Summary: We will not investigate Mrs X’s complaint about the Council’s involvement with a planning application for her neighbour’s property. This is because the alleged faults did not cause significant enough injustice to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s handling of a planning application for changes to her neighbour’s property. Mrs X said the planned works will mean her garden and bedroom window will get less sunlight, part of her roof will be in shadow, which could lead to future problems with damp and the loss of light will devalue her property.

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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 any injustice is not significant enough to justify our involvement.

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How I considered this complaint

3. I considered information provided by Mrs X. I viewed the planning application and the Council’s case officer’s report.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. On the point about light loss, I have reviewed the planning officer’s report and associated drawings. It appears there will be a small amount of extra light loss to Mrs X’s garden and window for part of the morning each day. I appreciate Mrs X’s frustration, but this is not at a significant enough level to justify us investigating the alleged fault in the Council’s decision making.
6. The claimed impact on Mrs X’s flat roof would not be a reason for the Council to refuse planning permission. If any such damage occurs, it will be a private legal matter between Mrs X and her neighbour. It is not a matter for the Council or the Ombudsman.
7. On the point about devaluation of Mrs X’s property, as the practical impact of light loss is not significant enough for us to investigate, it follows we will not pursue any associated financial impact.
8. I appreciate Mrs X’s upset and frustration about the situation. However, as we will not be investigating the practical impact of the extension, the associated emotional impact is not significant enough for us to justify an investigation.
9. I have considered the various faults Mrs X alleges in the Council’s handling of the planning application. However, as explained above, the development does not cause significant enough injustice to warrant us investigating whether the Council was at fault.
10. Mrs X believes the Council’s decision making may have been influenced by bribery or fraud. This is an allegation of crime and Mrs X can report this to the police if she believes it should be investigated. It is not a matter for the Ombudsman.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not significant enough injustice.

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Investigator's decision on behalf of the Ombudsman