Summary: Ms X complains about the Council’s grant of planning permission for a property next to her house. The Ombudsman will not investigate this complaint because there is no evidence of fault causing injustice to Ms X. Part of the complaint is out of time.

The complaint

1. Ms X complains about the Council’s grant of planning permission for a property next to her house.

Back to top

The Ombudsman’s role and powers

2. 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 we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

Back to top

What I found

4. A planning application for a dwelling was granted by the Council in 2018 at the rear of her house. Access was by a lane at the side of her house.
5. A planning application for a variation of the planning permission was granted in 2020.
6. Ms X objected to the use of the access lane for vehicular traffic. She says that she obtained legal advice at significant cost.
7. The planning permission is out of time for investigation by the Ombudsman for the reasons given above and I see no reason why a complaint to this office could not have been made within 12 months of the decision in 2018.
8. The variation planning application was subject to consultation by the Highways Officer and the Public Rights of Way Officer. Both considered that the plans were acceptable.
9. I am satisfied that the Council considered the latest planning application without fault. The Council consulted their experts on the question of access and they had no grounds to refuse the planning application.
10. I appreciate that Ms X obtained legal advice but that is not the result of fault by the Council.

Back to top

Final decision

11. I do not intend to investigate this complaint because part of the complaint is out of time and there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman