Summary: We will not investigate Mr X’s complaint about a planning matter. This is because there is not enough evidence of fault affecting its decision to grant planning permission.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of his neighbour’s planning applications. He believes the Council failed to properly assess the proposals and says his neighbour’s development impacts on his living space, wellbeing and property value.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision.
6. It is clear there was an error in the Council’s handling of Mr X’s neighbour’s initial planning application but this has been rectified through the planning process. The Council considered the impact of the scheme which has now been implemented and while Mr X disagrees with its assessment I have seen no grounds for us to question its judgement.
7. Mr X is unhappy with the actions of his neighbour’s builders but this is not something the Council is responsible for or can resolve. If Mr X believes the builders have trespassed onto his property and caused damage to it he may wish to seek legal advice about making a claim against them through the courts.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault affecting the Council’s decision.

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Investigator's decision on behalf of the Ombudsman