Summary: We will not investigate this complaint about the way the Council dealt with a planning application. This is because Mr X has not been caused an injustice by the actions of the Council.

The complaint

1. Mr X complains the Council has granted planning permission for a development even though the applicant falsely claimed to own land belonging to Mr X. Mr X says the Council should revoke the planning permission.

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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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. The planning application for the development included a plan which showed the extent of land owned by the applicant. Mr X says this included land he owns. However the proposed development was not on or near Mr X’s land and so he has not been caused an injustice by the actions of the Council. Therefore we will not investigate this complaint.
6. Land ownership disputes are civil matters and Mr X may wish to seek advice if he is concerned that someone is claiming ownership of his land. This is not a matter for the Council to resolve.

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Final decision

7. We will not investigate Mr X’s complaint because he has not been caused an injustice by the actions of the Council.

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Investigator's decision on behalf of the Ombudsman