Summary: We will not investigate Mr X’s complaint about the Council’s decision to approve planning application for a development near his home. This is because further investigation would be unlikely to find evidence of fault in the Councils actions and we cannot achieve the outcome he seeks.

The complaint

1. Mr X complains that the Council failed to properly consider his objections and relied on inaccurate measurements when it granted planning permission for a neighbouring development. He says the Council allowed his neighbour to raise their roof, which has had an overbearing impact on his property and caused a loss of view. He seeks either restoration of the roof to its original height or financial compensation to recognise the harm caused.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made.
8. In this case, I am satisfied the Council properly assessed the acceptability of the development, including the impact on neighbouring properties and the area, before granting planning permission. The Planning Officer’s report referred to Mr X’s objections and those from other residents. It addressed the concerns raised.
9. It is for planning officers and/or Planning Committee members to decide what weight to give to objections. 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. People’s comments on planning applications may contain material planning considerations. Councils must take such comments into account but do not have to agree with them.
10. I appreciate Mr X strongly disagrees with the Council’s decision to grant planning permission, but I have seen no basis for us to question it. In the absence of procedural fault, we will not investigate. Mr X has told us he would ideally like the Council to revoke planning permission and if not award compensation to him. These are not outcomes we are able to achieve.

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Final decision

11. We will not investigate Mr X’s complaint. This is because further investigation would be unlikely to find evidence of fault in the Councils actions and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman