The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of a planning application. This is because we are unlikely to find fault.
The complaint
Mr X complained about how the Council considered a planning application on a nearby property and did not consider objections.
Mr X complained the Council’s decision reduces his privacy.
The Ombudsman’s role and powers
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) 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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered the relevant documents on the Council’s planning website.
My assessment
When a local authority receives a planning application it must look at the building plan and the material planning considerations to decide if the proposal is acceptable. Material considerations include 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.
We are not a planning appeal body. Our role is to review the process by which planning decisions are made. We look for evidence of fault causing significant injustice to the individual complainant.
In this case, I am satisfied the Council properly assessed the acceptability of the planning application, including the impact on Mr X’s property. The case file has a record of Mr X’s objections, and a note of the restrictions placed on surrounding areas.
Final decision
We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.
Investigator's decision on behalf of the Ombudsman