Summary: We will not investigate this complaint about the Council’s handling of a breach of planning control. There is not significant enough injustice to warrant investigation.

The complaint

1. Mr X complains the Council has not acted on reports of an alleged breach of planning control regarding a structure on neighbouring land. He says this dominates the view from his living room and has caused stress, anxiety and uncertainty.

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The Ombudsman’s role and powers

2. 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 injustice is not significant enough to justify our involvement. (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 the complainant and the Council. I also looked at photographs of the relevant area supplied by Mr X and online.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
6. Mr X says the structure is large and dominates the view from his front room. I have considered the evidence he provided, along with information available online. I understand that Mr X may not like the appearance of the structure. However, given its size and distance from his property, I do not consider it to have a significant impact on his amenity. I also do not consider it to have a significant effect on visibility when he leaves his driveway. Mr X says tree planting near the structure might affect drainage. That seems speculative and not significant enough to warrant us investigating. Mr X has not experienced a serious enough loss, harm or distress for us to be able to justify investigation into his complaint.

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Final decision

7. We will not investigate Mr X’s complaint because there is not significant enough injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman