Summary: We will not investigate this complaint about the Council’s handling of a boundary dispute when determining a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council handled the matter.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council was wrong to grant planning permission for his neighbour’s development when there was a dispute about the position of the boundary.

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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 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 the information provided by Mr X.
4. I also considered our Assessment Code, and the planning application documents on the Council’s online planning portal.

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My assessment

5. Mr X’s neighbour submitted a planning application with plans which showed the development positioned on the boundary. Mr X raised concerns about this. The neighbour submitted amended plans which showed the boundary in a slightly different position, closer to Mr X’s property. Mr X provided the Council with a Land Registry document, as he believed the application site now encroached on to his land.
6. The Council says it sought confirmation from the neighbour’s agent three times as to whether the boundary on the amended plans was correct, and informed them that if it was not correct it could invalidate the planning permission. It says officers also sent the agent a copy of the Land Registry document. On each occasion the agent the confirmed the boundary indicated on the amended plans was correct.
7. I appreciate Mr X believes his neighbour’s development will encroach on his land. But it is not the Council’s role to resolve boundary disputes, and it cannot take such matters into account when assessing the merits of an application. The grant of planning permission only means the Council is satisfied the development is acceptable in planning terms. It does not give the applicant rights to develop land they do not own. Rather, this is a private, civil matter and it is open to Mr X to seek legal advice if he wishes to challenge the position of his neighbour’s development.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council handled the boundary issue when determining the application.

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Investigator's decision on behalf of the Ombudsman