The Ombudsman's final decision
Summary: We will not investigate this complaint about the Councils decision to grant planning permission for a retrospective application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have seen no evidence of fault in the way the Council considered the planning application.
The complaint
The complainant, I shall call Mr X, says the Council displayed bias in favour of his neighbour when it granted planning permission for a retrospective application for retention of decking and fencing. He says the Council has been critical and dismissive of all his comments.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the information on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My Assessment
The Council received a retrospective planning application for retention of works and fencing to his neighbour’s rear garden.
Mr X objected saying the height of the decking infringes on his privacy. He also said approving a retrospective application would persuade others to also ignore the planning process.
The Planning Committee decided to defer making a decision and asked Officers to visit Mr X’s home to take photographs and present these to the Committee.
Officers visited Mr X’s home and took photographs. The Case Officer prepared a report on the scheme which includes Mr X’s objections. The report and photographs were presented to the Planning Committee. Also, Mr X spoke to the Committee.
A person who has undertaken unauthorised development has only one opportunity to obtain planning permission after the event. This can either be by means of a retrospective planning application (under section 73A of the Town and Country Planning Act 1990).
Having considered the information provided and Mr X’s objections the Committee decided to approve the application.
Final decision
We will not investigate Mr X’s complaint because we have seen no evidence of fault in the way the Council considered his neighbours planning application.
Investigator's decision on behalf of the Ombudsman