Rochdale Metropolitan Borough Council (21 003 102)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 20 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint as there is no evidence of fault in the way the Council reached its decision to grant planning permission for Mrs X’s neighbour’s extension. There is also no significant injustice caused to Mrs X as a result of the second planning application as the Council has refused to grant planning permission.
The complaint
- Mrs X complains about the way the Council has handled two planning applications for single storey extensions to her neighbours home. Mrs X says the Council has not provided her with relevant documents and measurements when she has asked for these and has failed to properly notify local people about the applications.
- Mrs X says the Council’s actions have caused her stress and upset over many months.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
My assessment
Planning application 1
- Miss X says the Council approved planning permission for a single storey extension to her neighbour’s property after asking for amended plans. She says she asked for measurements to verify that plans had been changed but the Council has failed to provide these.
- I have considered the officer report which sets out the Council’s consideration of the planning application. This is available to the public on the Council’s website.
- The officer report shows that the Council has considered the impact of the proposal on Mrs X’s property alongside relevant local planning policies. It is unlikely we would find fault in the way the Council has reached its decision to grant planning permission.
- Mrs X would like the Council to provide her with measurements of certain parts of the plans. The Council’s officer report sets out the Council’s consideration of the planning application. This should be read in conjunction with approved scale plans. There is no requirement for the Council to provide measurements Mrs X has asked for.
Planning application 2
- The Council refused planning permission for the second application for a single storey rear extension to Mrs X’s neighbour’s property. Therefore, Mrs X has not been caused a significant injustice by the Council so we should not investigate this complaint.
Final decision
- We will not investigate this complaint. This is because it is unlikely, we would find fault with the Council’s planning permission for her neighbour’s extension. Mrs X has also not been caused a significant injustice by the Council in relation to the second planning application as it refused planning permission.
Investigator's decision on behalf of the Ombudsman