Summary: We will not investigate this complaint about the Council’s planning decision. This is because it is unlikely we will find any fault.

The complaint

1. Mr X says the Council has approved planning permission for a site which he says will cause safety concerns. He says the Council does not have adequate experience in this specialist field. Mr X says this approval has set a dangerous precedent and would like the Council to meet with his organisation to understand the safety issues.

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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))

3. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council was asked to grant permission for a new development. It undertook a consultation process. Mr X’s organisation and a number of other organisations with specialist knowledge in the field commented on the proposals.
7. The Council considered all representations. Planning permission was granted.
8. Mr X complained to the Council and asked for permission to be withdrawn.
9. When the Council said that the decision had been lawfully made and could not be withdrawn, Mr X requested the Council meet with him to prevent similar decisions being made in future.
10. I understand Mr X disagrees with the Council’s decision to grant planning permission. But I am satisfied the Council properly considered the acceptability of the development before approving the application. The case officer’s report detailed the objections received and addressed the comments made, including concerns raised about safety.
11. The Council was entitled to use its professional judgement to decide the proposal was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, I consider it unlikely that we would find fault.
12. If similar applications are made in the future Mr X will have the opportunity to comment on them, as would any interested member of the public.

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Final decision

13. We will not investigate Mr X’s complaint because it is unlikely that we will find fault on the part of the Council.

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Investigator's decision on behalf of the Ombudsman