Summary: We will not investigate Ms X’s complaint about how the Council considered her concerns about nearby development. This is because there is not enough evidence of fault.

The complaint

1. Ms X complains the Council did not properly investigate her concerns about nearby development. She says that she will have to sell her home and the development will impact on the value of her home.

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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 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

We cannot use this as we cannot say there is no fault as we have not investigated. Just stick with PV20

I considered this complaint

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

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My assessment

5. The Council decided proposed nearby development did not need prior approval. Ms X says the information on the application was inaccurate. The Council made enquiries and decided the development was appropriate and did not significantly impact neighbouring amenity. It said the development was permitted development and that Ms X’s house sale was not a material planning consideration.
6. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council decided the development was permitted development in line with the law.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman