Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault by the Council affecting its decision and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains about the Council’s handling of a planning application. He says the Council failed to follow its planning policies and failed to follow the recommendations of a statutory consultee. He also believes the Council placed too much weight on the perceived need for the development in making its decision.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the planning application documents available online.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. From the evidence I have seen the Council considered its policies and the responses to its consultation about the application and made a decision it was entitled to make. I appreciate Mr X disagrees with the decision but the planning officer’s report and the Council’s response to his complaint adequately explain the reasons for its decision and I have seen no basis for us to question it.
7. It is for the Council as the planning authority in this case to determine what level of weight to give all material considerations and we cannot question its judgement on this point.
8. We could not in any event say the Council must revoke or change the planning permission to require additional mitigation for the impact of the development on Mr X’s property.

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Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman