The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Council's planning decision. It is unlikely we could significantly add to the Council’s reply to Mr X.
The complaint
Mr X says the Council used a flawed process to grant a planning permission.
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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X which included the Council’s reply to him.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about the way it granted a planning permission. His complaint included issues about trees not being properly explained in the officer’s report to the planning committee and other issues he felt the planning officer's report was wrong about. He also said he was not given enough time at the meeting to speak.
The Council replied in detail. It explained that all of the points Mr X disagreed with the planning officer’s views on, were in documents before the committee. It explained the speaking process. It said the planning committee members could have asked for more time if they felt they needed it.
Our investigation is unlikely to add to the Council’s reply. The complaint’s officer had seen the files and watched the planning committee recording.
The Ombudsman is 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, regardless of whether Mr X’s disagrees with the decision the organisation made.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would be able to add to the Council’s reply.
Investigator's decision on behalf of the Ombudsman