Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for Mr X’s property before he bought it. We consider that any errors in the planning application process did not cause Mr X any injustice and we cannot achieve the outcome he is seeking.

The complaint

1. Mr X complains the Council granted planning permission for the property he lives in to be converted into three flats. He says the Council failed to protect future occupants from unsafe chimneys.
2. Mr X wants the Council to:
• Demolish and rebuild the chimneys.
• Reimburse him for the money he has spent to make the property safe.
• Pay him financial compensation.

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The Ombudsman’s role and powers

3. 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:

• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

6. The Council granted planning permission for the conversion of a property into three flats in 2021.
7. Mr X bought one of the flats in 2023.
8. It was Mr X’s responsibility to ensure he was satisfied with the property before buying it, as ‘buyer beware’ applies. By buying the property, Mr X effectively accepted any issues with it and the injustice he now claims arises from that.
9. If Mr X now believes there were defects with the property before the sale, he would need to seek his own legal advice. We cannot assist with this, and we cannot achieve the outcome Mr X seeks.

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Final decision

10. We will not investigate Mr X’s complaint because we do not consider the Council’s actions have caused Mr X a significant personal injustice, nor can we achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman