Summary: We will not investigate this complaint about the Council’s handling of a planning application because we could not add to the Council’s investigation, and we cannot achieve the outcome Ms X seeks.

The complaint

1. Ms X complains about the Council’s handling of a planning application for a house to be built in the next property to her garden. Ms X would like the Council to revoke the planning permission and the land to be returned to a garden.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The amended planning permission was approved in April 2021 and included conditions to retain vegetation on, and adjacent to, the development site.
6. The Council says the detail described in the report submitted, fell short of the requirements of the condition. The Council explained, the wording of the condition did not require all trees and hedgerows on the site to be retained but did require trees and hedgerows that are retained, be protected. Although Ms X is unhappy that all trees and hedgerows previously on the property are not being retained, the Council has explained the reason for this and confirmed no further action is warranted.
7. The Council has considered Ms X’s request to revoke the planning application and serve a formal stop notice on the development and has explained why it will not do this. We could not add to this or make a different finding even if we investigated.

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Final decision

8. We will not investigate Ms X’s complaint because we could not add to the Council’s investigation or achieve the outcome that Ms X is requesting.

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Investigator's decision on behalf of the Ombudsman