The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council decided to grant planning permission for development next to the complainants’ home. We are unlikely to find fault affected the Council’s decision. The Council is currently considering the complainants’ concerns about possible breaches of the planning permission.
The complaint
In summary, the complainants, who I refer to here as Mr and Mrs Y, say development next to their home is not in accordance with planning permission granted by the Council.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended) We do not provide a right of appeal against a council’s decision on a planning application. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr and Mrs Y and the Council. I have also seen information in the Council’s website and considered our Assessment Code.
My assessment
Grant of planning permission The Council received a planning application for development next to Mr and Mrs Y’s home. It had to consider the planning merits of the application and grant planning permission if there were no valid grounds for refusal.
The Council publicised the application and Mr and Mrs Y sent their comments on it. A planning officer set out the planning issues in a report which addressed the issues Mr and Mrs Y had raised. The Council decided there were no valid grounds to refuse the application and so granted planning permission.
Possible of breaches of planning permission When construction began, Mr and Mrs Y raised concerns with the Council that it was not in accordance with the approved plans. The Council is currently considering their concerns.
It will be for the Council decide whether there have been breaches of the planning permission and what, if any, enforcement it should take. We cannot decide at this time if there has been fault by the Council in this.
Final decision
We will not investigate Mr and Mrs Y’s complaint about Council’s decision to grant planning permission because we are unlikely to find it was affected by fault. We cannot come to a view on enforcement issues at this time.
Investigator's decision on behalf of the Ombudsman