Summary: We will not investigate this complaint about how the Council dealt with a retrospective planning application. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about the Council’s decision to grant retrospective permission for a development near her home. Mrs X says the applicant has incorporated land into their property which they do not own. She believes the decision to grant permission has created a precedent and other residents may make similar applications which could restrict access to the rear of her property.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made.
5. In this case, I am satisfied the Council properly assessed the acceptability of the development before granting retrospective planning permission. The case officer considered the impact on the area and neighbouring properties but decided the development did not have an adverse impact on residential amenity.
6. Mrs X says the development site is not owned by the applicant. The Council says the applicant submitted ownership certificate A with their application confirming they are wholly in control of the land. I understand Mrs X disputes this, but it is not for the Council to get involved with land ownership issues as this will be a private civil matter.
7. I understand Mrs X disagrees with the Council’s decision to grant retrospective planning permission. But the Council was entitled to use its professional judgment to decide the development was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the retrospective application, it is unlikely I could find fault.

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Final decision

8. We will not investigate Mrs X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman