Summary: We will not investigate this complaint about the Councils refusal to act on the complainant’s report of a breach of planning control by his neighbour. There is insufficient evidence of fault in way the Council dealt with the complainant’s reports.

The complaint

1. The complainant, I shall call Mr X complains the Council:
• ignored his objections to his neighbour’s planning application
• failed to act on his report of a breach of planning control by his neighbour
• failed to act on his reports that his neighbour has stolen some of his land
• failed to act on his reports of noise from construction work in the evenings and at weekends

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X’s neighbour applied for planning permission to build an outbuilding in their garden. Mr X objected on the following grounds:
• he has a boundary dispute with his neighbour
• lack of measurements on plans
• neighbour has damaged and removed trees
• party walls issues
• theft of fence panels
• neighbour fence is too high
• neighbour’s builders have been abusive; and
• a failure of a duty of care to Mr X who is elderly
6. The multiple responses from the Council to Mr X say the Council:
• the plans on the Council’s website show measurements
• Planning Officer’s report considered the objections about the trees and included a condition to protect the root area
• has inspected the building and is satisfied there is no breach of planning control as the outbuilding is brick which matched the materials used for the property, which was also brick, before external insulation was added
• has written to the neighbour explaining acceptable hours for noisy work; and
• confirms Mr X is on a waiting list for noise monitoring equipment to be installed in his home.
7. Mr X’s concerns about a boundary issue, theft of fence panels and party wall issues are civil matters and do not involve the Council.
8. Information from the internet shows the neighbour’s fence at the front of the property has been in place for more than ten years. It is too late to complain about this now.

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Final decision

9. We will not investigate Mr X ’s complaint because we have not seen evidence of fault in the way the Council:
• considered the neighbour’s planning application
• considered Mr X’s reports of a breach of planning control; and
• considered Mr X’s report of noise nuisance

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Investigator's decision on behalf of the Ombudsman