Summary: We will not investigate Mrs X’s complaint about the Council’s failure to notify her about her neighbour’s planning applications. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mrs X complains the Council failed to notify her about two of her neighbour’s planning applications. She is unhappy the Council has granted permission for an extension which blocks light to her property and says it has failed to take enforcement action against her neighbour for building the extension bigger than approved.

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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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. It is clear Mrs X did not receive the Council’s letters regarding her neighbour’s planning applications but we could not say this was the result of any fault by the Council. The Council confirms it sent the letters and we cannot show, on balance, it did not. Mrs X suggests the Council should not rely on unregistered post for delivering neighbour notification letters but the law does not require it to send letters by any other means; we cannot therefore criticise it for not doing so.
5. Mrs X queries why her neighbour was allowed to build their extension when the Council accepts it has an unacceptable impact on her property but it unfortunately has no control over this. The Council consulted adjoining neighbours on the proposal and, because none objected, permission was granted by default.
6. Mrs X is also unhappy the Council has not taken enforcement action against her neighbour for building the extension larger than approved. But the decision about whether to take enforcement action is a matter of professional judgement and I have seen no evidence of fault in the way it was reached. We cannot therefore question it.
7. It is standard practice for councils to decline enforcement action where they consider a breach to be so minor (de minimis) that it does not make any significant difference. The Council has explained this principle applies here and it is not for us to say it is wrong.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman