Complaint against South Staffordshire Council dropped by Ombudsman

The council was reported to the Local Government and Social Care Ombudsman by a man who complained it had granted planning permission for more houses than allowed under its Site Allocation Document (SAD).

The man, referred to as Mr X in a report, also complained South Staffordshire Council did not properly consider concerns about the suitability of the site, access, inaccuracies in the information provided by the applicant and environmental factors.

But the Ombudsman decided not to investigate the complaint because it was unlikely it would find fault by the council, the report presented to South Staffordshire Council’s standards and resources committee meeting on January 16 said. The report has not identified the site involved.

The Ombudsman’s report added: “We investigate complaints about maladministration and service failure. We must also consider whether any fault has had an adverse impact on the person making the complaint. We provide a free service, but must use public money carefully.

“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.

“The council adopted its SAD in September 2018 following consideration and approval by the Planning Inspectorate on behalf of the Secretary of State. Shortly after this a developer applied for planning permission for a new housing development near Mr X’s home.

“Mr X disputes the suitability of the site for the development and complains the council has granted planning permission for more new dwellings than were indicated in the SAD. He believes the council has not justified the increase and wants it to limit future development in the area.

“The Ombudsman will not investigate this complaint. The suitability of the site was determined by the council and approved by the Planning Inspectorate as part of the work on the SAD. The figures given for housing on this site were set as a minimum and there was nothing in the SAD itself or the Planning Inspector’s report which stopped the council from granting permission for more dwellings.

“The planning officer’s report shows the council properly considered the points which the Inspector raised as possible concerns and addressed objections/comments raised by local residents and consultees.

“While Mr X disagrees with the council’s decision I have seen no evidence of fault in the way it was reached – we cannot therefore criticise it. We also cannot achieve the outcome Mr X wants, which is for the council to reconsider the application and reduce the number of houses on the site.”