The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a neighbour’s planning application. There is not enough evidence of fault in the actions of the Council to warrant our further involvement.
The complaint
Mrs X complained that the Council failed to fully consider her concerns relating to a neighbour’s planning application for building works.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is no enough evidence of fault to justify investigating.
How I considered this complaint
I considered: Information provided by the complainant.
Documents on the Council’s website about the planning application, including the original and revised plans, and associated reports.
The Ombudsman’s Assessment Code.
My assessment
We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
I find there is insufficient evidence to conclude that any fault has affected the outcome of the planning application, so we will not start an investigation. In reaching this view, I am mindful that: Mrs X submitted comments relating to the original planning application to the Council. This related to the size and scale of the proposed building works, and potential reduction of natural light. The Council’s planning officer report shows that it considered these concerns, and these are evident in the required amendments in the revised plans.
The Council does not have to engage in further consultation. This is because it has already reviewed and responded to Mrs X’s concerns.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence that fault is likely to have affected the planning outcome.
Investigator's decision on behalf of the Ombudsman