London Borough of Southwark (21 008 422)
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s decision to grant planning permission for a neighbour’s new building. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Ms X complains about the Council’s decision to grant planning permission for a neighbour’s new building.
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, or
- any injustice is not significant enough to justify our involvement.
(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 provided comments on a draft of this decision.
My assessment
- Ms X says that the planning application for an out building by a neighbour will reduce the available parking in the area.
- The planning application included a detailed map showing where parking was available for visitors and residents (including the applicant).
- The Council consulted their Transport officer who advised them that the planning application would not lead to an unacceptable impact upon existing parking provision.
- The Council considered the impact of the planning application upon parking. I am satisfied therefore that there was no administrative fault in the way the Council considered this aspect. Ms X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.
Final decision
- We will not investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman