The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a retrospective planning application. This is because we are unlikely to find fault.
The complaint
The complainant, whom I shall refer to as Mrs X, has complained about the Council’s decision to grant her neighbour retrospective planning permission. Mrs X says the development prevents her from accessing and maintaining her wall and is an eyesore.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and 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 application, including the impact the development has on neighbouring properties and the surrounding area, before granting retrospective planning permission. The case officer’s report referred to Mrs X’s objections and addressed her concerns. However, the officer decided the development was acceptable.
I understand Mrs X disagrees with the Council’s decision to grant planning permission. But the Council was entitled to use its professional judgement to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
Mrs X says the new development prevents her from accessing and maintaining her wall which contravenes the deeds relating to her property. However, this is not a planning consideration and will instead be a private civil matter between Mrs X and her neighbour.
Final decision
We will not investigate Mrs X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman