Cherwell District Council (21 003 493)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 12 Aug 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a new housing development near Mr X’s home as he has not been caused an injustice.

The complaint

  1. Mr X complains the Council has granted planning permission for two new properties on the street where he lives. He says the properties change the character of the street and dominate his neighbour’s property.

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The Ombudsman’s role and powers

  1. 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 any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. There is another property between Mr X and the new properties and so he will be unaffected. Therefore, he has not been caused an injustice and we will not investigate this complaint.
  2. Mr X says the new properties change the character of the street. I have viewed images of the street using an online mapping service. The street is made up of different property types which vary in materials and design. Therefore, I cannot see that the introduction of the two new properties would cause Mr X an injustice as a result of a change in the character of the street and so we will not investigate this complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because he has not been caused an injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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