Summary: We will not investigate this complaint about how the Council handled changes to a development which were not in line with planning permission. This is because the complainant has not suffered a significant injustice.

The complaint

1. Mrs X says that during the planning consultation for a new building, the Council told residents it would replace an existing boundary fence with a new one. The Council, which in this case was the applicant, did not remove the fence and Mrs X says this was in breach of the planning permission.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6)).

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says when the Council showed her plans to build on its land, the Council told her it was going to remove an existing fence and landscape the area. When the Council finished the building work it had not removed the fence. Mrs X says this was a breach of the planning permission.
6. We will only carry out an investigation if we believe there has been a significant injustice which is not the case in this complaint.

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Final decision

7. We will not investigate this complaint about how the Council handled the changes to its development which were not in line with the planning permission. This is because the complainant has not suffered a significant injustice.

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Investigator's decision on behalf of the Ombudsman