The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. There is not enough evidence of fault in how the Council made its decision to justify investigating.
The complaint
Mr X complained the Council approved planning permission at a neighbouring property without addressing outstanding issues. Mr X said his property has suffered a loss of light and is now overlooked. He wanted the Council to provide compensation for distress and uncertainty caused.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council approved planning permission at a neighbouring property without properly assessing his objection. Mr X said the extension would overshadow his property and cause a loss of light.
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.
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 resident’s objections and addressed the concerns raised. The report considered the impact on Mr X’s home, and explained why the Council considered the proposal acceptable.
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 someone disagrees with the decision the organisation made.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman