The Ombudsman's final decision
Summary: Ms X complains about a Council planning decision to allow a large number of flats to be built on a green space in her locale. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complains about a Council planning decision to allow a large number of flats to be built in her locale which has led to the loss of trees and woodland and she says this has affected her health.
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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
I gave MS x the opportunity to comment on my draft decision.
My assessment
Ms X objects to a recent planning decision by the Council to allow the building of a large number of flats in an area of what was once green space close to her home and to the loss generally of trees and the green environment as a result of building development.
She complained to the Council about this. It explained the housing targets it is required to meet and said with regard to the application on the site close to her that it had found no fault in how it had dealt with the application and made its decision.
We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. We cannot question a decision made by a council if it has followed the right steps and considered the relevant evidence and information. While I understand Ms X is unhappy with the Council’s decision, I have seen no evidence to suggest fault affected it.
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