London Borough of Haringey (21 012 600)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of planning and building control matters relating to a property development close to Ms X’s home. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- The complainant, who I refer to as Ms X, complains about the Council’s handling of planning and building control matters relating to a property development close to her home which she believes has caused damage to her property.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council granted planning permission for a housing development close to Ms X’s home. Following reports of a breach of condition attached to the permission, the Council investigated and met with the developer and builder on site. The relevant condition was subsequently discharged and the Council satisfied itself there was no existing breach of planning control.
- In response to Ms X’s concerns that development at the site had caused dangerous cracks to her own property, the Council’s Building Control visited Ms X but the officer did not consider the cracks to be dangerous.
- The Council has advised Ms X to appoint her own professional advisors and to contact her insurance company because any damage caused to her property as a result of the development is a civil matter between her and the developer.
- While I understand Ms X’s distress at the cracking at her property, the Council has correctly advised Ms X of the steps she should take and it is not a matter with which the Council is involved.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman