Summary: Ms X complains abut the way the Council granted planning permission for a development near her. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the way the Council granted planning permission for a development near her.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I have considered Ms X’s comments on the draft decision.

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My assessment

6. A planning application for a Lawful Development Certificate for use of a neighbouring dwelling as a specialist care home was submitted in September 2020. Ms X objected to the planning application but it was granted in October 2020.
7. Ms X argues that the planning application was misleading as the number of visitors to the property would be greater than that stated, which would affect the parking facilities.
8. The Council says that this issue was considered at the time but it was not considered to cause such effect to public amenity as to warrant refusal. Ms X argues that a similar planning application was refused by a Planning Inspector on appeal. The Council cites differences in the particular properties and the number of care/education visits so as to allow for the grant of planning permission in this case. The Council referred to a further planning permission (granted by a Planning Inspector) where the planning application was approved in a similar situation.
9. The Ombudsman cannot question the professional judgement of a Planning Officer in the absence of administrative fault. In this case the Council clearly considered the objections raised by Ms X and explained their reasons for granting planning permission. Ms X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.
10. The Council has agreed to investigate if the planning permission granted is not complied with by the operator.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault.

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Investigator's decision on behalf of the Ombudsman