Summary: We will not investigate this complaint about the Council’s failure to tell the complainant about an extant planning permission on land next to her home. There is not enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mrs X complains the Council failed to tell her of an existing planning permission for the property next to her home when she applied for permission to extend her home.
2. She says she would have redesigned her extension to avoid having multiple French doors which now look onto a brick wall.

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The Ombudsman’s role and powers

3. We 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. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

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

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My assessment

6. Mrs X says she was not aware of an extant planning permission for a new property in the grounds of the house next to her home. This permission was granted in 1978 before Mrs X bought her home. This is something which her solicitor should have established during the conveyancing process.
7. Mrs X also says the Council should have told her about the planning permission when she applied to extend her home in 2015.
8. The Council is required to determine the planning applications it receives. It considered the impact of Mrs X’s proposed extension on the existing house next to her. It is not required to advise Mrs X of existing planning applications in the area.
9. The Council notified Mrs X of the planning permission for the new property when it received an application to change the original plans. Mrs X’s comments were considered when the Council approved the changes. The Planning Officer’s report also shows the Council considered the impact of the proposed changes to the new house when it decided to approve the application.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman