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. It is not yet possible to determine if the complainant has suffered any significant injustice because of any fault with how the Council dealt with a possible planning breach.

The complaint

1. Ms X has complained about how the Council dealt with a planning application for a residential development. Ms X says the Council failed to properly consider the possible flood risk and granted permission for the development despite concerns raised about drainage for the site. Ms X says her home has flooded and she has been caused significant stress by the matter.

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The Ombudsman’s role and powers

2. 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. 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.
7. In this case, I am satisfied the Council properly assessed the acceptability of the development, including the impact on flood risk and drainage for the site, before granting planning permission. The Council contacted the relevant consultees for their comments and applied the planning conditions recommended by the Lead Local Flood Authority.
8. Ms X says planning permission should not have been approved for the site due to the flood risks. But I am satisfied the Council properly considered the acceptability of the development before granting planning permission. I understand Ms X disagrees, but the Council was entitled to use its professional judgement in this regard. 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.
9. Ms X has also questioned whether the drainage at the site complies with the approved scheme. The Council has said its enforcement team will look into Ms X’s concerns about a possible breach of planning control. As the Council’s investigation is ongoing, it is not yet possible to say whether Ms X has suffered any significant injustice. The Council may still decide there has not been a breach or that enforcement action is not necessary. Ms X can return to the Ombudsman and make a new complaint if she remains unhappy once the enforcement case has concluded.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council. It is not yet possible to determine if Ms X has suffered significant injustice because of any fault with the Council’s enforcement investigation.

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Investigator's decision on behalf of the Ombudsman