Summary: We will not investigate this complaint about Council’s failure to investigate Mrs X’s complaints about boundary problems with her neighbour since the Council approved a new development in 2020. The problems are not within the Council’s remit as planning authority to resolve and she would need to seek a remedy by civil action in the courts.

The complaint

1. Mrs X complained about the Council’s failure to resolve her complaints about problems affecting the boundary of her home since it approved a planning application in 2020. She says the new development has involved pipes being installed on her land which have leaked, a drain blocked by the neighbour and disputes over the boundary and noise complaints.

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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:

• 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.

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

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she has had problems with a new development near her property boundary after the Council approved plans for it in 2020. She says pipes placed on her side of the boundary have leaked, she has had drains blocked by the neighbour and has complained about noise from the site. She complained to the Council about this is in 2024 and it sent a planning enforcement officer to visit the site.
6. The Council wrote to her in early 2025 and informed her that the matters she has raised are not related to breaches of the planning approval and that it cannot take enforcement action. Boundary disputes and damage to property or trespass are civil matters and the Council cannot resolve a boundary dispute between owners.
7. The Council told Mrs X that if she believes the noise levels she is experiencing may be a statutory nuisance she could ask the Council’s Noise team to investigate. This would be under the Environmental Protection Act 1990 and not the planning legislation.
8. We cannot resolve boundary issues between private owners and if the Council is satisfied that the planning regulations have not been breached then Mrs X would have to seek a remedy in the courts.

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Final decision

9. We will not investigate this complaint about Council’s failure to investigate Mrs X’s complaints about boundary problems with her neighbour since the Council approved a new development in 2020. The problems are not within the Council’s remit as planning authority to resolve and she would need to seek a remedy by civil action in the courts.

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Investigator's decision on behalf of the Ombudsman