Summary: We will not investigate this complaint about the Council’s refusal to take responsibility for issues caused by a development it granted planning permission for. This is because we are unlikely to find fault by the Council. It is also unlikely an investigation would add to the Council’s response.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the Council’s refusal to deal with issues caused during the construction of a new development next to his home. Mr X says the development has impacted his property and the Council should take responsibility for the problems as it granted planning permission for the development.

Back to top

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, or
• we could not add to any previous investigation by the council, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

4. The Council granted planning permission for a development next to Mr X’s home. Mr X says his neighbour exposed his water pipe during the building process and this has disrupted his water supply.
5. However, it is not for the Council to get involved with issues relating to damage to a person’s property because of a planning application. Instead, this will be a private civil matter between Mr X and his neighbour.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. It is also unlikely an investigation by the Ombudsman would add to the Council’s response.

Back to top

Investigator's decision on behalf of the Ombudsman