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
Dr Y has complained about how the Council dealt with a planning application. Dr Y says the Council failed to properly consider their objections or the impact the development would have on their property.
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Dr Y 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 Dr Y’s objections and addressed the concerns raised. However, the officer decided the development would not have an unacceptable impact.
Dr Y says their property will lose value and the Council did not visit their home to properly assess the impact of the development. However, loss of property value is not a material planning matter. There is no requirement for councils to visit neighbouring properties when considering a planning application.
I understand Dr Y disagrees 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 Dr Y’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman