The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considered a planning application. This is because we have not seen evidence of fault to warrant an investigation.
The complaint
Mr X complained that the Council did not consider his objection to a planning application. Mr X stated that there were contradictions in the planning officer’s report and the development would have a greater impact than the report stated. He said that this has caused him stress and anxiety. Mr X would like the Council to reject the planning application.
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))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X submitted an objection to a planning application. Planning permission was granted in spring 2025 and Mr X submitted a complaint to the Council.
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 nearby 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.
I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to grant planning permission. The Planning Officer conducted a site visit to Mr X’s property to assess the impact of the proposals and concluded the impact of the proposed development was insufficient to justify refusal. The objections raised by Mr X were addressed within the Planning Decision.
There is no fault in how the Council took the decision and I therefore cannot question whether that decision was right or wrong.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our investigation.
Investigator's decision on behalf of the Ombudsman