The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for development near Mr X’s home. This is because there is insufficient evidence of fault in how the Council reached its decision to grant planning permission.
The complaint
Mr X complains the Council has granted planning permission for a development near to his home that will increase flooding to his property and business.
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)) We cannot question whether an organisation’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)
How I considered this complaint
I considered information provided by the complainant and information about the planning application on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has granted planning permission for a development near Mr X’s home. The Council produced an officer report which considered Mr X’s comments about flooding. The Council found no evidence that the development would lead to an increase in risk of flooding.
In reaching its decision the Council considered its local policies, advice from statutory consultees and Mr X’s comments. The Council’s reasons for its decision are set out in its officer report. Therefore there is insufficient evidence of fault in how the Council reached its decision and we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman