Summary: We will not investigate this complaint the Council failed to properly consider a planning application. Although the Council was at fault, that did not cause the complainant a significant injustice.

The complaint

1. Miss X complained to the Council after her neighbour cut down trees that were screening a new structure they had built in their garden. She said the Council approved the planning application for the structure based on the trees being present.
2. Miss X said despite the Council accepting it had incorrectly considered the presence of the trees in its Officers Report, it had not taken responsibility for the error. Miss X wants the Council to provide screening.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. In the planning application, Miss X’s neighbour stated they intended to remove the trees from their garden to build the structure. The Council did not note this when it considered the planning application. Its Officer’s Report referred to the structure having little impact on Miss X’s property because of the trees, stating these made the structure barely visible to neighbouring properties.
7. Although the Officer’s Report inaccurately assessed the impact of the structure on Miss X’s amenity, we will not investigate this complaint. That is because the Council has confirmed it would have approved the planning application for the structure even if the trees were not there. Also, the Council explained Miss X’s neighbour could have built a structure of similar size and with a similar impact on her property without planning application. Given the above, we cannot say the Council’s fault has caused Miss X a significant injustice.

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Final decision

8. We will not investigate Miss X’s complaint because the Council’s fault has not caused Miss X a significant injustice.

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Investigator's decision on behalf of the Ombudsman