a summary of the objections received
• the relevant national and local planning policies; and
• reasons for the planning officer’s recommendation to approve the application.
7. The minutes of the Council’s planning committee meeting show members of the planning committee had visited the site prior to the meeting.
8. They also show the relationship between the proposed two-storey homes and the existing single-storey retirement properties was raised by several speakers at the meeting, including Mr X. A detailed debate is recorded. In a response to questions from committee members, the presenting officer referred to policy s23 of the adopted Central Lincolnshire Local Plan, which states:

“Developers are expected to provide housing solutions that contribute to meeting the housing needs of the housing market area, as identified in the latest Central Lincolnshire Housing Needs Assessment and in any other appropriate local evidence. This means new residential development should maintain, provide or contribute to a mix of housing tenures, types and sizes to help support the creation of mixed, balanced and inclusive communities.”

9. Having considered the proposal and hearing from those who objected and those who supported the application, the committee voted to approve the application subject to the completion of a legal agreement with the developer.
10. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any procedural fault with how the decision was made.
11. In this case, the evidence I have seen shows the Council properly assessed the acceptability of the development, including the impact on neighbouring properties and the area, before granting planning permission.
12. It is for planning officers and/or committee members to decide what weight to give to material considerations. Councils will grant permission where they consider proposals are in line with relevant planning policies and they find no planning reasons of sufficient weight to justify refusal.

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Final decision

13. 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.

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Investigator's decision on behalf of the Ombudsman