Summary: We will not investigate this complaint about the Council’s handling of a prior approval application and associated building control matters. There is no evidence of fault in the way the Council handled the application, and we are satisfied with the Council’s response to the building control issues.

The complaint

1. Mrs X complains about the Council’s handling of a prior approval application, and associated building control issues, regarding an extension at a neighbouring property.

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The Ombudsman’s role and powers

2. We can investigate 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation, or
• we are satisfied with the actions a Council has taken or proposes to take.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

3. With reference to the first bullet point above, we can consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. And it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered:
• information provided by Mrs X and the Council, which included their complaint correspondence.
• information about the application on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Mrs X is very unhappy about the extension next door and the impact this is having on her. But the Ombudsman is not an appeal body. This means we do not overrule Council decisions. Rather, we look at whether there was fault in the way it makes those decisions. If we decide there was no fault in how it did so, we cannot question whether it should have reached a particular decision or say it should have reached a different outcome.
7. I consider there is no evidence of fault in the way the Council handled the application to justify starting an investigation. In reaching this view, I am mindful that:
• There is no requirement for neighbour notification letters to be sent via recorded delivery, and we cannot hold the Council responsible for any errors by Royal Mail in delivering the letter.
• There was no requirement for the Council to visit Mrs X’s property during the consideration of the application.
• For this type of ‘prior approval’ application, the Council can only consider the impact of a proposal on residential amenity where an objection from an adjoining property is received.
• Mrs X’s concerns about encroachment on to her land, the suitability of the private right of way, rights to light, and party wall agreements, are all civil matters between her and the neighbour. Notwithstanding this, and as a gesture of good will, the Council has informally liaised with the neighbour in an attempt to help resolve some of the outstanding civil issues.
• The Council has checked whether the extension has been built in accordance with the consent.
8. The Council has also apologised for the failure of its building control team to return Mrs X’s telephone calls. It has since visited the site, and says inspections will continue to ensure the works comply with the building regulations. I am satisfied with the Council’s response to this part of the complaint, so we will not pursue the matter further.
9. As we are not investigating the substantive planning and building control issues being complained about, it would not be a good use of our resources to investigate any associated concerns about the Council’s complaint handling in isolation.

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Final decision

10. We will not investigate Mrs’s complaint because there is no evidence of fault in the way the Council handled the application, and we are satisfied with the Council’s response in relation to the building control issues.

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Investigator's decision on behalf of the Ombudsman