Summary: We will not investigate Mrs C’s complaint about a planning decision. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs C complains about the Council’s decision to grant planning permission for a change of use of a neighbouring property. Mrs C says the Council did not consider this application thoroughly and did not give proper consideration to her concerns. Mrs C would like the Council to alter the planning permission.

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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 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))
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 Mrs C and planning records online. I have also viewed the area on Google maps and Streetview.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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 a person disagrees with the decision the organisation made.
7. The information does not indicate the Council was at fault in the way it decided this planning application.
8. The case officer wrote a detailed report setting out their consideration of this application. This included consideration of the impact of the change of use on the amenity of Mrs C’s property.
9. There is no evidence of fault in the way the Council reached its assessment that the impact on Mrs C’s property was acceptable. This means we cannot say the decision was right or wrong.

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Final decision

10. We will not investigate Mrs C’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman