The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a 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 how the Council dealt with her neighbour’s planning application. Mrs X says the Council did not properly consider her concerns about the development and did not sufficiently involve her in the planning process. Mrs X says the Council did not have enough information to determine the application and says the development will have a significant impact on her property.
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.
In this case, I am satisfied the Council properly assessed the acceptability of the development, including the impact on neighbouring properties, before granting planning permission. The case officer’s report referred to Mrs X’s objections and addressed her concerns. However, the officer decided the proposal would not detrimentally affect residential amenity.
Mrs X says the party wall will need to be removed to allow for the development and is concerned her property may be damaged and her home lose value. She has also raised concerns about disruption while the extension is being built. However, these are not material planning matters, and it is not for the Council to get involved with issues relating to property damage and the Party Wall Act. These will instead be civil matters between Mrs X and her neighbour.
I understand Mrs X may disagree with the Council’s decision to grant planning permission. But the Council was entitled to use its professional judgment 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.
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