The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.
The complaint
Mrs Y complained about how the Council dealt with a planning application.
Mrs Y says that the Council failed to properly consider her objections, and the Council’s decision will have a significant impact on her.
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 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)) 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)
How I considered this complaint
I considered information provided by Mrs Y I considered the Ombudsman’s Assessment Code.
My assessment
When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
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.
I am satisfied the Council properly assessed the acceptability of the development, including the impact on other properties, before granting planning permission. The planning officer’s report referred to Mrs Y’s objections and addressed the concerns she raised. However, the officer decided the development would not have an unacceptable impact on surrounding properties.
I understand that Mrs Y disagrees with the Council’s decision to grant planning permission. However, the Council was entitled to use its professional judgement to decide the application was acceptable. We cannot question this decision unless it was informed by fault. As the Council properly considered the application, it is unlikely that I could find fault.
Mrs Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
We will not investigate Mrs Y’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman