The Ombudsman's final decision
Summary: Mr X complains about the Council’s handling of a planning application. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.
The complaint
Mr X complains about the Council’s handling of a planning application for a housing development which he says will impact negatively on his village.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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. (Local Government Act 1974, section 34(3), as amended) 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, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
I gave Mr X the opportunity to comment on my draft decision.
My assessment
Mr X complained to the Council following the decision of its Planning Committee to grant permission for a reserved matters planning application for a housing development which Mr X says will negatively affect his village.
The Council addressed the various issues Mr X raised in his complaint but in response to Mr X’s submission that the objections of residents and the Parish Council should carry greater weight than the views of officers and committee members, the Council explained that it is for members of the committee to determine how much weight to give to objections from residents and consultee bodies.
Here the views of objectors were considered. The Council made a decision with which Mr X disagrees, but this is not evidence of fault. We are not an appeal body and it is not our role to question the merits of decisions councils make if the right steps have been followed and the relevant evidence and information considered. I have seen no evidence to suggest fault affected the Council’s decision.
Final decision
We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman