Summary: Mrs X complains the Council failed to consider the privacy of future occupiers when it granted planning permission for play equipment close to new build properties. The Ombudsman will not investigate this complaint as Mrs X has used a different route to achieve the relocation of the play equipment. Therefore, there is no outstanding personal injustice.

The complaint

1. Mrs X complains the Council failed to consider the privacy of future occupiers when it granted planning permission for play equipment to be installed close to new build properties.
2. She says the Council should be held accountable for what she considers to be incompetence.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

4. I considered the information provided by Mrs X and discussed the complaint with her. She has the opportunity to comment on the draft version of this decision.

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What I found

5. Mrs X bought her new build house on a new development in late 2017. She bought the house from the developer.
6. In 2019 the developer erected play equipment close to her home. She complained to the Council as users of the equipment could see into her home.
7. The Council investigated her complaint. It confirmed the equipment was slightly different to that on the approved plans. However, it considered that no additional harm resulted from the discrepancies and decided it would not be expedient to take enforcement action.
8. Mrs X informed me the developer did not reveal the proposed location of play equipment to her or her solicitor before her purchase. Because of this she has also complained to the body which covers new property developments. She confirmed this body has found in her favour and recommended the play equipment is moved. She also says the Council does not object.

Assessment

9. The Council has confirmed to Mrs X that it was aware of:
• the proposed location of the play equipment
• the properties (including Mrs X’s home); and
• the windows in those properties

when it made the decision to approve the application.

10. I understand Mrs X considers the Council was incompetent when it granted planning permission for the play equipment close to the site of planned properties. However, the Ombudsman, when dealing with complaints has no power to question the merit of any decision which has not been affected by any administrative fault, even though a complainant may disagree with it.
11. The Ombudsman appreciates that individuals will have different views about decisions, but decision making is the function of the Council officers and members, not the Ombudsman. If a council has followed the correct procedures, taken all relevant matters into consideration, and come to a decision. I have considered the information provided by Mrs X and discussed the matter with her. I consider we are unlikely to find fault in the Council’s decision to approve the location of the play equipment when approved the planning application for the development where she lives..
12. I understand the developer did not reveal the proposed location of the play equipment to Mrs X or her solicitor. However, this is a matter between Mrs X and the developer and is not a fault of the Council.

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Final decision

13. I will not investigate this complaint. We are unlikely to find fault in the way the Council approved the planning application for the development where she lives. And, as the play equipment is to be moved to a new location, I do not consider any sufficient personal injustice remains.

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Investigator's decision on behalf of the Ombudsman