City of Wolverhampton Council (21 011 739)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 04 Jan 2022
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s grant of planning permission for a neighbour’s extension. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains about the Council’s grant of planning permission for a neighbour’s extension.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered the complainant’s comments on my draft decision.
My assessment
- Mr X’s neighbour submitted a planning application in 2021 for a first floor extension. The Council considered the objections to the planning application but granted planning permission.
- Mr X says that the planning application should not have been validated because it expressed an error about ownership of a tree on the border.
- The Council says that the error was not so significant as to nullify the planning application. I am satisfied that the Council reached this decision without administrative fault and so the Ombudsman cannot question the Council’s professional judgement.
- Further, any damage to a tree by a neighbour could be remedied by private legal action for damages. Planning permission does not provide the recipient of the right to damage another’s property.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman