Summary: Mr X complains about the Council’s decision to approve his neighbour’s planning application. We will not investigate the complaint because we are unlikely to find evidence of fault.

The complaint

1. The complainant, who I refer to as Mr X, says the Council granted planning permission for his neighbour’s extension on the boundary with his property without considering the terracing effect of the proposed development. He says the lack of a step-in from the boundary means exterior walls cannot be properly finished without access to his land which he has not given.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. (Local Government Act 1974, section 34(3), as amended)
3. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided Mr X and the Council, including its responses to his complaint.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Mr X the opportunity to comment on my draft decision.

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My assessment

7. Mr X’s objections to his neighbour’s planning application were considered, along with the other objections made against it, and addressed in the officer report. The issue of terracing and its impact on Mr X’s property were covered and while I understand Mr X does not agree with the decision taken by the Council, it is not our role to review the merits of it. We cannot question the professional judgement of officers if the correct steps have been followed and the relevant evidence and information considered.
8. As the Council has previously explained, issues involving an overhang over the boundary onto Mr X’s property and party wall issues are civil matters with which the Council would not be involved.
9. I have seen no evidence to suggest fault affected the Council’s decision

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Final decision

10. We will not investigate this complaint. This is because we are unlikely to find evidence of fault.

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Investigator's decision on behalf of the Ombudsman