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.

The complaint

1. Mr X complains the Council failed to properly consider his neighbour’s planning application. He says the development approved has resulted in harassment, obstruction of his property, impact on physical and mental health and distress. He wants the Council to quash the planning permission and remove the development.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• 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

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. 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. I note Mr X objected to his neighbour’s application and believes the Council failed to take account of relevant issues in reaching its decision to grant planning permission. But the evidence I have seen shows the Council addressed Mr X’s concerns and explained the reasons why the development was acceptable.
7. I appreciate Mr X disagrees with the decision but I have seen no evidence of fault in the process and we cannot therefore question it.
8. We also cannot achieve the outcome Mr X wants, which is for the Council to quash the planning permission. This is an outcome achievable only by the courts and while the development benefits from planning permission, as it does now, we cannot say the Council must remove it.

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Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault to warrant investigation.

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Investigator's decision on behalf of the Ombudsman