Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning matter. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council approved a side extension to her neighbour’s property which she thinks is too big. She also complains the Council has decided not to take enforcement action against her neighbour for failing to comply with the approved plans.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The planning officer’s report shows the Council took account of relevant material planning considerations when reaching its decision and decided, on balance, that there were no good reasons to refuse it. I have seen no evidence of fault in this process; the report addresses Mrs X’s objections and clearly sets out the reasons for the Council’s decision. I therefore see no basis for us to question the decision.
7. The development has now been built and Mrs X complains it does not comply with the approved plans; in particular, she says it is too tall. The Council has explained to Mrs X that her view on the allowed height is based on a misunderstanding of the plans and the evidence supports this. It accepts there is a minor breach but has decided this does not cause such harm in terms of loss of light or outlook to warrant enforcement action. This is a decision the Council was entitled to reach and I have seen no evidence of fault which calls it into question.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman