Summary: Ms X complains about the Council’s handling of a neighbour’s planning application and its decision to grant permission. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council was negligent in allowing a significant change of plans halfway through her neighbour’s building of an extension to their property. She says the impact of the changes on her home were not properly considered, that no visit was made to her property and the changes have allowed for a higher wall and a side window which overlooks her property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether an organisation’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)
3. We provide a free service but must use public money carefully. We do not start 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

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Ms X the opportunity to comment on my draft decision.

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My assessment

7. The Council granted planning permission for Ms X’s neighbour to build an extension at their property. When it was advised the development was not being carried out in accordance with the original approved plans, the Council told the neighbour a new planning application would be required so the changes could be assessed. Ms X objected to the application and, while the Council considered her objections, it decided to grant permission which regularised the changes.
8. Unhappy with the decision, Ms X complained to the Council about various issues connected to the application. The Council addressed the matters raised under the two stages of its complaints procedure but it did not uphold Ms X’s complaint.
9. While I understand Ms X is disappointed with the Council’s decision, it is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. The changes, as assessed by officers using their professional judgement, were viewed as acceptable and I have seen no evidence to suggest fault affected this decision.

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Final decision

10. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman